Mining Incidents

C W Mining Company: 1 recorded fatality operator

Controlled by Kenneth A Rushton
MSHA operator ID: 0050528

Watch this operator

Email me when a new MSHA incident is filed at any C W Mining Company mine.

Fatalities
1
Total incidents
25
Mines on record
3
Years on record
2002–2008
Compliance record
MSHA citations since 2002
732
citations
212
significant & substantial
$1,024,077
proposed penalties
$166,776
paid to date
16% of proposed penalties paid to date, a $857,301 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
127
inspections on record
7,694
inspection hours
9.5
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.
732 citations across 7,694 inspection hours.
Source: MSHA inspections data, updated weekly.
Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$1.0M
proposed penalties
$1.0M
current assessed
$167K
paid to date
$850K
outstanding
704 assessments are final orders; 15 contested dockets.
Of $688K in penalties contested before the Commission, $678K was upheld in final decisions.
As of the most recent assessment on 2010-05-26.
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.
29.4%
significant & substantial
7.8%
high negligence or reckless
30.1%
reasonably likely or greater
9.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 5.0% low, 87.1% moderate, 7.1% high, 0.7% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2008
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.
8.86
total case rate
5.06
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
Year total case rate days-away fatal
2008 8.86 5.06 0.000
2007 3.71 2.78 0.000
2006 4.56 3.65 0.000
2005 4.13 3.10 0.000
2004 1.58 1.58 0.000
2003 1.69 1.69 0.000
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.
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: 2008-05-21, 18 years ago
87%
within 1.5 mg/m3
705
samples
7.26
dust max (mg/m3)
284 samples taken by MSHA inspectors, 421 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR394
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)54
  • CONTINUOUS MINER HELPER28

Silica (quartz)

Last sampled: 2008-05-14, 18 years ago
4.0
silica avg (%)
64
samples
15.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR43
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)17

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: 2008-06-20, 18 years ago
1%
over PEL
68
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)14
  • CONTINUOUS MINER OPERATOR8
  • BELT MAN/CONVEYOR MAN5
Source: MSHA respirable dust, quartz, and noise sampling records, 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.
51 citations taken to the federal commission · 7% of citations on record
  • Settled 46 · 90%
  • Stood as issued 2 · 4%
  • Vacated or withdrawn 3 · 6%
95%
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 40 decided S&S contests · industry: 79%
1%
Penalty reduction in decided contests
$685K proposed, $678K 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 2009-01-12. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
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 operator contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
WEST 2008-1555 Prevail Miller 2009 $236K → $236K
WEST 2009-370 Settlement Paez 2010 $215K → $215K
WEST 2009-71 Settlement Manning 2010 $146K → $146K
WEST 2008-1485 Settlement Weisberger 2010 $34K → $34K
WEST 2007-449 Prevail Manning 2008 $12K → $4K
WEST 2008-1394 Prevail Manning 2009 $12K → $12K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2008
7
2007
5 (1f)
2006
6
2005
4
2004
1
2003
1
2002
1

Mines on record

Fatalities under this operator

1 recorded
December 12, 2007 UT · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · POWERED HAULAGE
C.W. Mining Co. · Caught in, under or between a moving and a stationary object

A truck got stuck. The loader backed up to the truck to pull it out. The loader operator and the truck operator both got out to hook the chain up. The loader rolled back and crushed the truck operator between the truck and loader. THIS PERSON IS NOT AN EMPLOYEE OF OURS, WE DO NOT HAVE HIS INFORMATION. The loader impacted the loader operator in the back, he moved out of the way.

For insurers, brokers, and safety consultants

Where C W Mining Company stands on silica, penalties, and injury rate

MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes dust and quartz as separate files and never the silica figure itself. We derive it per sample, score it against the limit, and set the operator's injury rate against a benchmark built from the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality history. Delivered as a PDF with the underlying data as CSV.

The federal record itself stays free on this site. What costs money, and why.

See a sample report
Need a different cut of the data? Ask us