Mining Incidents

SHM #53 Miner: 104 MSHA citations Coal

Controlled by Metinvest B V
Mill Creek, Raleigh County, WV  ·  NonProducing
MSHA Mine ID: 4407327

SHM #53 Miner has $57K in proposed MSHA penalties and $996 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2015–2018
Latest incident
Jan 2018
Compliance record
MSHA citations since 2015
104
citations
45
significant & substantial
$56,898
proposed penalties
$43,327
paid to date
76% of proposed penalties paid to date, a $13,571 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2014
53
inspections on record
1,409
inspection hours
7.4
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.
104 citations across 1,409 inspection hours.
Source: MSHA inspections data, updated weekly.

SHM #53 Miner has $57K in proposed MSHA penalties and $996 outstanding across 3 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.
$57K
proposed penalties
$44K
current assessed
$43K
paid to date
$996
outstanding
103 assessments are final orders; 3 contested dockets.
Of $25K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2025-04-08.
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.
43.7%
significant & substantial
12.6%
high negligence or reckless
43.7%
reasonably likely or greater
13.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 14.6% low, 72.8% moderate, 12.6% 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.
8 citations taken to the federal commission · 8% of citations on record
  • Settled 8 · 100%
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 7 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$25K proposed, $12K 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 2017-03-15.
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
VA 2017-0046 Settlement Steele 2017 $12K → $3K
VA 2017-0126 Settlement Lewis 2018 $12K → $8K
VA 2016-0213 Settlement Steele 2017 $1K → $904
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at SHM #53 Miner shows 100% of 77 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: 2025-04-08
100%
within 1.5 mg/m3
77
samples
0.90
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.
77 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • AUGER OPERATOR17
  • HIGHLIFT OPERATOR/FRONT END LOADER16
  • FORKLIFT OPERATOR15

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: 2025-01-14
3%
over PEL
68
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER14
  • AUGER OPERATOR12
  • FORKLIFT OPERATOR12
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
2025 100% 8
2024 100% 2
2022 100% 9
2021 100% 8
2019 100% 14
2018 100% 9
2017 100% 9
2016 100% 5
2015 100% 13
Noise by year
Year over PEL samples
2025 0% 5
2022 29% 7
2021 0% 4
2019 0% 10
2018 0% 9
2017 0% 9
2016 0% 5
2015 0% 19
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

SHM #53 Miner recorded 0.00 reportable injury cases per 100 full-time workers in 2024.

Injury rate, 2024
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 3.16 and the all-US-mining average was 2.08 cases per 100 workers.
In West Virginia, coal mining averaged 3.51 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
2024 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2017 * 0.00 0.00 0.000
2016 * 5.77 5.77 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. Omega Highwall Mining Services, LLC 2014 to 2018
  2. Surface Minerals Company 2018 to 2021
  3. Civil, LLC 2021 to 2022
  4. Pocahontas Coal Company, LLC 2022 to 2022
  5. Carter Roag Coal Company 2022 to 2024
  6. Pocahontas Coal Company 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 0
2025 7 76,481
2024 17 111,676
2023 6 38,365
2022 4 42,174
2021 3 64,757
2020 1 22,872
2019 14 162,048
2018 13 130,313
2017 16 174,353
2016 13 163,167
2015 9 186,621
Source: MSHA quarterly employment and production, updated weekly.

SHM #53 Miner sits in Raleigh County, West Virginia, where the Census mining category is 4.0% 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.
Raleigh County, West Virginia · Population 73,666
4.0%
Mining share of county employment
$52,055
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 0 0 0
2026 Q1 0 0 0
2025 Q4 0 0 0
2025 Q3 7,777 0 0 0.0
2025 Q2 3,919 5 1 1275.8
2025 Q1 3,750 0 0 0.0
2024 Q4 10,234 0 0 0.0
2024 Q3 15,372 0 0 0.0
Show 36 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 9,012 0 0 0.0
2024 Q1 0 0 0
2023 Q3 0 0 0
2023 Q2 4,059 0 0 0.0
2023 Q1 5,196 0 0 0.0
2022 Q4 3,763 3 0 797.2
2022 Q3 3,359 1 0 297.7
2022 Q2 0 0 0
2022 Q1 0 0 0
2021 Q4 4,136 0 0 0.0
2021 Q3 3,261 0 0 0.0
2021 Q2 1,048 4 3 3816.8
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 4,500 0 0 0.0
2019 Q4 13,565 0 0 0.0
2019 Q3 10,906 0 0 0.0
2019 Q2 10,241 1 0 97.6
2019 Q1 10,327 4 2 387.3
2018 Q4 10,575 0 0 0.0
2018 Q3 8,517 1 0 117.4
2018 Q1 13,574 6 3 442.0
2017 Q4 12,537 1 0 79.8
2017 Q3 12,928 5 0 386.8
2017 Q2 10,481 0 0 0.0
2017 Q1 12,641 8 3 632.9
2016 Q4 8,394 7 1 833.9
2016 Q3 10,528 6 2 569.9
2016 Q2 9,364 25 8 2669.8
2016 Q1 6,383 0 0 0.0
2015 Q4 7,013 10 10 1425.9
2015 Q3 4,412 0 0 0.0
2015 Q2 4,948 10 7 2021.0
2015 Q1 2,882 6 5 2081.9
No fatalities recorded at this mine.

Reportable incidents

5 on file

2018 · 1 incident

January 28, 2018 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman IGNITION OR EXPLOSION OF GAS OR DUST
Omega Highwall Mining Services, LLC · Contact with hot objects or substances

Employee was cleaning an area around #1 dodge coupling with starting fluid. Mechanic was cutting lid off with a torch. Fumes ignited and blew back on employees right hand and right side of face.

2016 · 1 incident

June 13, 2016 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Omega Highwall Mining Services, LLC · Fall to the walkway or working surface

Employee was using a slate bar to pry a pin out of the right angle on the highwall miner. The bar kicked back bowing up employee's arms and throwing employee backwards. Fractured left elbow.

2015 · 3 incidents

November 12, 2015 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Omega Highwall Mining Services, LLC · Struck by flying object

While in the process of tramming the Highwall Miner to a new pit, the track popped and a piece of metal flew off striking employee on the left wrist.

June 27, 2015 WV · Coal auger operator, auger crew supervisor MACHINERY
Omega Highwall Mining Services, LLC · Struck by flying object

Employee was standing nearby watching another employee put in a bit ring (insert) when a piece of metal sheared off striking employee in the left leg