Mining Incidents

Shane No 10: 106 MSHA citations Coal

Shane Coal Company · Underground
Controlled by Edward A Asbury
Gary, Mcdowell County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609236

Shane No 10 has $38K in proposed MSHA penalties and $0 outstanding across 12 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2008–2009
Latest incident
Jan 2009
Compliance record
MSHA citations since 2008
106
citations
48
significant & substantial
$37,906
proposed penalties
$27,954
paid to date
74% of proposed penalties paid to date, a $9,952 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
20
inspections on record
724
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: 724 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Shane No 10 has $38K in proposed MSHA penalties and $0 outstanding across 12 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.
$38K
proposed penalties
$28K
current assessed
$28K
paid to date
$0
outstanding
103 assessments are final orders; 12 contested dockets.
Of $31K in penalties contested before the Commission, $21K was upheld in final decisions.
As of the most recent assessment on 2010-05-06.
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.
46.6%
significant & substantial
1.0%
high negligence or reckless
48.5%
reasonably likely or greater
47.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.5% low, 83.5% moderate, 1.0% 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.
49 citations taken to the federal commission · 46% of citations on record
  • Settled 47 · 96%
  • Stood as issued 2 · 4%
86%
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 36 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$31K proposed, $21K 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 2010-06-30.
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 2010-1006 Settlement Gill 2012 $9K → $7K
WEVA 2009-1491 Settlement Gill 2011 $6K → $6K
WEVA 2009-1490 Settlement Gill 2011 $3K → $1K
WEVA 2010-246 Dismissal Melick 2011 $2K → $2K
WEVA 2009-916 Settlement 2010 $2K → $500
WEVA 2010-9 Settlement Melick 2011 $2K → $660
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Shane No 10 shows 93% of 128 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: 2010-05-11, 16 years ago
93%
within 1.5 mg/m3
128
samples
4.48
dust max (mg/m3)
67 samples taken by MSHA inspectors, 61 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR58
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)15
  • ROOF BOLTER (SINGLE HEAD)8

Silica (quartz)

Last sampled: 2009-08-07, 17 years ago
5.7
silica avg (%)
4
samples
8.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR4

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: 2010-03-02, 16 years ago
0%
over PEL
17
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
  • CONTINUOUS MINER OPERATOR3
  • ROOF BOLTER (SINGLE HEAD)3
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
2010 93% 28
2009 90% 60
2008 98% 40
Silica (quartz) by year
Year silica avg (%) samples
2009 5.9 3
2008 5.0 1
Noise by year
Year over PEL samples
2010 0% 3
2008 0% 14
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Shane No 10 recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 * 0.00 0.00 0.000
2008 * 23.20 15.47 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. Shane Coal Company 2007 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)
2010 8 13,885
2009 18 27,589
2008 14 53,040
2007 0
Source: MSHA quarterly employment and production, updated weekly.

Shane No 10 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
2010 Q4 0 0 0
2010 Q3 940 0 0 0.0
2010 Q2 7,168 7 3 976.6
2010 Q1 8,170 18 9 2203.2
2009 Q4 3,582 2 0 558.3
2009 Q3 4,467 10 3 2238.6
2009 Q2 10,885 10 3 918.7
2009 Q1 6,254 30 13 4796.9
Show 5 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q4 13,584 20 11 1472.3
2008 Q3 8,381 7 5 835.2
2008 Q2 3,898 2 1 513.1
2008 Q1 0 0 0
2007 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2009 · 1 incident

January 10, 2009 WV · Coal FALL OF ROOF OR BACK
Shane Coal Company · Accident type, without injuries

A roof fall measuring approx. 17'x50;x20+' occurred 1 x-cut inby spad No. 121. The fall area was dangered off and the area abandoned. The fal will not be clean up.

2008 · 3 incidents

August 6, 2008 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Shane Coal Company · Caught in, under or between a moving and a stationary object

EE accidentally swung head of roof bolter to close to himself, pinning his right arm between head of machine and rib.

August 1, 2008 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Shane Coal Company · Caught in, under or between a moving and a stationary object

Man trip mistakenly was in forward direction instead of reverse. Man injured had back turned to man trip, operator of mantrip trammed forward and rolled into injured person, trapping him against pin machine.

July 17, 2008 WV · Coal electrician, lineman HANDLING OF MATERIALS
Shane Coal Company · Struck by... (Not Elsewhere Classified)

Shuttle car canopy was being removed because mine conditions had changed. The canopy accidently pivoted and rolled against his back.