Mining Incidents

Red Fox Load-Out: 147 MSHA citations Coal

M & P Services, Inc. · Facility
Controlled by James C Justice II
Squire, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4609131

Red Fox Load-Out has $113K in proposed MSHA penalties and $9K outstanding across 27 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
13
Years on record
2006–2013
Latest incident
Dec 2013
Compliance record
MSHA citations since 2007
147
citations
79
significant & substantial
$113,019
proposed penalties
$61,704
paid to date
55% of proposed penalties paid to date, a $51,315 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
36
inspections on record
916
inspection hours
n/a
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.
Rate withheld: 916 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Red Fox Load-Out has $113K in proposed MSHA penalties and $9K outstanding across 27 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.
$113K
proposed penalties
$70K
current assessed
$62K
paid to date
$9K
outstanding
145 assessments are final orders; 27 contested dockets.
Of $115K in penalties contested before the Commission, $60K was upheld in final decisions.
As of the most recent assessment on 2015-04-20.
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.
54.5%
significant & substantial
12.4%
high negligence or reckless
55.9%
reasonably likely or greater
60.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.7% low, 66.9% moderate, 12.4% 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.
96 citations taken to the federal commission · 65% of citations on record
  • Settled 89 · 93%
  • Stood as issued 3 · 3%
  • Vacated or withdrawn 4 · 4%
82%
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 77 decided S&S contests · industry: 79%
48%
Penalty reduction in decided contests
$115K proposed, $60K 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 2014-04-08.
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 2012-801 Settlement Feldman 2014 $31K → $10K
WEVA 2008-1534 Settlement Paez 2009 $24K → $18K
WEVA 2010-30 Settlement Moran 2011 $12K → $4K
WEVA 2009-1954 Settlement Lesnick 2010 $12K → $3K
WEVA 2011-2132 Settlement Tureck 2012 $4K → $2K
WEVA 2010-510 Settlement Feldman 2012 $4K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Red Fox Load-Out shows 100% of 50 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: 2014-01-13, 12 years ago
100%
within 1.5 mg/m3
50
samples
1.20
dust max (mg/m3)
50 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER18
  • CLEANING PLANT OPERATOR12
  • CLEANUP MAN9

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: 2014-01-13, 12 years ago
16%
over PEL
37
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER13
  • CLEANING PLANT OPERATOR9
  • CLEANUP MAN9
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% 3
2013 100% 5
2012 100% 12
2011 100% 7
2010 100% 5
2009 100% 13
2008 100% 5
Noise by year
Year over PEL samples
2014 0% 3
2013 40% 5
2012 29% 7
2011 0% 3
2009 14% 14
2008 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Red Fox Load-Out recorded 12.17 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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.
12.17
total case rate
12.17
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In West Virginia, coal mining averaged 4.50 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
2010 * 12.17 12.17 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 25.84 17.23 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. Black Bear Processing, LLC 2005 to 2007
  2. M & P Services, Inc. 2007 to present
  3. Bluestone Coal Corporation 2009 to 2010
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2018 0
2017 0
2016 0
2015 0
2014 0
2013 0
2012 9
2011 18
2010 13
2009 11
2008 11
2007 12
2006 6
2005 4
Source: MSHA quarterly employment and production, updated weekly.

Red Fox Load-Out sits in McDowell County, West Virginia, where the Census mining category is 13.0% 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.
McDowell County, West Virginia · Population 18,413
13.0%
Mining share of county employment
$29,980
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
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
Show 40 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q3 0 0 0
2015 Q2 0 1 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 2 0
2014 Q1 0 1 1
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 2 0
2013 Q1 0 0 0
2012 Q4 0 4 2
2012 Q3 2,315 2 1 863.9
2012 Q2 7,089 0 0 0.0
2012 Q1 6,119 2 0 326.9
2011 Q4 12,161 0 0 0.0
2011 Q3 10,382 0 0 0.0
2011 Q2 9,817 0 0 0.0
2010 Q4 13,331 12 11 900.2
2010 Q3 13,069 0 0 0.0
2010 Q2 3,120 0 0 0.0
2010 Q1 3,360 1 0 297.6
2009 Q4 1,728 1 0 578.7
2009 Q3 520 12 12 23076.9
2009 Q2 11,069 5 1 451.7
2009 Q1 11,768 3 2 254.9
2008 Q4 12,046 1 1 83.0
2008 Q3 12,130 3 1 247.3
2008 Q2 0 4 0
2008 Q1 5,859 9 1 1536.1
2007 Q4 4,575 0 0 0.0
2007 Q3 6,790 21 14 3092.8
2007 Q2 6,328 7 0 1106.2
2007 Q1 5,524 0 0 0.0
2006 Q4 3,032 0 0 0.0
2006 Q3 2,293 0 0 0.0
2006 Q2 2,229 0 0 0.0
2005 Q4 800 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

13 on file

2013 · 3 incidents

December 3, 2013 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
M & P Services, Inc. · Struck against a moving object

On 12-3-13 employee stated he had back pain due to operating a front end loader, feeding raw coal to the prep plant, which was causing back pain over a period of time.

July 1, 2013 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
M & P Services, Inc. · Fall to the walkway or working surface

Employee stated he was going to get chemical readings when his left foot went between floor drain cover causing him to fall, twisting his knee.

June 3, 2013 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator MACHINERY
M & P Services, Inc. · Flash burns (welding)

Employee stated while welding, he was having trouble with the ground and when he lifted his welding hood the welding rod arced causing flash burn to his eyes.

2010 · 2 incidents

December 28, 2010 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
M & P Services, Inc. · Over-exertion (Not Elsewhere Classified)

Employee stated that on 12/28/2010 while getting on the dozer, he slipped on the icy track and twisted his back. Employee did not miss work until 2/14/2011.

June 17, 2010 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Bluestone Coal Corporation · Caught in, under or between (Not Elsewhere Classified)

EE was dismounting endloader when he slipped on the ladder step and started to fall, his right hand became caught between the ladder rail and the machine.

2009 · 3 incidents

December 9, 2009 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman DUST DISEASE OF LUNGS
Bluestone Coal Corporation · Inhalation of radiations, caustics, toxic and noxious substances

This person has filed an occupational pneumoconiosis claim with Brick Street Mutual Insurance (West Virginia).

September 28, 2009 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Bluestone Coal Corporation · Over-exertion (Not Elsewhere Classified)

EE was walking to coal crusher his left foot got stuck in the mud. He went to step and twisted his left knee up under his body.

May 31, 2009 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman DUST DISEASE OF LUNGS
Bluestone Coal Corporation · Inhalation of radiations, caustics, toxic and noxious substances

This office has been notified of an occupational pneumoconiosis claim filed by this person on 5/31/09 with Brick Street Mutual Insurance (West Virginia).

2008 · 1 incident

September 29, 2008 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
M & P Services, Inc. · Caught in, under or between a moving and a stationary object

EE states he was washing down first floor of the plant, when the clean up pump stopped working. The EE pushed the stop button, opened the cover and pulled belt to see if motor was locked up. A co-worker the reset button in the control room, causing pump to start. Injured EE's (R) hand was pinched between teh belt and pulley.

2007 · 3 incidents

September 7, 2007 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
M & P Services, Inc. · Fall from machine

The employee was cleaning a sizer when a rock fell out of the sizer causing the employee to fall approximately three (3) feet resulting in bruised ribs and sprained ankle.

May 29, 2007 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Black Bear Processing, LLC · Over-exertion (Not Elsewhere Classified)

The employee stated he was climbing up the ladder on the front end loader to begin his shift when his foot slipped causing him to catch his weight with his arms causing pain in his chest.

April 30, 2007 WV · Coal security guard, watchman SLIP OR FALL OF PERSON
Black Bear Processing, LLC · Fall down stairs

Employee stated he fell while descending steps & hurt his right arm by straining it. Employee was bagging trash & taking it out of the office when he descended the steps. He was terminated for other reasoning, left the site & came back hours later and told the supervisor he had an accident before being terminated. AMEND Section D 28&29 *Remove ID M943 - Same Co. operates mine*

2006 · 1 incident