Mining Incidents

Rider #1: 112 MSHA citations Coal

Controlled by Jeffrey A Goldizen
Lost Creek, Harrison County, WV  ·  Abandoned
MSHA Mine ID: 4607085

Rider #1 has $33K in proposed MSHA penalties and $3K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
1991–2009
Latest incident
Aug 2009
Compliance record
MSHA citations since 2000
112
citations
45
significant & substantial
$33,128
proposed penalties
$19,331
paid to date
58% of proposed penalties paid to date, a $13,797 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
48
inspections on record
1,280
inspection hours
8.8
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.
112 citations across 1,280 inspection hours.
Source: MSHA inspections data, updated weekly.

Rider #1 has $33K in proposed MSHA penalties and $3K outstanding across 8 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.
$33K
proposed penalties
$23K
current assessed
$19K
paid to date
$3K
outstanding
111 assessments are final orders; 8 contested dockets.
Of $21K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2013-07-11.
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.
40.2%
significant & substantial
2.7%
high negligence or reckless
38.4%
reasonably likely or greater
21.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 9.8% low, 87.5% moderate, 2.7% 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.
27 citations taken to the federal commission · 24% of citations on record
  • Settled 23 · 85%
  • Stood as issued 3 · 11%
  • Vacated or withdrawn 1 · 4%
96%
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 25 decided S&S contests · industry: 79%
51%
Penalty reduction in decided contests
$21K proposed, $10K 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 2012-06-04.
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 2010-943 Settlement Harner 2012 $8K → $3K
WEVA 2008-806 Settlement Melick 2008 $4K → $2K
WEVA 2008-594 Settlement Melick 2008 $3K → $850
WEVA 2010-1048 Settlement Lesnick 2012 $2K → $2K
WEVA 2008-807 Settlement Lesnick 2009 $2K → $1K
WEVA 2007-722 Settlement Lesnick 2009 $1K → $748
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Rider #1 shows 100% of 141 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: 2013-07-11, 13 years ago
100%
within 1.5 mg/m3
141
samples
1.43
dust max (mg/m3)
141 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR42
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE31
  • BACKHOE OPERATOR27

Silica (quartz)

Last sampled: 2009-08-03, 17 years ago
11.1
silica avg (%)
22
samples
29.9
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR13
  • HIGHWALL DRILL OPERATOR5
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE3

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: 2013-07-16, 13 years ago
8%
over PEL
71
samples
Most-sampled occupations
  • BULLDOZER OPERATOR24
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE20
  • BACKHOE OPERATOR10
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
2013 100% 2
2011 100% 9
2010 100% 11
2009 100% 19
2008 100% 5
2007 100% 10
2006 100% 5
2005 100% 9
2004 100% 15
2003 100% 9
2002 100% 10
2001 100% 18
2000 100% 19
Silica (quartz) by year
Year silica avg (%) samples
2009 21.5 1
2008 14.3 1
2007 10.7 2
2005 9.2 1
2004 12.3 2
2003 9.6 2
2002 6.2 4
2001 17.4 3
2000 9.3 6
Noise by year
Year over PEL samples
2013 0% 1
2010 0% 9
2009 19% 16
2007 0% 10
2006 0% 5
2005 0% 9
2004 0% 6
2003 0% 3
2002 20% 5
2001 29% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Rider #1 recorded 9.26 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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.
9.26
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In West Virginia, coal mining averaged 4.29 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
2009 * 9.26 0.00 0.000
2008 * 3.41 0.00 0.000
2007 * 10.00 10.00 0.000
2006 * 0.00 0.00 0.000
2005 * 0.00 0.00 0.000
2003 * 3.86 3.86 0.000
2002 * 3.28 3.28 0.000
2001 * 3.20 3.20 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. United Coals Inc 1986 to 2006
  2. Gold Resources L L C 2006 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Coal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year Employees Coal produced (tons)
2014 0
2013 0
2012 4 2,843
2011 7 17,814
2010 9 22,411
2009 14 42,431
2008 28 109,359
2007 26 220,776
2006 19 100,251
2005 20 90,251
2004 21 69,300
2003 24 143,103
2002 26 172,955
2001 26 185,296
2000 20 128,306
Source: MSHA quarterly employment and production, updated weekly.

Rider #1 sits in Harrison County, West Virginia, where the Census mining category is 2.9% 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.
Harrison County, West Virginia · Population 65,407
2.9%
Mining share of county employment
$58,326
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
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
Show 50 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q3 402 0 0 0.0
2012 Q2 763 0 0 0.0
2012 Q1 4,818 2 0 415.1
2011 Q4 3,254 0 0 0.0
2011 Q3 3,562 2 0 561.5
2011 Q2 3,493 1 0 286.3
2011 Q1 3,090 3 0 970.9
2010 Q4 1,116 0 0 0.0
2010 Q3 1,429 0 0 0.0
2010 Q2 905 0 0 0.0
2010 Q1 6,140 4 2 651.5
2009 Q4 1,007 0 0 0.0
2009 Q3 5,310 2 1 376.6
2009 Q2 6,288 0 0 0.0
2009 Q1 8,983 7 1 779.2
2008 Q4 11,089 0 0 0.0
2008 Q3 17,425 0 0 0.0
2008 Q2 16,482 9 5 546.1
2008 Q1 13,698 0 0 0.0
2007 Q4 11,320 5 3 441.7
2007 Q3 11,805 2 1 169.4
2007 Q2 18,423 25 15 1357.0
2007 Q1 18,448 0 0 0.0
2006 Q4 10,911 0 0 0.0
2006 Q3 7,847 0 0 0.0
2006 Q2 4,014 0 0 0.0
2006 Q1 7,184 0 0 0.0
2005 Q4 16,824 0 0 0.0
2005 Q3 11,654 0 0 0.0
2005 Q2 10,641 0 0 0.0
2005 Q1 11,644 0 0 0.0
2004 Q4 15,825 0 0 0.0
2004 Q3 14,960 5 0 334.2
2004 Q2 8,645 0 0 0.0
2003 Q4 10,671 0 0 0.0
2003 Q3 12,650 0 0 0.0
2003 Q2 13,708 6 0 437.7
2003 Q1 14,802 5 1 337.8
2002 Q4 13,140 0 0 0.0
2002 Q3 14,228 4 1 281.1
2002 Q2 16,358 0 0 0.0
2002 Q1 17,321 0 0 0.0
2001 Q4 16,133 0 0 0.0
2001 Q3 15,470 0 0 0.0
2001 Q2 15,975 2 0 125.2
2001 Q1 14,966 2 0 133.6
2000 Q4 10,710 1 0 93.4
2000 Q3 10,938 0 0 0.0
2000 Q2 9,944 0 0 0.0
2000 Q1 9,518 7 3 735.4
No fatalities recorded at this mine.

Reportable incidents

12 on file

2009 · 1 incident

August 6, 2009 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Gold Resources L L C · Over-exertion (Not Elsewhere Classified)

Employee was shoveling #57 rock down chute of Powerscreen and strained his back.

2008 · 1 incident

December 23, 2008 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Gold Resources L L C · Fall from machine

EE was standing on the track of the 345 cat backhoe looking for numbers on fillers and his foot slipped, causing him to fall to the ground, landing on his left knee.

2007 · 3 incidents

November 8, 2007 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer EXPLODING VESSELS UNDER PRESSURE
Gold Resources L L C · Caught in, under or between a moving and a stationary object

The powerscreen was being raised and EE had ahold of the stabiilizer leg while the machine was being raised with the hydraulic control. The hydraulic hose blew and the machine fell. EE's finger got pinched between the stabilizer leg and the main frame. It was amputated between the 1st and 2nd joint of the left middle finger.

March 29, 2007 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Gold Resources L L C · Fall from machine

Employee was exiting a 400 Komatsu by walking off front track. He stepped off track with one leg onto the ground. The weight of his body was not supported, causing his leg to bend backward and him to fall.

January 12, 2007 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Gold Resources L L C · Over-exertion (Not Elsewhere Classified)

Employee was lifting two 5 gallon buckets of oil by himself causing a strain to his stomach muscles. He had previously had surgery removing a hernia. The strain caused him to tear the hernia patch. He finished shift and did not go to the doctor until 1/18/07.

2003 · 1 incident

2002 · 1 incident

March 21, 2002 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
United Coals Inc · Fall from machine

STEPPED OFF LOADER, FELL & BROKE LEG.

2001 · 1 incident

November 3, 2001 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
United Coals Inc · Fall from machine

SLIPPED & FELL OFF ROCK TRUCK.

2000 · 1 incident

December 27, 2000 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
United Coals Inc · Fall from machine

SLIPPED OFF THE PUSH ARM OF DOZER AND HIT BACK ON DOZER. DUE TO VACATION EMPLOYEE MISSED 1 DAY OF WORK.

1995 · 2 incidents

October 24, 1995 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
United Coals Inc · Fall onto or against objects

EE WAS PULLING ON 3/4" DRIVE RATCHET. THE BOLT CAME LOOSE AND EE FELL BACKWARDS INTO THE ROLLER FRAME ON THE D9.

August 23, 1995 WV · Coal outside foreman, leadman SLIP OR FALL OF PERSON
United Coals Inc · Fall to the walkway or working surface

THE COMPANY WAS PICKING UP OIL DRUMS WITH THE 235 WHEN THE CHAIN SLIPPED CAUSING EMPLOYEE TO FALL AND CUT HIS THUMB.

1991 · 1 incident

August 5, 1991 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
United Coals Inc · Struck by... (Not Elsewhere Classified)

EMPL WAS MOUNTING REAR BELLY PAN ON D11 DOZER.IT WAS HELD BY THREE POWER PULLERS. EMPL WAS ALIGNING BOLT HOLES WITH BAR. ONE OF POWER PULLERS BROKE FORCING BAR TO PENETRATE ARM FORCING BAR CO MPLETELY THROUGH ARM.