Mining Incidents

SHM-35: 87 MSHA citations Coal

Rockwell Mining LLC · Surface
Wharton, Boone County, WV  ·  Temporarily Idled
MSHA Mine ID: 1518819

SHM-35 has $15K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at SHM-35.

Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2005
87
citations
28
significant & substantial
$14,797
proposed penalties
$14,145
paid to date
96% of proposed penalties paid to date, a $652 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
60
inspections on record
1,473
inspection hours
5.9
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.
87 citations across 1,473 inspection hours.
Source: MSHA inspections data, updated weekly.

SHM-35 has $15K in proposed MSHA penalties and $0 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.
$15K
proposed penalties
$14K
current assessed
$14K
paid to date
$0
outstanding
86 assessments are final orders; 4 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2020-03-05.
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.
32.6%
significant & substantial
1.2%
high negligence or reckless
32.6%
reasonably likely or greater
10.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 9.3% low, 89.5% moderate, 1.2% 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.
7 citations taken to the federal commission · 8% of citations on record
  • Settled 7 · 100%
100%
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 5 decided S&S contests · industry: 79%
17%
Penalty reduction in decided contests
$4K proposed, $3K 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 2018-04-16.
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 2018-0412 Settlement Feldman 2018 $1K → $1K
KENT 2014-45 Settlement Simonton 2014 $1K → $952
KENT 2014-0488 Settlement Simonton 2014 $687 → $481
KENT 2016-0024 Settlement Lesnick 2016 $640 → $478
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at SHM-35 shows 100% of 100 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: 2020-03-05, 6 years ago
100%
within 1.5 mg/m3
100
samples
0.87
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.
100 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER24
  • GROUNDMAN23
  • AUGER OPERATOR22

Silica (quartz)

Last sampled: 2016-10-25, 9 years ago
3.2
silica avg (%)
3
samples
6.1
silica max (%)
Most-sampled occupations
  • GROUNDMAN3

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: 2020-03-05, 6 years ago
4%
over PEL
92
samples
Most-sampled occupations
  • GROUNDMAN20
  • HIGHLIFT OPERATOR/FRONT END LOADER20
  • AUGER OPERATOR17
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
2020 100% 5
2019 100% 5
2018 100% 5
2017 100% 8
2016 100% 8
2015 100% 7
2014 100% 11
2013 100% 4
2012 100% 3
2011 100% 8
2010 100% 4
2009 100% 4
2008 100% 9
2007 100% 5
2006 100% 11
2005 100% 3
Silica (quartz) by year
Year silica avg (%) samples
2016 1.1 1
2014 2.3 1
2008 6.1 1
Noise by year
Year over PEL samples
2020 0% 5
2019 0% 5
2018 0% 13
2017 0% 4
2016 0% 8
2015 14% 7
2014 0% 12
2013 0% 4
2011 13% 8
2010 25% 4
2009 0% 4
2008 0% 6
2006 11% 9
2005 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

SHM-35 recorded 0.00 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In West Virginia, coal mining averaged 4.45 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
2011 * 0.00 0.00 0.000
2008 * 0.00 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. Contract Highwall Mining LLC 2004 to 2017
  2. Hampden Coal LLC 2017 to 2017
  3. Rockwell Mining LLC 2017 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)
2025 4 34,988
2024 0
2023 0
2022 0
2021 0
2020 0
2019 0
2018 7 55,736
2017 8 84,903
2016 12 113,473
2015 5 68,840
2014 6 58,650
2013 6 59,172
2012 11 236,231
2011 8 217,926
2010 6 84,372
2009 9 145,041
2008 9 165,911
2007 9 207,027
2006 8 197,538
2005 7 152,078
2004 0
Source: MSHA quarterly employment and production, updated weekly.

SHM-35 sits in Boone County, West Virginia, where the Census mining category is 10.1% 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.
Boone County, West Virginia · Population 21,312
10.1%
Mining share of county employment
$56,152
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
2025 Q3 8,781 0 0 0.0
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q2 0 0 0
2024 Q1 0 0 0
2023 Q4 0 0 0
2023 Q3 0 0 0
Show 75 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 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 4 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 2,716 0 0 0.0
2018 Q3 4,070 0 0 0.0
2018 Q2 5,136 3 0 584.1
2018 Q1 4,942 3 1 607.0
2017 Q4 3,184 0 0 0.0
2017 Q3 5,383 4 0 743.1
2017 Q2 4,715 0 0 0.0
2017 Q1 940 2 1 2127.7
2016 Q4 1,537 2 0 1301.2
2016 Q3 4,283 0 0 0.0
2016 Q2 4,504 1 0 222.0
2016 Q1 4,383 0 0 0.0
2015 Q4 4,228 5 0 1182.6
2015 Q3 2,287 0 0 0.0
2015 Q2 4,130 0 0 0.0
2015 Q1 0 0 0
2014 Q4 4,880 6 3 1229.5
2014 Q3 4,950 7 0 1414.1
2014 Q2 0 0 0
2014 Q1 248 1 1 4032.3
2013 Q4 3,140 0 0 0.0
2013 Q3 3,644 4 1 1097.7
2013 Q2 1,187 1 1 842.5
2013 Q1 0 0 0
2012 Q4 3,557 0 0 0.0
2012 Q3 3,479 0 0 0.0
2012 Q2 4,060 3 1 738.9
2012 Q1 6,249 0 0 0.0
2011 Q4 5,561 0 0 0.0
2011 Q3 5,610 0 0 0.0
2011 Q2 5,448 2 1 367.1
2011 Q1 5,080 1 0 196.9
2010 Q4 5,807 0 0 0.0
2010 Q3 4,228 1 0 236.5
2010 Q2 5,395 0 0 0.0
2010 Q1 0 0 0
2009 Q4 2,706 1 1 369.5
2009 Q3 4,928 0 0 0.0
2009 Q2 5,146 0 0 0.0
2009 Q1 4,189 0 0 0.0
2008 Q4 5,719 2 1 349.7
2008 Q3 4,361 3 1 687.9
2008 Q2 4,140 0 0 0.0
2008 Q1 6,216 1 1 160.9
2007 Q4 4,916 0 0 0.0
2007 Q3 5,279 1 0 189.4
2007 Q2 3,820 5 4 1308.9
2007 Q1 5,260 6 2 1140.7
2006 Q4 5,318 3 2 564.1
2006 Q3 5,291 0 0 0.0
2006 Q2 3,970 5 1 1259.4
2006 Q1 4,877 0 0 0.0
2005 Q4 5,295 0 0 0.0
2005 Q3 3,898 0 0 0.0
2005 Q2 3,024 0 0 0.0
2005 Q1 3,449 0 0 0.0
2004 Q4 0 0 0

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.