Mining Incidents

Point Lick Surface Facility: 1 recorded fatality Coal

Controlled by Douglas M Epling
Point Lick, Campbells Creek, Kanawha County, WV  ·  Abandoned
MSHA Mine ID: 4608146

Point Lick Surface Facility has $48K in proposed MSHA penalties and $8K outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
13
Years on record
1992–2009
Latest incident
Oct 2009
Compliance record
MSHA citations since 2001
137
citations
32
significant & substantial
$48,102
proposed penalties
$39,868
paid to date
83% of proposed penalties paid to date, a $8,234 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
77
inspections on record
1,730
inspection hours
7.9
citations per 100 inspection hours
This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.
137 citations across 1,730 inspection hours.
Source: MSHA inspections data, updated weekly.

Point Lick Surface Facility has $48K in proposed MSHA penalties and $8K outstanding across 4 contested dockets.

Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$48K
proposed penalties
$48K
current assessed
$40K
paid to date
$8K
outstanding
130 assessments are final orders; 4 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2017-06-20.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
Violation severity profile
Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.
24.2%
significant & substantial
4.5%
high negligence or reckless
24.2%
reasonably likely or greater
22.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.6% low, 87.9% moderate, 4.5% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
When citations were contested
Contesting a citation before the Federal Mine Safety and Health Review Commission is a lawful right. These figures state the public outcomes of that process, from MSHA's Contested Violations file.
12 citations taken to the federal commission · 9% of citations on record
  • Settled 6 · 50%
  • Stood as issued 3 · 25%
  • Vacated or withdrawn 3 · 25%
0%
S&S designation survived the contest
Counts a Significant & Substantial citation as surviving when a settlement or judge's decision kept the designation, or the contest was dismissed or defaulted so the citation stands as issued. Vacated and withdrawn citations, and settlements that removed the designation, count against.
of 2 decided S&S contests · industry: 79%
16%
Penalty reduction in decided contests
$2K proposed, $2K after decisions · industry: 39%
Source: MSHA Contested Violations file (public record), updated weekly. A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record. Latest contest filed 2010-09-24.
Contested penalties
A reduction or dismissal at the Commission is a lawful outcome of contesting a proposed penalty. Figures are the proposed amount and the amount upheld in the docket's decision.
Largest penalties this mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
WEVA 2010-908 Dismissal Harner 2012 $1K → $1K
WEVA 2010-1986 Settlement Harner 2012 $693 → $456
WEVA 2009-922 Settlement Weisberger 2011 $276 → $176
WEVA 2010-676 Settlement Harner 2012 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Point Lick Surface Facility shows 100% of 65 respirable coal dust samples met the 1.5 mg/m3 standard.

Health sampling
A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.

Respirable coal dust
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.

Last sampled: 2014-09-11, 11 years ago
100%
within 1.5 mg/m3
65
samples
1.25
dust max (mg/m3)
0
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
58 samples taken by MSHA inspectors, 7 by the operator.
Most-sampled occupations
  • UTILITY MAN20
  • HIGHLIFT OPERATOR/FRONT END LOADER13
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8

Silica (quartz)

Last sampled: 2013-03-14, 13 years ago
1.0
silica avg (%)
1
samples
1.0
silica max (%)
Most-sampled occupations
  • UTILITY MAN1

Noise
The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.

Last sampled: 2014-09-11, 11 years ago
11%
over PEL
38
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER10
  • UTILITY MAN8
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Health sampling trend
A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.
Respirable coal dust by year
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.
Year within 1.5 mg/m3 samples
2014 100% 2
2013 100% 10
2012 100% 5
2011 100% 10
2010 100% 12
2009 100% 16
2008 100% 5
2007 100% 5
Noise by year
Year over PEL samples
2014 0% 2
2013 29% 7
2012 0% 6
2011 10% 10
2010 0% 3
2008 0% 5
2007 20% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Point Lick Surface Facility recorded 0.00 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In West Virginia, coal mining averaged 4.56 cases per 100 workers that year.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year total case rate days-away fatal
2013 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 1.73 0.00 0.000
2008 * 2.04 0.00 0.000
2007 * 2.74 0.00 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Ownership history
  1. Catenary Coal Company LLC 1992 to 2008
  2. Midland Trail Energy LLC 2008 to 2016
  3. ERP Environmental Fund Inc 2016 to 2019
  4. Hanover Resources, LLC 2019 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2018 0
2017 0
2016 0
2015 1
2014 5
2013 13
2012 7
2011 26
2010 28
2009 33
2008 29
2007 30
2006 3
2005 3
2004 3
2003 3
2002 3
2001 3
2000 3
Source: MSHA quarterly employment and production, updated weekly.

Point Lick Surface Facility sits in Kanawha County, West Virginia, where the Census mining category is 1.9% of county employment.

Local economic context
County figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Kanawha County, West Virginia · Population 178,198
1.9%
Mining share of county employment
$58,887
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
Quarterly safety rates
Citations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter Hours worked Citations S&S Per 1M hrs
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 0 1 0
2017 Q2 0 2 0
2017 Q1 0 1 0
Show 68 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 514 0 0 0.0
2015 Q1 635 0 0 0.0
2014 Q4 1,721 0 0 0.0
2014 Q3 3,525 0 0 0.0
2014 Q2 3,402 0 0 0.0
2014 Q1 1,741 0 0 0.0
2013 Q4 2,429 0 0 0.0
2013 Q3 10,910 7 0 641.6
2013 Q2 14,360 1 0 69.6
2013 Q1 9,950 8 1 804.0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 3,561 0 0 0.0
2012 Q1 15,669 8 1 510.6
2011 Q4 16,541 2 0 120.9
2011 Q3 19,394 2 0 103.1
2011 Q2 22,537 0 0 0.0
2011 Q1 23,789 1 0 42.0
2010 Q4 20,860 0 0 0.0
2010 Q3 22,121 10 1 452.1
2010 Q2 21,555 2 0 92.8
2010 Q1 22,865 6 0 262.4
2009 Q4 23,829 0 0 0.0
2009 Q3 30,454 0 0 0.0
2009 Q2 30,555 1 0 32.7
2009 Q1 31,037 1 0 32.2
2008 Q4 26,156 11 0 420.6
2008 Q3 24,262 0 0 0.0
2008 Q2 25,620 0 0 0.0
2008 Q1 21,912 5 0 228.2
2007 Q4 21,651 6 4 277.1
2007 Q3 19,177 0 0 0.0
2007 Q2 20,125 11 8 546.6
2007 Q1 11,965 3 0 250.7
2006 Q4 1,456 0 0 0.0
2006 Q3 1,391 0 0 0.0
2006 Q2 1,681 0 0 0.0
2006 Q1 1,708 1 1 585.5
2005 Q4 1,450 0 0 0.0
2005 Q3 1,616 0 0 0.0
2005 Q2 1,609 0 0 0.0
2005 Q1 1,709 0 0 0.0
2004 Q4 1,459 0 0 0.0
2004 Q3 1,619 0 0 0.0
2004 Q2 1,624 0 0 0.0
2004 Q1 1,624 0 0 0.0
2003 Q4 1,482 0 0 0.0
2003 Q3 1,582 1 0 632.1
2003 Q2 1,546 0 0 0.0
2003 Q1 1,680 0 0 0.0
2002 Q4 1,422 0 0 0.0
2002 Q3 1,551 0 0 0.0
2002 Q2 1,726 0 0 0.0
2002 Q1 1,651 0 0 0.0
2001 Q4 1,520 0 0 0.0
2001 Q3 1,546 0 0 0.0
2001 Q2 1,591 0 0 0.0
2001 Q1 1,717 0 0 0.0
2000 Q4 1,520 0 0 0.0
2000 Q3 1,697 0 0 0.0
2000 Q2 1,644 0 0 0.0
2000 Q1 1,764 0 0 0.0

Fatalities at this mine

1 recorded
April 23, 1993 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · POWERED HAULAGE
Catenary Coal Company LLC · Struck against a moving object

VICTIM WAS DRIVING A LOADED COAL TRUCK DOWN A ELEVATED ROAD WAY AND APPARENTLY TRIED TO SHIFT GEAR HE GO THE TRUCK IN NEUTRAL AND COULD NOT GET IT BACK IN GEAR WHILE GAINING EXCESSIVE SPEED.HE DROVE THE TRUCK INTO A STOCK PILE KILLING HIM INSTANTLY.

Reportable incidents

12 on file (excluding fatalities above)

2009 · 2 incidents

October 4, 2009 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Midland Trail Energy LLC · Caught in, under or between a moving and a stationary object

The injured was trying to remove a discharge line from a feed box. The line shifted as it cleared the opening in the feed box, smashing the injured's right thumb. He was diagnosed with a laceration and fracture at CAMC General, where he received approximately 15 sutures to close the wound.

January 31, 2009 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Midland Trail Energy LLC · Fall from piled material

Climbing up tarp rock, EE slipped and fell and stubbed his right hand.

2008 · 1 incident

September 22, 2008 WV · Coal quality control technician, laboratory technician, laboratory assistant HANDLING OF MATERIALS
Midland Trail Energy LLC · Caught in, under or between (Not Elsewhere Classified)

Injured was in the process of changing out metal in the back of the raw coal chute, as he installed the new peices of metal his finger was pinched between the handrail that his hand was resting on and the metal he was installing.

2007 · 1 incident

June 14, 2007 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator POWERED HAULAGE
Catenary Coal Company LLC · Struck against a moving object

Employee attempting to shift gears going up grade with truck. Got it out of gear. The truck rolled backwards into a ditch and turned on its side. Employee got out, noticed a fire starting in engine compartment. Used fire exinguisher but did not get fire undercontrol.

2006 · 1 incident

October 20, 2006 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Catenary Coal Company LLC · Struck against a moving object

EE was driving back to pit to get another load and ran into the ditch.

2004 · 1 incident

July 14, 2004 WV · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Catenary Coal Company LLC · Fall from machine

BASED UPON THE INFORMATION RECEIVED AT THIS TIME, EE WAS PUTTING A SPRING ON EE'S TRUCK AND HE FELL OFF AND HIT HIS RIGHT ARM AND IT STARTED TO SWELL. THE DR SAID THAT HE BRUISED A MUSCLE AND WOULD BE BACK TO WORK ON THE FOLLOWING MONDAY. EE WENT BACK TO THE DR. ON MONDAY AND CALLED AND SAID THAT HE WOULD BE OFF LONGER THAN ORIGINALLY ANTICIPATED

1999 · 2 incidents

November 29, 1999 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Catenary Coal Company LLC · Fall from machine

EE WAS GETTING UP IN TRUCK TO START SHIFT. HE STEPPED UP ON FIRST STEP WITH RIGHT FOOT, FOOT SLIPPED OFF, HE LANDED ON LEFT FOOT WITH ALL HIS WEIGHT. HE ALLEGED HE STRAINED HIS BACK WHEN THIS HAPPENED.

September 1, 1999 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Catenary Coal Company LLC · Struck by... (Not Elsewhere Classified)

EE WAS CONSTRUCTING BATTERY HOLD DOWN FOR WATER TRUCK HE HAD A COUPLE OR MORE WELDING PASSES TO COMPLETE JOB. HE GOT A NEW WELDING ROD HE HAD PROBLEM GETTING ROD TO STRIKE. HE LIFTED OUTER LEN S OF WELDING HOOD TO SEE. THERE WAS NO INNER LENS WHEN ROD STRUCK IT POPPED & APPARENTLY BLEW A RUST PARTICLE INTO HIS EYE. PARTICLE WAS DISOVERED & REMOVED 2 DAYS LATER

1995 · 2 incidents

June 22, 1995 WV · Coal coal/ore shovel operator, shoveler, power shoveler MACHINERY
Catenary Coal Company LLC · Fall from machine

EE WAS PULLING 2 TEN FOOT SECTIONS OF POLE UP A GRADE WHEN THE ENGINE ON THE BACKHOE BEING USED STALLED AND THE BACKHOE ROLLED BACKWARDS WITH TEH POLES AND STRUCK A STUMP WITH THE POLES. THE R IGHT REAR TIRE ROLLED UP ON THE POLES AND FLIPPED THE TRACTOR ON ITS LEFT SIDE. THE EE WAS THROWN OUT OF THE BACKHOE.

March 5, 1995 WV · Coal security guard, watchman HANDLING OF MATERIALS
Catenary Coal Company LLC · Over-exertion in lifting objects

THE SECURITY OFFICER WAS ASKED BY CLIENT PERSONNEL TO REMOVE A BARREL FROM THE CREEK. THE SECURITY OFFICER STATED THAT WHEN HE DID SO HE INJUREDHIS UPPER BACK.

1994 · 1 incident

October 2, 1994 WV · Coal security guard, watchman SLIP OR FALL OF PERSON
Catenary Coal Company LLC · Over-exertion (Not Elsewhere Classified)

DOOR MOULDING ON THE GUARD HOUSE DOOR WAS BROKEN AND CAUSED THE SECURITY OFFICER TO TRIP WHEN EXITING THE GUARD HOUSE. THIS SECURITY OFFICER FRACTURED HIS LEFT ANKLE WHEN HE FELL.

1992 · 1 incident