Mining Incidents

SHM-44: 126 MSHA citations Coal

Wharton, Boone County, WV  ·  Active
MSHA Mine ID: 1518978

SHM-44 has $85K in proposed MSHA penalties and $28K outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2006–2019
Latest incident
Jun 2019
Compliance record
MSHA citations since 2006
126
citations
44
significant & substantial
$84,881
proposed penalties
$28,166
paid to date
33% of proposed penalties paid to date, a $56,715 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
61
inspections on record
1,636
inspection hours
7.7
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.
126 citations across 1,636 inspection hours.
Source: MSHA inspections data, updated weekly.

SHM-44 has $85K in proposed MSHA penalties and $28K outstanding across 6 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.
$85K
proposed penalties
$57K
current assessed
$28K
paid to date
$28K
outstanding
125 assessments are final orders; 6 contested dockets.
Of $51K in penalties contested before the Commission, $22K was upheld in final decisions.
As of the most recent assessment on 2026-05-14.
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.
35.2%
significant & substantial
5.6%
high negligence or reckless
35.2%
reasonably likely or greater
16.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.6% low, 80.8% moderate, 5.6% 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.
12 citations taken to the federal commission · 10% of citations on record
  • Settled 12 · 100%
91%
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 11 decided S&S contests · industry: 79%
56%
Penalty reduction in decided contests
$51K proposed, $22K 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 2018-06-14.
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
KENT 2008-1334 Settlement Lesnick 2009 $27K → $7K
KENT 2011-1522 Settlement Moran 2013 $10K → $5K
KENT 2012-1504 Settlement Moran 2013 $8K → $5K
KENT 2012-561 Settlement Moran 2013 $4K → $3K
WEVA 2018-0520 Settlement Feldman 2018 $2K → $2K
KENT 2012-1549 Settlement Lesnick 2013 $190 → $190
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at SHM-44 shows 99% of 150 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: 2026-06-09
99%
within 1.5 mg/m3
150
samples
1.58
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.
126 samples taken by MSHA inspectors, 24 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER32
  • FORKLIFT OPERATOR31
  • GROUNDMAN23

Silica (quartz)

Last sampled: 2017-09-05, 8 years ago
9.5
silica avg (%)
3
samples
11.7
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: 2025-08-21
7%
over PEL
107
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER32
  • AUGER OPERATOR23
  • GROUNDMAN13
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
2026 100% 10
2025 100% 9
2023 100% 7
2020 100% 5
2019 100% 12
2018 100% 7
2017 100% 9
2016 100% 5
2013 100% 17
2012 100% 15
2011 100% 12
2010 100% 7
2009 100% 7
2008 89% 9
2007 100% 14
2006 100% 5
Silica (quartz) by year
Year silica avg (%) samples
2017 8.4 2
2010 11.7 1
Noise by year
Year over PEL samples
2025 0% 5
2023 0% 3
2020 0% 5
2019 0% 8
2018 0% 3
2017 0% 5
2016 0% 5
2013 0% 7
2012 0% 8
2011 6% 16
2010 25% 12
2009 14% 7
2008 25% 4
2007 7% 14
2006 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

SHM-44 recorded 0.00 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In West Virginia, coal mining averaged 3.89 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
2025 * 0.00 0.00 0.000
2019 * 5.08 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 6.49 0.00 0.000
2009 * 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. James River Coal Service Company 2006 to 2014
  2. Blue Diamond Mining, LLC 2014 to 2016
  3. Panther Creek Mining, LLC 2016 to 2017
  4. Rockwell Mining LLC 2017 to 2021
  5. Panther Creek Mining LLC 2021 to 2024
  6. Rockwell Mining, LLC 2024 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)
2026 17 77,265
2025 13 123,154
2024 3 23,310
2023 11 18,277
2022 4
2021 5 22,734
2020 3 1,565
2019 10 85,543
2018 8 106,826
2017 7 73,606
2016 5
2015 0
2014 1
2013 10 164,140
2012 14 131,590
2011 12 149,132
2010 11 191,961
2009 11 170,771
2008 11 212,688
2007 10 230,269
2006 10 208,019
Source: MSHA quarterly employment and production, updated weekly.

SHM-44 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
2026 Q2 11,551 4 0 346.3
2026 Q1 11,597 0 0 0.0
2025 Q4 8,343 0 0 0.0
2025 Q3 8,781 0 0 0.0
2025 Q2 9,097 0 0 0.0
2025 Q1 6,052 0 0 0.0
2024 Q4 6,068 0 0 0.0
2024 Q3 0 0 0
Show 71 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 0 0 0
2024 Q1 0 0 0
2023 Q4 432 0 0 0.0
2023 Q3 1,152 1 0 868.1
2023 Q2 3,672 0 0 0.0
2023 Q1 1,728 0 0 0.0
2022 Q4 1,999 0 0 0.0
2022 Q3 2,368 0 0 0.0
2022 Q1 2,043 0 0 0.0
2021 Q4 1,792 0 0 0.0
2021 Q3 3,616 7 0 1935.8
2021 Q2 3,643 0 0 0.0
2021 Q1 1,768 0 0 0.0
2020 Q4 2,133 5 0 2344.1
2020 Q3 1,476 0 0 0.0
2020 Q2 1,523 0 0 0.0
2020 Q1 3,168 0 0 0.0
2019 Q4 7,224 3 0 415.3
2019 Q3 12,713 0 0 0.0
2019 Q2 12,510 0 0 0.0
2019 Q1 6,934 3 0 432.7
2018 Q4 5,802 0 0 0.0
2018 Q3 5,431 3 0 552.4
2018 Q2 3,762 0 0 0.0
2018 Q1 3,143 2 0 636.3
2017 Q4 2,960 1 1 337.8
2017 Q3 5,189 0 0 0.0
2017 Q2 0 0 0
2017 Q1 3,741 0 0 0.0
2016 Q4 0 0 0
2016 Q3 510 0 0 0.0
2016 Q2 718 0 0 0.0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 1,207 0 0 0.0
2014 Q1 1,076 0 0 0.0
2013 Q4 3,419 1 0 292.5
2013 Q3 6,195 1 0 161.4
2013 Q2 6,881 9 0 1307.9
2013 Q1 7,007 2 0 285.4
2012 Q4 4,403 0 0 0.0
2012 Q3 10,064 0 0 0.0
2012 Q2 8,670 9 4 1038.1
2012 Q1 7,964 0 0 0.0
2011 Q4 9,600 9 3 937.5
2011 Q3 8,342 1 0 119.9
2011 Q2 8,984 8 4 890.5
2011 Q1 7,398 0 0 0.0
2010 Q4 6,891 5 3 725.6
2010 Q3 6,999 0 0 0.0
2010 Q2 8,378 1 0 119.4
2010 Q1 8,571 2 0 233.3
2009 Q4 7,650 4 1 522.9
2009 Q3 8,071 0 0 0.0
2009 Q2 7,568 0 0 0.0
2009 Q1 8,460 0 0 0.0
2008 Q4 8,545 1 0 117.0
2008 Q3 8,691 0 0 0.0
2008 Q2 7,264 1 0 137.7
2008 Q1 8,791 0 0 0.0
2007 Q4 8,037 8 4 995.4
2007 Q3 7,010 5 4 713.3
2007 Q2 8,094 1 1 123.5
2007 Q1 7,177 0 0 0.0
2006 Q4 7,012 0 0 0.0
2006 Q3 7,189 1 0 139.1
2006 Q2 7,036 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2019 · 1 incident

June 21, 2019 WV · Coal driller, highwall operator, highwall drill operator HANDTOOLS (NONPOWERED)
Rockwell Mining LLC · Struck by... (Not Elsewhere Classified)

Striking punch with hammer. Missed punch and struck left thumb. Received stitches on left thumb.

2018 · 1 incident

November 2, 2018 WV · Coal groundman, yardman HANDLING OF MATERIALS
Rockwell Mining LLC · Caught in, under or between a moving and a stationary object

Employee stated was removing a pin out of a cutter chain. As it was beat out the employee caught the pin and mashed right index finger between pin and shear arm. Employee received 3 stitches.

2010 · 1 incident

August 25, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
James River Coal Service Company · Struck by flying object

Employee was hitting a sprocket with a sledge hammer, when a small piece of metal hit his right upper arm, resulting in one stich.

2007 · 1 incident

April 13, 2007 WV · Coal electrician, lineman HANDTOOLS (NONPOWERED)
James River Coal Service Company · Struck by... (Not Elsewhere Classified)

While changing a PTM cradle location, a pry bar was used to keep the cradle from moving. When they leveled the highwall miner, the bar dislodged and struck EE in the back - As a result, he was diagnosed as having a cracked rib.

2006 · 1 incident

September 29, 2006 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
James River Coal Service Company · Struck by... (Not Elsewhere Classified)

Driving a pin into a cutter chain when a piece of the pin shattered and lodged in his abdomen.