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The New West Virginia Mining Company: 379 MSHA citations operator

Controlled by Brandy M Horvath
MSHA operator ID: 0086784

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Email me when a new MSHA incident is filed at any The New West Virginia Mining Company mine.

Fatalities
0
Total incidents
14
Mines on record
2
Years on record
2008–2011
Compliance record
MSHA citations since 2008
379
citations
156
significant & substantial
$1,345,123
proposed penalties
$0
paid to date
0% of proposed penalties paid to date, a $1,345,123 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
35
inspections on record
1,658
inspection hours
22.9
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.
379 citations across 1,658 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.
$1.3M
proposed penalties
$1.3M
current assessed
$0
paid to date
$1.3M
outstanding
352 assessments are final orders; 9 contested dockets.
Of $1.1M in penalties contested before the Commission, $1.1M was upheld in final decisions.
As of the most recent assessment on 2011-03-03.
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.
44.3%
significant & substantial
17.6%
high negligence or reckless
44.3%
reasonably likely or greater
53.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 10.8% low, 71.6% moderate, 15.6% high, 2.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2010
ⓘ 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.
30.44
total case rate
30.44
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
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.
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: 2011-01-24, 15 years ago
92%
within 1.5 mg/m3
124
samples
6.68
dust max (mg/m3)
69 samples taken by MSHA inspectors, 55 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR51
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)18
  • ROOF BOLTER (SINGLE HEAD)11

Silica (quartz)

Last sampled: 2010-09-22, 15 years ago
6.9
silica avg (%)
10
samples
15.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR6
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: 2010-09-15, 15 years ago
0%
over PEL
19
samples
Most-sampled occupations
  • ROOF BOLTER (SINGLE HEAD)4
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
  • CONTINUOUS MINER OPERATOR2
See US mines ranked by noise samples over the legal limit.
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.
97 citations taken to the federal commission · 26% of citations on record
  • Settled 56 · 58%
  • Stood as issued 41 · 42%
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 60 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$1.0M proposed, $1.0M 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 2010-04-15. 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
WEVA 2010-488 Default Lesnick 2011 $760K → $760K
WEVA 2010-489 Settlement Moran 2012 $159K → $159K
WEVA 2010-140 Settlement Moran 2012 $45K → $45K
WEVA 2010-658 Settlement Moran 2012 $36K → $36K
WEVA 2010-749 Default Lesnick 2012 $24K → $24K
WEVA 2010-906 Default Moran 2015 $16K → $16K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2011
2
2010
8
2009
3
2008
1

Mines on record

For insurers, brokers, and safety consultants

Where The New West Virginia 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.

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