Mining Incidents

Tams No.1 Surface Mine: 389 MSHA citations Coal

Controlled by James C Justice III
Tams, Raleigh County, WV  ·  Active
MSHA Mine ID: 4608716

Tams No.1 Surface Mine has $195K in proposed MSHA penalties and $20K outstanding across 30 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
18
Years on record
1999–2025
Latest incident
Jun 2025
Compliance record
MSHA citations since 2000
389
citations
123
significant & substantial
$195,150
proposed penalties
$127,391
paid to date
65% of proposed penalties paid to date, a $67,759 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
95
inspections on record
3,169
inspection hours
12.3
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.
389 citations across 3,169 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
2
Section 107(a) orders
Most recent order: 2011-06-01.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

Tams No.1 Surface Mine has $195K in proposed MSHA penalties and $20K outstanding across 30 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.
$195K
proposed penalties
$147K
current assessed
$127K
paid to date
$20K
outstanding
360 assessments are final orders; 30 contested dockets.
Of $153K in penalties contested before the Commission, $95K was upheld in final decisions.
As of the most recent assessment on 2025-07-29.
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.
34.0%
significant & substantial
9.7%
high negligence or reckless
33.3%
reasonably likely or greater
28.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.6% low, 74.7% moderate, 9.7% 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.
213 citations taken to the federal commission · 55% of citations on record
  • Settled 195 · 92%
  • Stood as issued 16 · 8%
  • Vacated or withdrawn 2 · 1%
80%
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 76 decided S&S contests · industry: 79%
38%
Penalty reduction in decided contests
$153K proposed, $95K 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 2025-02-13.
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 2016-0270 Settlement Rae 2017 $30K → $21K
WEVA 2013-1293 Settlement McCarthy 2014 $19K → $5K
WEVA 2017-0495 Settlement Rae 2017 $15K → $11K
WEVA 2017-0552 Settlement Rae 2018 $13K → $9K
WEVA 2016-0557 Settlement Rae 2017 $9K → $6K
WEVA 2013-963 Settlement McCarthy 2014 $7K → $5K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Tams No.1 Surface Mine shows 99% of 119 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: 2025-09-18
99%
within 1.5 mg/m3
119
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.
96 samples taken by MSHA inspectors, 23 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR32
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE31
  • BULLDOZER OPERATOR29

Silica (quartz)

Last sampled: 2025-08-28
17.9
silica avg (%)
12
samples
38.1
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • HIGHWALL DRILL OPERATOR5
  • HIGHLIFT OPERATOR/FRONT END LOADER1

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: 2025-03-20
3%
over PEL
36
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE14
  • BULLDOZER OPERATOR8
  • HIGHLIFT OPERATOR/FRONT END LOADER6
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% 14
2017 100% 7
2016 100% 7
2015 100% 18
2014 100% 5
2013 100% 17
2012 100% 5
2011 100% 15
2004 100% 6
2001 100% 16
2000 89% 9
Silica (quartz) by year
Year silica avg (%) samples
2025 16.4 3
2016 18.7 3
2015 9.9 2
2014 38.1 1
2013 17.9 1
2004 22.3 1
2000 10.5 1
Noise by year
Year over PEL samples
2025 0% 2
2016 0% 5
2015 0% 5
2014 0% 4
2013 0% 3
2012 0% 4
2011 0% 5
2000 13% 8
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Tams No.1 Surface Mine recorded 3.19 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.
3.19
total case rate
0.00
days-away rate
0.000
fatality rate
About 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 * 3.19 0.00 0.000
2017 * 10.00 5.00 0.000
2016 * 0.00 0.00 0.000
2015 4.16 2.78 0.000
2014 * 0.00 0.00 0.000
2013 3.00 3.00 0.000
2012 * 0.00 0.00 0.000
2011 * 2.33 2.33 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. Triple B Leasing Corp 1998 to 2001
  2. Bluestone Coal Corporation 2001 to 2010
  3. Tams Management, Inc. 2010 to 2011
  4. Kentucky Fuel Corporation 2011 to 2012
  5. Tams Management, Inc 2012 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 18 9,454
2025 33 33,315
2024 24 3,077
2023 0
2022 0
2021 0
2020 0
2019 1
2018 2
2017 36 101,359
2016 35 58,668
2015 70 174,366
2014 18 60,856
2013 60 290,422
2012 42 136,556
2011 38 61,479
2010 40 46,285
2005 2
2004 7 91,508
2003 2 3,800
2002 10 31,385
2001 10 40,089
2000 16 46,790
Source: MSHA quarterly employment and production, updated weekly.

Tams No.1 Surface Mine 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 5,316 0 0 0.0
2026 Q1 10,462 0 0 0.0
2025 Q4 6,617 0 0 0.0
2025 Q3 21,798 6 1 275.3
2025 Q2 13,977 7 2 500.8
2025 Q1 20,254 2 0 98.7
2024 Q4 8,799 18 4 2045.7
2023 Q4 0 0 0
Show 61 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q3 0 0 0
2022 Q4 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
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q2 386 0 0 0.0
2018 Q4 0 0 0
2018 Q3 240 0 0 0.0
2018 Q1 2,180 0 0 0.0
2017 Q4 3,160 0 0 0.0
2017 Q3 20,196 1 0 49.5
2017 Q2 33,628 26 6 773.2
2017 Q1 23,021 0 0 0.0
2016 Q4 42,973 29 5 674.8
2016 Q3 1,266 17 6 13428.1
2016 Q2 890 0 0 0.0
2016 Q1 13,218 45 17 3404.4
2015 Q4 42,614 15 2 352.0
2015 Q3 38,673 13 5 336.2
2015 Q2 45,209 6 0 132.7
2015 Q1 17,638 0 0 0.0
2014 Q4 2,359 0 0 0.0
2014 Q3 1,879 0 0 0.0
2014 Q2 4,969 3 1 603.7
2014 Q1 32,728 0 0 0.0
2013 Q4 28,153 11 5 390.7
2013 Q3 25,461 1 0 39.3
2013 Q2 40,257 2 0 49.7
2013 Q1 39,270 18 9 458.4
2012 Q4 22,295 8 0 358.8
2012 Q3 20,396 0 0 0.0
2012 Q2 28,679 13 4 453.3
2012 Q1 26,863 0 0 0.0
2011 Q4 18,217 3 1 164.7
2011 Q3 18,134 2 0 110.3
2011 Q2 25,546 43 7 1683.2
2011 Q1 23,906 3 0 125.5
2010 Q4 23,771 2 1 84.1
2010 Q3 620 0 0 0.0
2005 Q2 0 0 0
2005 Q1 1,200 0 0 0.0
2004 Q4 8,450 0 0 0.0
2004 Q3 7,606 11 9 1446.2
2004 Q2 2,512 0 0 0.0
2004 Q1 1,653 2 2 1209.9
2003 Q4 1,353 3 0 2217.3
2003 Q3 0 0 0
2002 Q2 0 0 0
2002 Q1 8,937 0 0 0.0
2001 Q4 9,285 3 3 323.1
2001 Q3 1,123 0 0 0.0
2001 Q2 0 0 0
2001 Q1 1,842 3 2 1628.7
2000 Q4 7,200 10 8 1388.9
2000 Q3 3,445 5 2 1451.4
2000 Q2 6,831 1 0 146.4
2000 Q1 9,556 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

18 on file

2025 · 1 incident

June 5, 2025 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver DISORDERS (PHYSICAL AGENTS)
Tams Management, Inc · Contact with heat

Employee was found unconscious setting in their Rock Truck.

2017 · 7 incidents

June 27, 2017 WV · Coal welder (shop) HANDLING OF MATERIALS
Tams Management, Inc · Caught in, under or between a moving and a stationary object

Setting center pin in place, EE's fingers were underneath the head pin. When pin slid into the bore the EE's fingers got smashed between the head of the pin & bore.

February 7, 2017 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Tams Management, Inc · Struck by flying object

EE was removing bearing on 44 drive shaft. Stinking bearing with hammer small metallic piece broke and struck ee abdomen.

January 25, 2017 WV · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Tams Management, Inc · Contact with hot objects or substances

Employee was checking antifreeze level and was burned when removing the radiator cap.

January 22, 2017 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Tams Management, Inc · Over-exertion (Not Elsewhere Classified)

Climbing step ladder to put a fill hose into the hydraulic tank of a Caterpillar 789 dump truck when the ladder broke, employee grabbed the fill nozzle with right hand hurting right shoulder

January 13, 2017 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Tams Management, Inc · Struck by... (Not Elsewhere Classified)

Shocks on rear engine hood were broke, lube driver lifted hood while EE picked up crib block to rest hood on. Hood slipped out of lube drivers hand striking EE on the right shoulder knocking down causing a contusion.

January 10, 2017 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Tams Management, Inc · Over-exertion (Not Elsewhere Classified)

Employee alleges slipping and almost falling on snow and ice covered ground at bulk tanks.

January 2, 2017 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Tams Management, Inc · Over-exertion (Not Elsewhere Classified)

Employee allegedly twisted ankle when dismounting a Rock Truck on 1/2/2017 but did not miss any time, work modified duty, or receive any medical treatment until 1/21/2017.

2015 · 3 incidents

November 24, 2015 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Tams Management, Inc · Struck against a moving object

Operator alleges he was jarred in truck while being loaded

September 29, 2015 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Tams Management, Inc · Fall onto or against objects

Went to shut door and slipped on track and fell

September 28, 2015 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Tams Management, Inc · Fall from machine

Employee slipped getting off of dozer and hit ribs

2013 · 3 incidents

October 9, 2013 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Tams Management, Inc · Struck against a moving object

Flipped Water Truck into water sump on hill grade.

June 5, 2013 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Tams Management, Inc · Struck against a moving object

Truck was loaded with dirt and rock, leaving the pit area and came through a swag in the road. Rock shifted to left tail shoot causing the bed to rise and throwing the front end of the truck up. Truck bounced on tires and box slammed down shattering passenger side window.

April 29, 2013 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Tams Management, Inc · Over-exertion in pulling or pushing objects

Pulling chain wrench from under dash in cab of drill and strained muscle in middle of back area.

2011 · 1 incident

March 26, 2011 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Tams Management, Inc. · Caught in, under or between running or meshing objects

Employee's hand was caught in conveyor belt.

2003 · 1 incident

October 3, 2003 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Bluestone Coal Corporation · Struck against a moving object

EMPLOYEE WAS OPERATING A DOZER TO RECLAIM AN EXISTING HIGHWALL. WHILE PUSHING DIRT OVER RELAIM AREA, THE DOZER TURNED SIDEWAYS AND ROLLED OVER HILL. EMPLOYEE WAS WEARING SEATBELT.

2002 · 1 incident

January 10, 2002 WV · Coal truck driver POWERED HAULAGE
Bluestone Coal Corporation · Struck against a moving object

EMPLOYEE WAS OPERATING A ROCK TRUCK WHEN HE HIT A ROCK AND WAS "BOUNCED" IN THE TRUCK. EMPLOYEE STATED THAT HE STRAINED HIS NECK.

1999 · 1 incident

August 16, 1999 WV · Coal MACHINERY
Triple B Leasing Corp · Accident type, without injuries

DOZER WAS CLEARING BRUSH AND TREE STUMPS FOR A DRILL BENCH AND THE OPERATOR BACKED UP ON A TREE STUMP AND TURNED OVER.