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Wayne County River Terminal: 162 MSHA citations Coal

Argus Energy WV, LLC · Facility
Controlled by James H Booth
Kenova, Wayne County, WV  ·  Temporarily Idled
MSHA Mine ID: 4607547

Wayne County River Terminal has $30K in proposed MSHA penalties and $6K outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
20
Years on record
1988–2013
Latest incident
Dec 2013
Compliance record
MSHA citations since 2000
162
citations
54
significant & substantial
$29,934
proposed penalties
$23,787
paid to date
79% of proposed penalties paid to date, a $6,147 gap.
Source: MSHA violations data, updated weekly.
See Argus Energy WV, LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
59
inspections on record
1,865
inspection hours
8.7
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.
162 citations across 1,865 inspection hours.
Source: MSHA inspections data, updated weekly.

Wayne County River Terminal has $30K in proposed MSHA penalties and $6K 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.
$30K
proposed penalties
$29K
current assessed
$24K
paid to date
$6K
outstanding
160 assessments are final orders; 4 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2014-05-14.
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.
33.5%
significant & substantial
2.5%
high negligence or reckless
33.1%
reasonably likely or greater
13.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 10.0% low, 87.5% moderate, 2.5% 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.
6 citations taken to the federal commission · 4% of citations on record
  • Settled 6 · 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 3 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$2K proposed, $2K 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 2013-12-03.
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 2010-910 Settlement Gill 2012 $1K → $829
WEVA 2012-421 Settlement Paez 2013 $648 → $454
WEVA 2014-225 Settlement Rae 2014 $243 → $194
WEVA 2010-223 Settlement Lesnick 2011 $112 → $112
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Wayne County River Terminal shows 100% of 176 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: 2014-05-20, 12 years ago
100%
within 1.5 mg/m3
176
samples
1.44
dust max (mg/m3)
138 samples taken by MSHA inspectors, 38 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER64
  • CAR DROPPER39
  • BARGE ATTENDANT17

Silica (quartz)

Last sampled: 2005-04-01, 21 years ago
0.1
silica avg (%)
1
samples
0.1
silica max (%)
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER1
See US coal mines ranked by silica in their dust samples.

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: 2014-05-20, 12 years ago
4%
over PEL
67
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER25
  • BARGE ATTENDANT7
  • ELECTRICIAN6
See US mines ranked by noise samples over the legal limit.
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
2014 100% 5
2013 100% 16
2012 100% 5
2011 100% 13
2010 100% 21
2009 100% 15
2008 100% 14
2007 100% 6
2006 100% 16
2005 100% 16
2004 100% 10
2003 100% 10
2002 100% 9
2001 100% 10
2000 100% 10
Noise by year
Year over PEL samples
2014 0% 5
2013 0% 5
2011 0% 10
2010 0% 10
2009 0% 5
2008 0% 5
2006 0% 5
2005 0% 5
2004 100% 3
2003 0% 5
2001 0% 4
2000 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Wayne County River Terminal recorded 0.00 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
ⓘ 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 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In West Virginia, coal mining averaged 4.56 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
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 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. Pen Coal Corp 1988 to 2002
  2. Argus Energy WV, LLC 2002 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 1
2025 1
2024 1
2023 1
2022 1
2021 1
2020 0
2019 0
2018 0
2017 0
2016 0
2015 0
2014 4
2013 21
2012 20
2011 19
2010 17
2009 16
2008 16
2007 16
2006 15
2005 15
2004 13
2003 12
2002 14
2001 25
2000 26
Source: MSHA quarterly employment and production, updated weekly.

Wayne County River Terminal sits in Wayne County, West Virginia, where the Census mining category is 0.7% 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.
Wayne County, West Virginia · Population 38,498
0.7%
Mining share of county employment
$55,539
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 2 0 0 0.0
2026 Q1 2 0 0 0.0
2025 Q4 2 0 0 0.0
2025 Q3 2 0 0 0.0
2025 Q2 16 0 0 0.0
2025 Q1 16 0 0 0.0
2024 Q4 16 0 0 0.0
2024 Q3 16 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 16 0 0 0.0
2024 Q1 16 0 0 0.0
2023 Q4 16 0 0 0.0
2023 Q3 16 0 0 0.0
2023 Q2 16 0 0 0.0
2023 Q1 16 0 0 0.0
2022 Q4 16 0 0 0.0
2022 Q3 16 0 0 0.0
2022 Q2 16 0 0 0.0
2022 Q1 16 0 0 0.0
2021 Q4 16 0 0 0.0
2021 Q3 16 0 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 0 0 0
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 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 252 0 0 0.0
2014 Q2 3,022 1 0 330.9
2014 Q1 4,606 0 0 0.0
2013 Q4 10,281 3 1 291.8
2013 Q3 9,639 1 1 103.7
2013 Q2 9,396 0 0 0.0
2013 Q1 10,518 5 1 475.4
2012 Q4 10,223 0 0 0.0
2012 Q3 10,497 3 0 285.8
2012 Q2 11,150 0 0 0.0
2012 Q1 11,120 0 0 0.0
2011 Q4 11,535 1 0 86.7
2011 Q3 11,794 0 0 0.0
2011 Q2 11,152 3 1 269.0
2011 Q1 10,983 0 0 0.0
2010 Q4 10,681 4 1 374.5
2010 Q3 11,134 0 0 0.0
2010 Q2 10,242 0 0 0.0
2010 Q1 10,801 2 1 185.2
2009 Q4 11,040 0 0 0.0
2009 Q3 10,184 18 6 1767.5
2009 Q2 9,375 0 0 0.0
2009 Q1 10,176 2 0 196.5
2008 Q4 10,370 0 0 0.0
2008 Q3 11,045 0 0 0.0
2008 Q2 9,326 3 0 321.7
2008 Q1 10,841 5 2 461.2
2007 Q4 9,907 0 0 0.0
2007 Q3 10,688 0 0 0.0
2007 Q2 9,016 0 0 0.0
2007 Q1 10,487 5 2 476.8
2006 Q4 9,996 0 0 0.0
2006 Q3 9,954 0 0 0.0
2006 Q2 8,632 0 0 0.0
2006 Q1 9,929 1 0 100.7
2005 Q4 9,208 0 0 0.0
2005 Q3 9,162 0 0 0.0
2005 Q2 8,806 0 0 0.0
2005 Q1 9,278 0 0 0.0
2004 Q4 7,229 0 0 0.0
2004 Q3 8,327 2 0 240.2
2004 Q2 8,358 0 0 0.0
2004 Q1 8,000 0 0 0.0
2003 Q4 7,913 0 0 0.0
2003 Q3 6,568 1 0 152.3
2003 Q2 6,780 0 0 0.0
2003 Q1 7,582 2 0 263.8
2002 Q4 5,438 0 0 0.0
2002 Q3 5,348 1 1 187.0
2002 Q2 5,534 0 0 0.0
2002 Q1 12,332 2 1 162.2
2001 Q4 13,636 0 0 0.0
2001 Q3 11,224 14 6 1247.3
2001 Q2 11,308 5 3 442.2
2001 Q1 13,614 5 1 367.3
2000 Q4 13,535 0 0 0.0
2000 Q3 13,850 4 2 288.8
2000 Q2 14,570 0 0 0.0
2000 Q1 15,056 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

20 on file

2013 · 1 incident

December 31, 2013 WV · Coal FIRE
Argus Energy WV, LLC · Accident type, without injuries

There was stem coming from the north side stockpile area the coal pile had a warm spot in the area of the #10 feeder but there was no visible flames

2004 · 1 incident

June 29, 2004 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Argus Energy WV, LLC · Fall from machine

EMPLOYEE WAS STANDING IN THE BACK OF A PICKUP TRUCK FILLING UP A WATER TANK WHEN AN AIR POCKET SURGED IN THE HOSE KNOCKING HIM TO THE GROUND.

2002 · 1 incident

September 23, 2002 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Pen Coal Corp · Over-exertion (Not Elsewhere Classified)

CLIMBING DOWN 988B LOADER, STEPPED TO GROUND ANDTWISTED ANKLE.

2000 · 1 incident

August 14, 2000 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Pen Coal Corp · Over-exertion (Not Elsewhere Classified)

RAKING COAL OUT FROM UNDER BELT-BACK STARTED HURTING.

1997 · 1 incident

January 10, 1997 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Pen Coal Corp · Contact with hot objects or substances

EMPLOYEE WAS WELDING AND A PIECE OF HOT SLAG FELL AND HURT HIS WRIST.

1996 · 1 incident

September 25, 1996 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Pen Coal Corp · Over-exertion in pulling or pushing objects

EE WAS USING A FIRE HOSE TO HOSE DOWN THE TUNNEL. PULLED MUSCLE IN LOWER ABDOMINAL AREA.

1995 · 2 incidents

August 8, 1995 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Pen Coal Corp · Fall from machine

EMPLOYEE WAS ATTEMPTING TO FILL WATER TANK. THE RELIEF VALVE ON THE WATER SYSTEM WAS CLOSED CAUSIGN EMPLOYEE TO LOOSE HIS BALANCE AND HE FELL FROM THE BACK OF THE PICKUP TRUCK. EMPLOYEE DID NOT GO TO THE DR UNTL THE NEXT DAY. EMPLOYEE FRACTURED FOUR RIBS ON LEFT SIDES.

July 15, 1995 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Pen Coal Corp · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS APPLYING PRESSURE ON A PINCH BAR AND INJURED LOWER BACK RIGHT SIDE.

1994 · 2 incidents

September 16, 1994 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Pen Coal Corp · Fall from machine

EMPLOYEE SLIPPED AND FELL OFF FRONT FENDER OF LOADER WHILE STEAM CLEANING.

July 14, 1994 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Pen Coal Corp · Struck against a moving object

EMPLOYEE TWISTED BACK WHILE LOOKING BEHIND LOADER FROM OPERATORS SEAT HE HIT A LUMP OF COAL WHICH BOUNCED LOADER & HE TWISTED HIS BACK

1993 · 4 incidents

October 27, 1993 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Pen Coal Corp · Over-exertion (Not Elsewhere Classified)

LUMPS OF COAL STUCK IN #2 FEEDER EMPLOYEE WENT TO HIT LUMPS WITH SLEDGE HAMMER & EMPLOYEE FELT SOMETHING PULL IN HIS SHOULDER

September 28, 1993 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Pen Coal Corp · Struck by... (Not Elsewhere Classified)

EE WAS WALING IN THE TUNNEL WHILE PUSHING A SHOVEL. THE SHOVEL HIT A SEAM IN THE CONCRETE CAUSING THE SHOVEL HANDLE TO HIT EE IN THE SIDE.

August 23, 1993 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Pen Coal Corp · Over-exertion in wielding or throwing objects

EMPLOYEE WAS THROWING LINE TO ANOTHER EMPTY BARGE.

March 10, 1993 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Pen Coal Corp · Over-exertion in lifting objects

EMPLOYEE WAS CUTTING A PIECE OF SHEET METAL THATWAS LAYING BESIDE OF TOOL TRAILER.

1992 · 1 incident

March 20, 1992 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Pen Coal Corp · Over-exertion in lifting objects

STRAINED BACK LIFTING MOTOR INSTALLING NEW BELTS

1990 · 2 incidents

June 28, 1990 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Pen Coal Corp · Over-exertion (Not Elsewhere Classified)

HURT LOWER BACK RAKING COAL UNDER CONVEY

February 15, 1990 WV · Coal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand OTHER
Pen Coal Corp · Struck by flying object

MAN WAS WORKING ON BARGES WHEN THE WIND PICKED UP AND BLEW SOMETHING IN HIS EYE.

1989 · 2 incidents

December 28, 1989 WV · Coal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand SLIP OR FALL OF PERSON
Pen Coal Corp · Fall onto or against objects

JUMPED FROM ONE BARGE TO ANOTHER.

October 9, 1989 WV · Coal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand HANDLING OF MATERIALS
Pen Coal Corp · Over-exertion in lifting objects

BENT OVER TO PICK UP BARGE PUMP AND STRAINED BACK.

1988 · 1 incident

December 6, 1988 WV · Coal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand MACHINERY
Pen Coal Corp · Caught in, under or between a moving and a stationary object

HOOKING UP BARGE HOIST WINCH TO BARGE WHNE BARGE DRIFTED DOWN RIVER AND CUAHGT HIS FT. IN BEWEEN THE HOIST CABLE AND CHAVIL ON BARGE.