Mining Incidents

WV-3 Surface Mine: 508 MSHA citations Coal

Controlled by James C Justice III
Lyburn, Logan County, WV  ·  NonProducing
MSHA Mine ID: 4608973

WV-3 Surface Mine has $472K in proposed MSHA penalties and $176K outstanding across 43 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at WV-3 Surface Mine.

Fatalities
0
Total incidents
33
Years on record
2003–2016
Latest incident
Mar 2016
Compliance record
MSHA citations since 2004
508
citations
226
significant & substantial
$471,769
proposed penalties
$186,527
paid to date
40% of proposed penalties paid to date, a $285,242 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
107
inspections on record
3,709
inspection hours
13.7
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.
508 citations across 3,709 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: 2013-09-26.
On record since 2013.
Source: MSHA imminent-danger order records, updated weekly.

WV-3 Surface Mine has $472K in proposed MSHA penalties and $176K outstanding across 43 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.
$472K
proposed penalties
$363K
current assessed
$187K
paid to date
$176K
outstanding
486 assessments are final orders; 43 contested dockets.
Of $344K in penalties contested before the Commission, $228K was upheld in final decisions.
As of the most recent assessment on 2026-01-21.
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.
46.1%
significant & substantial
6.7%
high negligence or reckless
46.7%
reasonably likely or greater
38.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 31.2% low, 61.8% moderate, 6.7% 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.
301 citations taken to the federal commission · 59% of citations on record
  • Settled 259 · 86%
  • Stood as issued 33 · 11%
  • Vacated or withdrawn 7 · 2%
  • Still open 2 · 1%
79%
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 167 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$343K proposed, $228K 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 2024-03-25.
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 2024-0190 Settlement McCarthy 2024 $63K → $30K
WEVA 2013-1300 Settlement McCarthy 2014 $32K → $22K
WEVA 2013-763 Settlement McCarthy 2013 $25K → $19K
WEVA 2015-0442 Settlement Rae 2015 $25K → $19K
WEVA 2023-0458 Settlement McCarthy 2024 $20K → $10K
WEVA 2014-241 Settlement McCarthy 2014 $13K → $10K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at WV-3 Surface Mine shows 100% of 94 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: 2026-03-09
100%
within 1.5 mg/m3
94
samples
1.14
dust max (mg/m3)
1
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.
83 samples taken by MSHA inspectors, 11 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR26
  • HIGHLIFT OPERATOR/FRONT END LOADER19
  • HIGHWALL DRILL OPERATOR17

Silica (quartz)

Last sampled: 2023-01-24, 3 years ago
18.3
silica avg (%)
7
samples
30.6
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR4
  • BULLDOZER OPERATOR3

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: 2026-03-09
0%
over PEL
43
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE11
  • BULLDOZER OPERATOR10
  • HIGHLIFT OPERATOR/FRONT END LOADER9
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% 5
2023 100% 11
2016 100% 20
2015 100% 2
2014 100% 12
2013 100% 5
2011 100% 10
2010 100% 4
2006 100% 10
2005 100% 5
2004 100% 10
Silica (quartz) by year
Year silica avg (%) samples
2023 12.2 1
2016 19.4 6
Noise by year
Year over PEL samples
2026 0% 5
2023 0% 5
2016 0% 5
2014 0% 5
2013 0% 5
2011 0% 5
2010 0% 3
2005 0% 5
2004 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

WV-3 Surface Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2023.

Injury rate, 2023
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 3.17 and the all-US-mining average was 2.10 cases per 100 workers.
In West Virginia, coal mining averaged 3.54 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
2023 * 0.00 0.00 0.000
2016 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 4.34 1.45 0.000
2013 13.18 8.24 0.000
2012 * 0.00 0.00 0.000
2011 * 10.08 10.08 0.000
2006 * 9.38 9.38 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. Appalachian Fuels LLC 2002 to 2010
  2. Kentucky Fuel Corporation 2010 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 6
2025 0
2024 1
2023 22 95,964
2022 13
2021 0
2019 0
2018 0
2017 5 17,277
2016 43 305,521
2015 26 131,427
2014 66 219,782
2013 59 224,331
2012 10 36,245
2011 32 152,103
2010 12 10,398
2009 0
2008 1
2007 6
2006 41 291,084
2005 42 476,204
2004 38 481,635
2003 7 11,102
2002 22 16,206
Source: MSHA quarterly employment and production, updated weekly.

WV-3 Surface Mine sits in Logan County, West Virginia, where the Census mining category is 6.6% 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.
Logan County, West Virginia · Population 31,826
6.6%
Mining share of county employment
$47,237
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 984 0 0 0.0
2026 Q1 4,175 2 0 479.0
2025 Q3 0 0 0
2024 Q3 0 0 0
2024 Q2 0 1 0
2024 Q1 1,120 1 0 892.9
2023 Q4 9,578 14 4 1461.7
2023 Q3 6,471 40 17 6181.4
Show 70 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q2 10,134 50 19 4933.9
2023 Q1 4,757 18 6 3783.9
2022 Q4 9,085 22 8 2421.6
2022 Q3 3,951 26 5 6580.6
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2019 Q2 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q1 580 0 0 0.0
2017 Q4 540 0 0 0.0
2017 Q3 1,350 0 0 0.0
2017 Q2 3,046 0 0 0.0
2017 Q1 2,582 0 0 0.0
2016 Q4 6,254 3 1 479.7
2016 Q3 22,253 4 2 179.8
2016 Q2 32,691 22 6 673.0
2016 Q1 30,564 18 7 588.9
2015 Q4 10,711 1 0 93.4
2015 Q3 5,569 1 0 179.6
2015 Q2 5,685 6 0 1055.4
2015 Q1 7,738 2 1 258.5
2014 Q4 31,960 10 6 312.9
2014 Q3 38,596 16 0 414.6
2014 Q2 38,751 22 9 567.7
2014 Q1 29,070 3 1 103.2
2013 Q4 32,958 7 3 212.4
2013 Q3 39,715 53 29 1334.5
2013 Q2 31,243 19 7 608.1
2013 Q1 17,461 21 13 1202.7
2012 Q4 7,696 0 0 0.0
2012 Q3 1,270 0 0 0.0
2012 Q2 4,436 1 0 225.4
2012 Q1 7,401 1 0 135.1
2011 Q4 19,780 12 5 606.7
2011 Q3 17,245 8 6 463.9
2011 Q2 21,963 25 10 1138.3
2011 Q1 20,341 4 4 196.6
2010 Q4 13,532 14 14 1034.6
2010 Q1 0 0 0
2009 Q4 0 0 0
2009 Q3 0 0 0
2009 Q2 0 0 0
2009 Q1 0 0 0
2008 Q4 0 0 0
2008 Q3 0 0 0
2008 Q2 0 0 0
2008 Q1 570 0 0 0.0
2007 Q4 1,416 5 1 3531.1
2007 Q3 1,057 0 0 0.0
2007 Q2 3,586 0 0 0.0
2007 Q1 3,712 0 0 0.0
2006 Q4 11,539 0 0 0.0
2006 Q3 21,602 12 10 555.5
2006 Q2 27,353 0 0 0.0
2006 Q1 24,764 0 0 0.0
2005 Q4 26,404 0 0 0.0
2005 Q3 26,503 0 0 0.0
2005 Q2 23,711 0 0 0.0
2005 Q1 25,521 9 8 352.7
2004 Q4 25,590 0 0 0.0
2004 Q3 28,399 0 0 0.0
2004 Q2 23,742 0 0 0.0
2004 Q1 15,596 2 0 128.2
2003 Q4 0 0 0
2003 Q3 0 0 0
2003 Q2 0 0 0
2003 Q1 3,435 0 0 0.0
2002 Q4 3,110 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

33 on file

2016 · 1 incident

March 21, 2016 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Kentucky Fuel Corporation · Contact with hot objects or substances

Cutting left hand equalizer bar end pin out of roller frame and slag popped off went into right ear causing a thermal burn.

2014 · 3 incidents

June 10, 2014 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Kentucky Fuel Corporation · Over-exertion (Not Elsewhere Classified)

Employee was dismounting Loader and twisted ankle on step.

2013 · 9 incidents

December 6, 2013 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

Employee alleges injury after being laid off at the end of his 12/5/2013 shift but never reported to management. Management was notified on 12/20/2013 by Workers Comp. Claims neck and back injury after running his rock truck into another rock truck.

October 31, 2013 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

Employee alleges hitting his knee on bucket lever of Loader.

October 23, 2013 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

Operator says he jammed neck into cab protector when he hit a dip in the road.

September 25, 2013 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Kentucky Fuel Corporation · Struck by... (Not Elsewhere Classified)

Driving bearing race into steering stabilizer hammer chipped puncturing left hand.

August 25, 2013 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Kentucky Fuel Corporation · Over-exertion (Not Elsewhere Classified)

While installing engine exhaust manifold and engine turbo. The technician had to work in a bent over posture for an extended period of time. No pain was felt on the day he was performing the work. The technician began noticing soreness and stiffness in his right lower back on 8/26.

July 13, 2013 WV · Coal drill operator SLIP OR FALL OF PERSON
Kentucky Fuel Corporation · Fall from machine

The operator was dismounting the DM Ingersol Drill when he fell. Sliding ladder was maintained in up position three point contact was not being utilized. No oil/grease was found on hand rails, ladder nor were any stumbling hazards found. The operator complained of lower back and hip pain and was taken to the hospital. No witnesses were present at the time of fall.

May 2, 2013 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver DISORDERS (PHYSICAL AGENTS)
Kentucky Fuel Corporation · Contact with heat

Employee became light headed while operating his 785 rock truck and thought he had a seizure. Dr. diagnosed as heat stroke.

2011 · 4 incidents

December 28, 2011 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Kentucky Fuel Corporation · Struck against a moving object

Operator was backing up the dozer when he hit a rock with one track. Said his neck was stiff and went to hospital the next day. Said he had a pulled muscle.

October 13, 2011 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

The victim was operating a rock truck. When the shovel was loading the truck, a rock shook the truck and jarred the operator. He began experiencing pain in his neck area. Diagnosed as bruised cervical. Returned to work on 10/17/11 with no restrictions.

September 29, 2011 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

The victim was operating a rock truck. When the shovel was loading the truck, a rock shook the truck and jarred the operator. He began experiencing pain in his lower back and groin area.

February 23, 2011 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

Drove truck on berm for 90'. Truck then went over berm & down hill. It rested 100' from top of bank.

2006 · 5 incidents

August 3, 2006 WV · Coal FIRE
Appalachian Fuels LLC · Accident type, without injuries

Drill operator said the 992G loader was on fire, when foreman got there the loader operator had gotten off the loader. At 10:45 p.m. the mine office called 911, then in turn called the Logan Fire Department. The Logan Fire Department arrived at 11:15 p.m. - the fire was completely out at 12:30 a.m.

May 18, 2006 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Appalachian Fuels LLC · Over-exertion (Not Elsewhere Classified)

Employee was sitting on the bumper of the mechanic's truck, stood up to take a step and his right knee gave out.

March 31, 2006 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Appalachian Fuels LLC · Struck against a moving object

Employee operating rock truck, backed the 785 under the 992 loader, the loader operator put a load containing a large rock in the rock truck, jarring the operator in the rock truck.....as a result of the jarring employee alleges head, neck, ear pain.

March 23, 2006 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Appalachian Fuels LLC · Struck against a moving object

Employee was operating a dozer, while backing up employee hit a rock causing the dozer to slide sideways, resulting in the employee injuring his back.

2005 · 5 incidents

July 14, 2005 WV · Coal pumper SLIP OR FALL OF PERSON
Appalachian Fuels LLC · Fall onto or against objects

Cut about a 6 inch bush which had a grapevine growing from it in the ground which was unseen and it knocked him down and landed on a rock which cut his head.

June 24, 2005 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Appalachian Fuels LLC · Struck by... (Not Elsewhere Classified)

When removing wheel from water truck the cleat from the wheel ejected striking ee in the left hand and wrist area.

June 1, 2005 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Appalachian Fuels LLC · Over-exertion (Not Elsewhere Classified)

Employee states that he thinks original injury occurred on 6-1-05. He didn't report it until 10-14-05 when he felt a sharp in lower left groin area. He went to doctor and was diagnosed with a hernia. Surgery to repair is scheduled for 11-4-05.

March 28, 2005 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Appalachian Fuels LLC · Struck against a moving object

EE was utilizing a Caterpillar 325-B excavator to clean loose material from the highwall along the road. EE states tried to pull a rock with the bucket and it slipped. This caused EE to be jarred around in the seat of the excavator. Complained of pain in lower back. Still being treated for pain in lower back radiating down leg.

2004 · 5 incidents

August 13, 2004 WV · Coal belt foreman, maintenance foreman, maintenance supervisor HANDTOOLS (NONPOWERED)
Appalachian Fuels LLC · Struck by... (Not Elsewhere Classified)

Victim was struck by a chip of metal from a hammer while observing work being performed. Mechanic stuck hammer against hammer and a chip flew off striking victim in the abdomen. Was taken to hospital where surgery was performed to stop internal bleeding.

August 7, 2004 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Appalachian Fuels LLC · Fall from machine

Victim was cleaning the rear window when his foot slipped and he fell to the ground. Diagnosed as torn rotator cup.

July 22, 2004 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Appalachian Fuels LLC · Absorption of radiations, caustics, toxic and noxious substances

Victim removed the radiator cap from a D-9 dozer while engine was still hot. The hot anti-freeze blew out and hit him on the forearms, chest and stomach resulting in 1st and 2nd degree burns.

May 5, 2004 WV · Coal mechanic helper HANDLING OF MATERIALS
Appalachian Fuels LLC · Struck by falling object

Employee is a mechanic's helper - was helping the mechanic drop a belly pan on a D9N dozer for repairs - the chain slipped - the belly pan came to the ground & caught both hands

April 3, 2004 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Appalachian Fuels LLC · Struck by falling object

While dozer was being serviced by greasers, the mechanic began doing maintenance on the track rollers. The fuel cap rolled off the machine and hit him in the head. Required fifteen (15) clips/staples to close.

2003 · 1 incident

January 14, 2003 WV · Coal greaser, grease man, oiler, lube man, dragline oiler

EE STATES THAT HE FELL & HIT HIS HIP & HEAD WHILE DISMOUNTING LOADER. DOCTOR SAYS HE HAS LUMBAR & RIGHT ELBOW STRAIN.