Mining Incidents

Shaw: 158 MSHA citations Coal

Controlled by J Clifford Forrest III
Windber, PA, Somerset County, PA  ·  Abandoned
MSHA Mine ID: 3602773

Shaw has $45K in proposed MSHA penalties and $109 outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
29
Years on record
1984–2013
Latest incident
Sep 2013
Compliance record
MSHA citations since 2000
158
citations
53
significant & substantial
$44,947
proposed penalties
$41,405
paid to date
92% of proposed penalties paid to date, a $3,542 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
140
inspections on record
3,666
inspection hours
4.3
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.
158 citations across 3,666 inspection hours.
Source: MSHA inspections data, updated weekly.

Shaw has $45K in proposed MSHA penalties and $109 outstanding across 7 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.
$45K
proposed penalties
$42K
current assessed
$41K
paid to date
$109
outstanding
156 assessments are final orders; 7 contested dockets.
Of $13K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2024-07-22.
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.
33.8%
significant & substantial
6.4%
high negligence or reckless
33.8%
reasonably likely or greater
36.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 32.5% low, 61.1% moderate, 6.4% 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.
10 citations taken to the federal commission · 6% of citations on record
  • Settled 9 · 90%
  • Stood as issued 1 · 10%
90%
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 10 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$13K 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 2014-05-28.
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
PENN 2014-87 Dismissal Andrews 2015 $4K → $4K
PENN 2014-0847 Settlement Andrews 2015 $3K → $3K
PENN 2012-403 Settlement Lewis 2013 $2K → $2K
PENN 2012-127 Settlement Lewis 2012 $1K → $586
PENN 2012-208 Settlement Lewis 2012 $873 → $176
PENN 2012-41 Settlement Lewis 2012 $828 → $612
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Shaw shows 100% of 519 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: 2024-03-27
100%
within 1.5 mg/m3
519
samples
3.80
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.
406 samples taken by MSHA inspectors, 113 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR173
  • HIGHLIFT OPERATOR/FRONT END LOADER111
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE91

Silica (quartz)

Last sampled: 2017-12-08, 8 years ago
18.9
silica avg (%)
22
samples
50.0
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR13
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE4
  • HIGHWALL DRILL OPERATOR3

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: 2023-01-30, 3 years ago
10%
over PEL
227
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER65
  • BULLDOZER OPERATOR63
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE35
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
2024 100% 1
2023 100% 12
2022 100% 5
2018 100% 6
2017 100% 9
2016 100% 6
2015 100% 8
2014 100% 22
2013 100% 32
2012 100% 50
2011 100% 26
2010 98% 42
2009 100% 25
2008 100% 11
2007 100% 33
2006 100% 11
2005 100% 36
2004 100% 27
2003 98% 41
2002 100% 31
2001 100% 46
2000 100% 39
Silica (quartz) by year
Year silica avg (%) samples
2017 3.2 2
2014 10.8 1
2010 22.9 2
2009 21.9 1
2007 17.7 2
2005 23.6 3
2004 10.8 2
2003 25.5 4
2002 6.8 2
2001 10.6 1
2000 38.2 2
Noise by year
Year over PEL samples
2023 0% 5
2022 0% 3
2017 0% 5
2016 0% 3
2015 0% 2
2014 0% 6
2013 7% 14
2012 7% 29
2011 50% 2
2010 10% 20
2009 0% 10
2007 9% 22
2006 25% 12
2005 0% 8
2004 0% 3
2003 9% 23
2002 10% 10
2001 6% 18
2000 22% 32
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Shaw recorded 0.00 reportable injury cases per 100 full-time workers in 2014.

Injury rate, 2014
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 3.96 and the all-US-mining average was 2.93 cases per 100 workers.
In Pennsylvania, coal mining averaged 5.34 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
2014 * 0.00 0.00 0.000
2013 * 3.84 3.84 0.000
2012 * 3.01 3.01 0.000
2011 * 0.00 0.00 0.000
2010 * 3.22 0.00 0.000
2009 * 3.62 3.62 0.000
2008 * 7.05 7.05 0.000
2007 * 3.35 3.35 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. Sanner Brothers Coal Company 1950 to 1977
  2. Sanner Coal Company 1977 to 1981
  3. Action Mining, Inc. 1981 to 2011
  4. Rosebud Mining Company 2011 to present
  5. Heritage Coal & Natural Resouces 2016 to 2016
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)
2024 1 5,014
2023 4 37,726
2022 2 29,275
2021 0
2020 0
2019 0
2018 2 48,555
2017 2 20,574
2016 0
2015 9 11,764
2014 21 136,564
2013 25 164,336
2012 29 220,434
2011 29 137,750
2010 28 116,181
2009 27 108,514
2008 25 143,096
2007 25 140,482
2006 25 128,020
2005 24 110,778
2004 29 162,284
2003 24 147,346
2002 26 134,167
2001 30 243,337
2000 30 194,832
Source: MSHA quarterly employment and production, updated weekly.

Shaw sits in Somerset County, Pennsylvania, where the Census mining category is 1.6% 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.
Somerset County, Pennsylvania · Population 73,255
1.6%
Mining share of county employment
$59,378
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
2024 Q4 0 0 0
2024 Q3 0 1 0
2024 Q2 3 0 0 0.0
2024 Q1 202 0 0 0.0
2023 Q4 1,739 0 0 0.0
2023 Q3 1,906 0 0 0.0
2023 Q2 2,502 1 0 399.7
2023 Q1 2,725 3 0 1100.9
Show 91 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2022 Q4 1,798 0 0 0.0
2022 Q3 2,839 1 0 352.2
2022 Q2 376 0 0 0.0
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 102 0 0 0.0
2018 Q2 1,607 4 0 2489.1
2018 Q1 3,172 0 0 0.0
2017 Q4 2,186 5 1 2287.3
2017 Q3 1,078 1 0 927.6
2017 Q2 0 0 0
2017 Q1 485 0 0 0.0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2015 Q4 2,636 0 0 0.0
2015 Q3 3,593 0 0 0.0
2015 Q2 5,395 5 1 926.8
2015 Q1 7,009 0 0 0.0
2014 Q4 7,118 2 0 281.0
2014 Q3 11,121 0 0 0.0
2014 Q2 12,738 4 1 314.0
2014 Q1 12,423 0 0 0.0
2013 Q4 11,441 4 3 349.6
2013 Q3 10,447 1 0 95.7
2013 Q2 14,282 9 4 630.2
2013 Q1 15,865 0 0 0.0
2012 Q4 13,195 3 2 227.4
2012 Q3 14,635 2 1 136.7
2012 Q2 16,702 6 1 359.2
2012 Q1 21,985 11 1 500.3
2011 Q4 23,336 0 0 0.0
2011 Q3 21,429 20 5 933.3
2011 Q2 13,489 0 0 0.0
2011 Q1 13,290 0 0 0.0
2010 Q4 14,300 11 2 769.2
2010 Q3 15,600 0 0 0.0
2010 Q2 17,500 1 1 57.1
2010 Q1 14,760 5 3 338.8
2009 Q4 13,740 0 0 0.0
2009 Q3 15,340 0 0 0.0
2009 Q2 12,720 0 0 0.0
2009 Q1 13,500 0 0 0.0
2008 Q4 13,500 0 0 0.0
2008 Q3 14,580 0 0 0.0
2008 Q2 14,625 0 0 0.0
2008 Q1 14,040 0 0 0.0
2007 Q4 14,625 2 1 136.8
2007 Q3 12,420 0 0 0.0
2007 Q2 15,795 3 1 189.9
2007 Q1 16,900 2 0 118.3
2006 Q4 16,250 0 0 0.0
2006 Q3 15,000 4 0 266.7
2006 Q2 17,550 0 0 0.0
2006 Q1 14,650 0 0 0.0
2005 Q4 13,800 0 0 0.0
2005 Q3 14,400 4 2 277.8
2005 Q2 15,600 0 0 0.0
2005 Q1 15,600 0 0 0.0
2004 Q4 24,000 0 0 0.0
2004 Q3 14,400 0 0 0.0
2004 Q2 16,250 2 2 123.1
2004 Q1 15,990 0 0 0.0
2003 Q4 14,760 0 0 0.0
2003 Q3 13,670 0 0 0.0
2003 Q2 14,160 0 0 0.0
2003 Q1 14,760 6 5 406.5
2002 Q4 13,560 0 0 0.0
2002 Q3 13,560 3 1 221.2
2002 Q2 13,975 0 0 0.0
2002 Q1 14,560 0 0 0.0
2001 Q4 15,624 0 0 0.0
2001 Q3 15,084 2 1 132.6
2001 Q2 15,730 0 0 0.0
2001 Q1 16,900 5 4 295.9
2000 Q4 14,300 0 0 0.0
2000 Q3 15,600 0 0 0.0
2000 Q2 15,730 5 2 317.9
2000 Q1 13,650 3 2 219.8
No fatalities recorded at this mine.

Reportable incidents

29 on file

2013 · 1 incident

September 30, 2013 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Rosebud Mining Company · Fall from machine

Employee was climbing into the D-11 dozer when he slipped. When he reached for the grab handle, he felt pain in his stomach area.

2012 · 1 incident

2010 · 1 incident

October 26, 2010 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
Action Mining, Inc. · (Not Elsewhere Classified)

Hearing loss only.

2009 · 1 incident

December 9, 2009 PA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Action Mining, Inc. · Fall from machine

Getting in loader for shift, slipped and fell.

2008 · 3 incidents

November 17, 2008 PA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Action Mining, Inc. · Over-exertion in pulling or pushing objects

Pulling on wrench - strained back.

May 13, 2008 PA · Coal welder (shop) SLIP OR FALL OF PERSON
Action Mining, Inc. · Fall from scaffolds, walkways, platforms

Employee was welding on drag line bucket. While standing on a cable spool he attempted to step off the spool, fell to the floor and landed on his left arm. He was transported to a local hospital and diagnosed with a broken left wrist.

February 26, 2008 PA · Coal drill operator SLIP OR FALL OF PERSON
Action Mining, Inc. · Over-exertion (Not Elsewhere Classified)

Climbing boom of drill to put in pin. Slipped, caught himself and twisted lower back.

2007 · 1 incident

2005 · 2 incidents

November 11, 2005 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Action Mining, Inc. · Fall from machine

Standing on dozer tracks & fell off.

2003 · 1 incident

2002 · 1 incident

April 12, 2002 PA · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Action Mining, Inc. · Struck by flying object

CABLE BROKE LOOSE AND STRUCK LEGS.

2001 · 2 incidents

1996 · 1 incident

1994 · 2 incidents

July 18, 1994 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Action Mining, Inc. · Over-exertion (Not Elsewhere Classified)

CHECKING OIL IN BULLDOZER SLIPPED ON TANK INJURED KNEE.

February 21, 1994 PA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Action Mining, Inc. · Fall from machine

FIXING DEFROSTER HOSE, TWISTED BACK.

1992 · 2 incidents

January 24, 1992 PA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Action Mining, Inc. · Over-exertion (Not Elsewhere Classified)

SHOVELING COAL SPILLAGE FROM BELTS.

1991 · 2 incidents

October 25, 1991 PA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Action Mining, Inc. · Over-exertion (Not Elsewhere Classified)

EMPLOYEE GETTING ON LOADER, FROST ON STEP, SLIPPED PULLING ELBOW.

1990 · 2 incidents

May 23, 1990 PA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Action Mining, Inc. · Caught in, under or between a moving and a stationary object

PULLING ELEVATOR OUT UPSETTING IT & IT PINNED HIM TO HIGHWALL.

February 3, 1990 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Action Mining, Inc. · Fall to the walkway or working surface

SLIPPED & FELL.

1989 · 2 incidents

February 27, 1989 PA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Action Mining, Inc. · Over-exertion in lifting objects

LIFTING A FIVE GALLON BUCKET OF OIL ONTO MACHINE TURNED WHILE LIFTING STRAINING LOWER BACK

1988 · 3 incidents

December 9, 1988 PA · Coal drill operator HANDLING OF MATERIALS
Action Mining, Inc. · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS HELPING A MECHANIC PT A SHAFT INTO DRAGLINE, JACK SLIPPED, PUSHING CRIBBING BLOCK OUT ONTO EMPLOYEE'S FOOT.

February 8, 1988 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Action Mining, Inc. · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS REMOVING CAB HOLD DOWN BOLTS AND SLIPPED ON FROZEN GROUND.

January 16, 1988 PA · Coal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger HANDTOOLS (NONPOWERED)
Action Mining, Inc. · Struck by flying object

REPLACING BROKEN TRIP CABLE ON DRAGLINE BUCKET USING A SLEDGE HAMMER TO REPLACE A WEDGE-PIECE OF HAMMER BROKE AWAY-LODGED IN RIGHT FOREARM.

1984 · 1 incident

November 15, 1984 PA · Coal welder (shop) SLIP OR FALL OF PERSON
Action Mining, Inc. · Fall from scaffolds, walkways, platforms

PLANK WAS MOVED FROM BEAMS IN ORDER TO PUT MORE DECKING DOWN. THIS MAN WAS ON HIS WAY TO THE GROUND TO CUT MORE STEEL WHEN HE STEPPED ON THE END OF THE PLANK AND FELL 16 FEET TO THE GROUND.