Wharton No 1 Tunnel: 57 MSHA citations Coal
Rockwell Mining LLC
· Underground
Controlled by
Sev.en Global Investments a.s.
MSHA Mine ID: 4605071
Wharton No 1 Tunnel has $7K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 0
- Years on record
- —
- Latest incident
- —
Compliance record
MSHA citations since 2001
57
citations
11
significant & substantial
$7,331
proposed penalties
$7,203
paid to date
98% of proposed penalties paid to date, a $128 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
100
inspections on record
1,889
inspection hours
3.0
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.57 citations across 1,889 inspection hours.
Source: MSHA inspections data, updated weekly.
Wharton No 1 Tunnel has $7K in proposed MSHA penalties and $0 outstanding across 1 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.$7K
proposed penalties
$7K
current assessed
$7K
paid to date
$0
outstanding
56 assessments are final orders; 1 contested dockets.
Of $352 in penalties contested before the Commission, $224 was upheld in final decisions.
As of the most recent assessment on 2015-01-23.
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.19.6%
significant & substantial
3.6%
high negligence or reckless
19.6%
reasonably likely or greater
14.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 12.5% low, 83.9% moderate, 3.6% 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.
2
citations taken to the federal commission · 4% of citations on record
- Settled 2 · 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 2 decided S&S contests · industry: 79%
36%
Penalty reduction in decided contests
$352 proposed, $224 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 2008-04-24.
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 2008-956 | Settlement | Weisberger | 2009 | $352 → $224 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Wharton No 1 Tunnel shows 100% of 26 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: 2014-10-15, 11 years ago
ⓘ
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.100%
within 1.5 mg/m3
26
samples
0.05
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.8 samples taken by MSHA inspectors, 18 by the operator.
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: 2006-02-11, 20 years ago
ⓘ
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.0%
over PEL
1
samples
Most-sampled occupations
- FIRE BOSS PRE-SHIFT EXAMINER1
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% | 4 |
| 2013 | 100% | 14 |
| 2012 | 100% | 8 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
- Eastern Associated Coal Corp 1976 to 1987
- Eastern Associated Coal Corp 1987 to 1998
- Eastern Associated Coal LLC 1998 to 2015
- Rockwell Mining LLC 2015 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
| Year | Employees |
|---|---|
| 2016 | 0 |
| 2015 | 1 |
| 2014 | 7 |
| 2013 | 1 |
| 2012 | 1 |
| 2011 | 1 |
| 2010 | 1 |
| 2009 | 1 |
| 2008 | 1 |
| 2007 | 1 |
| 2006 | 1 |
| 2005 | 1 |
| 2004 | 1 |
| 2003 | 1 |
| 2002 | 1 |
| 2001 | 3 |
| 2000 | 2 |
Source: MSHA quarterly employment and production, updated weekly.
Wharton No 1 Tunnel 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 |
|---|---|---|---|---|
| 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 | 237 | 0 | 0 | 0.0 |
| 2015 Q1 | 569 | 3 | 0 | 5272.4 |
Show 60 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2014 Q4 | 4,100 | 2 | 0 | 487.8 |
| 2014 Q3 | 7,834 | 5 | 2 | 638.2 |
| 2014 Q2 | 456 | 3 | 2 | 6578.9 |
| 2014 Q1 | 464 | 2 | 0 | 4310.3 |
| 2013 Q4 | 400 | 0 | 0 | 0.0 |
| 2013 Q3 | 480 | 3 | 0 | 6250.0 |
| 2013 Q2 | 408 | 2 | 0 | 4902.0 |
| 2013 Q1 | 336 | 1 | 0 | 2976.2 |
| 2012 Q4 | 280 | 0 | 0 | 0.0 |
| 2012 Q3 | 352 | 2 | 0 | 5681.8 |
| 2012 Q2 | 488 | 3 | 1 | 6147.5 |
| 2012 Q1 | 512 | 2 | 0 | 3906.2 |
| 2011 Q4 | 496 | 2 | 0 | 4032.3 |
| 2011 Q3 | 536 | 0 | 0 | 0.0 |
| 2011 Q2 | 528 | 0 | 0 | 0.0 |
| 2011 Q1 | 600 | 1 | 1 | 1666.7 |
| 2010 Q4 | 376 | 0 | 0 | 0.0 |
| 2010 Q3 | 360 | 1 | 0 | 2777.8 |
| 2010 Q2 | 544 | 1 | 0 | 1838.2 |
| 2010 Q1 | 568 | 0 | 0 | 0.0 |
| 2009 Q4 | 560 | 0 | 0 | 0.0 |
| 2009 Q3 | 536 | 0 | 0 | 0.0 |
| 2009 Q2 | 464 | 0 | 0 | 0.0 |
| 2009 Q1 | 592 | 3 | 0 | 5067.6 |
| 2008 Q4 | 576 | 5 | 1 | 8680.6 |
| 2008 Q3 | 520 | 0 | 0 | 0.0 |
| 2008 Q2 | 568 | 0 | 0 | 0.0 |
| 2008 Q1 | 576 | 5 | 2 | 8680.6 |
| 2007 Q4 | 528 | 1 | 0 | 1893.9 |
| 2007 Q3 | 552 | 0 | 0 | 0.0 |
| 2007 Q2 | 488 | 0 | 0 | 0.0 |
| 2007 Q1 | 528 | 0 | 0 | 0.0 |
| 2006 Q4 | 504 | 0 | 0 | 0.0 |
| 2006 Q3 | 480 | 1 | 0 | 2083.3 |
| 2006 Q2 | 592 | 0 | 0 | 0.0 |
| 2006 Q1 | 592 | 0 | 0 | 0.0 |
| 2005 Q4 | 560 | 1 | 0 | 1785.7 |
| 2005 Q3 | 552 | 0 | 0 | 0.0 |
| 2005 Q2 | 552 | 0 | 0 | 0.0 |
| 2005 Q1 | 592 | 3 | 0 | 5067.6 |
| 2004 Q4 | 468 | 0 | 0 | 0.0 |
| 2004 Q3 | 544 | 0 | 0 | 0.0 |
| 2004 Q2 | 584 | 0 | 0 | 0.0 |
| 2004 Q1 | 608 | 0 | 0 | 0.0 |
| 2003 Q4 | 560 | 0 | 0 | 0.0 |
| 2003 Q3 | 512 | 0 | 0 | 0.0 |
| 2003 Q2 | 352 | 0 | 0 | 0.0 |
| 2003 Q1 | 592 | 0 | 0 | 0.0 |
| 2002 Q4 | 568 | 0 | 0 | 0.0 |
| 2002 Q3 | 504 | 1 | 0 | 1984.1 |
| 2002 Q2 | 600 | 0 | 0 | 0.0 |
| 2002 Q1 | 600 | 0 | 0 | 0.0 |
| 2001 Q4 | 416 | 0 | 0 | 0.0 |
| 2001 Q3 | 568 | 1 | 0 | 1760.6 |
| 2001 Q2 | 568 | 2 | 1 | 3521.1 |
| 2001 Q1 | 608 | 1 | 1 | 1644.7 |
| 2000 Q4 | 584 | 0 | 0 | 0.0 |
| 2000 Q3 | 576 | 0 | 0 | 0.0 |
| 2000 Q2 | 600 | 0 | 0 | 0.0 |
| 2000 Q1 | 616 | 0 | 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.