Mining Incidents

#2: 419 MSHA citations Coal

Nine Mile Mining, Inc. · Underground
Appalachia, Wise County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407188

#2 has $276K in proposed MSHA penalties and $134K outstanding across 34 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
26
Years on record
2007–2012
Latest incident
Jan 2012
Compliance record
MSHA citations since 2006
419
citations
169
significant & substantial
$276,179
proposed penalties
$87,648
paid to date
32% of proposed penalties paid to date, a $188,531 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
84
inspections on record
2,551
inspection hours
16.4
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.
419 citations across 2,551 inspection hours.
Source: MSHA inspections data, updated weekly.

#2 has $276K in proposed MSHA penalties and $134K outstanding across 34 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.
$276K
proposed penalties
$221K
current assessed
$88K
paid to date
$134K
outstanding
398 assessments are final orders; 34 contested dockets.
Of $266K in penalties contested before the Commission, $204K was upheld in final decisions.
As of the most recent assessment on 2012-06-25.
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.
42.5%
significant & substantial
4.8%
high negligence or reckless
42.5%
reasonably likely or greater
12.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 9.8% low, 85.4% moderate, 4.8% 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.
215 citations taken to the federal commission · 51% of citations on record
  • Settled 210 · 98%
  • Stood as issued 4 · 2%
  • Vacated or withdrawn 1 · 0%
99%
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 135 decided S&S contests · industry: 79%
27%
Penalty reduction in decided contests
$296K proposed, $218K 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 2012-11-14.
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
VA 2011-10 Settlement Pope II 2012 $60K → $51K
VA 2011-145 Settlement Pope II 2012 $38K → $34K
VA 2012-179 Settlement Miller 2012 $36K → $24K
VA 2011-259 Settlement McCarthy 2013 $23K → $17K
VA 2011-146 Settlement Pope II 2012 $10K → $7K
VA 2008-56 Settlement Zielinski 2008 $9K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #2 shows 94% of 226 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: 2012-01-23, 14 years ago
94%
within 1.5 mg/m3
226
samples
2.52
dust max (mg/m3)
136 samples taken by MSHA inspectors, 90 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR99
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)23
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)23

Silica (quartz)

Last sampled: 2012-01-30, 14 years ago
8.0
silica avg (%)
35
samples
21.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR13

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: 2010-11-16, 15 years ago
11%
over PEL
19
samples
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)4
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)4
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
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
2012 100% 13
2011 96% 79
2010 94% 33
2007 91% 96
2006 100% 5
Silica (quartz) by year
Year silica avg (%) samples
2012 6.2 1
2011 4.8 5
2010 12.7 7
2007 7.4 20
2006 7.0 2
Noise by year
Year over PEL samples
2010 20% 10
2007 0% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#2 recorded 8.28 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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.
8.28
total case rate
8.28
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Virginia, coal mining averaged 3.41 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
2011 * 8.28 8.28 0.000
2007 * 13.01 6.51 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. Black Belt Mining Inc 2006 to 2007
  2. R & R Mining Inc 2007 to 2009
  3. Nine Mile Mining, Inc. 2009 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)
2012 16 6,828
2011 30 47,113
2010 33 49,037
2008 0
2007 30 98,097
Source: MSHA quarterly employment and production, updated weekly.

#2 sits in Wise County, Virginia, where the Census mining category is 5.9% 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.
Wise County, Virginia · Population 35,727
5.9%
Mining share of county employment
$50,740
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
2012 Q2 3,008 4 1 1329.8
2012 Q1 10,269 5 3 486.9
2011 Q4 21,716 23 11 1059.1
2011 Q3 15,836 16 12 1010.4
2011 Q2 16,837 37 20 2197.5
2011 Q1 18,109 47 18 2595.4
2010 Q4 15,270 32 10 2095.6
2010 Q3 19,979 56 21 2802.9
Show 6 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q2 16,900 53 13 3136.1
2008 Q1 0 0 0
2007 Q4 3,980 35 17 8794.0
2007 Q3 22,251 47 19 2112.3
2007 Q2 1,601 14 5 8744.5
2007 Q1 2,910 12 9 4123.7
No fatalities recorded at this mine.

Reportable incidents

26 on file

2012 · 1 incident

January 17, 2012 VA · Coal continuous miner operator, coal mole operator FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Nine Mile Mining, Inc. · Struck by falling object

EE was operating the Joy Miner, when a piece of the rib slid down the rib, striking EE on the hip. EE stated to the S/C operator he was ok and continued to work. EE refused medical attention at the time of the incident and told the foreman he was fine.

2011 · 3 incidents

September 13, 2011 VA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Nine Mile Mining, Inc. · Over-exertion (Not Elsewhere Classified)

EE is the responsible person on the surface. The stacker belt was hung up, ee was running across the surface area to turn belt off. When he tripped and twisted his knee.

March 18, 2011 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Nine Mile Mining, Inc. · Over-exertion (Not Elsewhere Classified)

EE reported pain in his shoulder. He said he did not have an accident but the pain persisted. He saw a Dr. and was told to return to the neurosurgeon that he had been seeing for a previous injury to the shoulder. Worker Comp. denied this claim and ee remains off work while MRI and other tests are being performed.

January 24, 2011 VA · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Nine Mile Mining, Inc. · Over-exertion in lifting objects

Employee stated that he bent over to pick up the miner cable, when he felt a sharp pain in his back. He worked the remainder of the shift and decided to go to a doctor the next day. The doctor referred him to a specialist.

2010 · 18 incidents

November 28, 2010 VA · Coal electrician, lineman SLIP OR FALL OF PERSON
Nine Mile Mining, Inc. · Fall onto or against objects

Employee was walking down steps behind shop. His foot slipped in the gravel when he stepped off the last step. Employee fell against a scoop mounted rock duster. He bruised his lower back.

October 15, 2010 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Nine Mile Mining, Inc. · Over-exertion in lifting objects

Employee picked up the bottom stand while working on the belt structure.

September 3, 2010 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Nine Mile Mining, Inc. · Struck by... (Not Elsewhere Classified)

Employee was operating pinner and was retracting a piece of starter steel from the top as the steel cleared the top he was struck by the steel hitting his right arm.

August 25, 2010 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Nine Mile Mining, Inc. · Struck by falling object

Employee was operating pinner, when a rock fell weighing approximately 7 lbs, hitting employee on his right wrist.

August 2, 2010 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech STRIKING OR BUMPING
Nine Mile Mining, Inc. · Struck against stationary object

The employee was allegedly walking through a check curtain when he ran into the rib with his head (hard hat). Employee complained two days later about a stiff neck and decided to go to a doctor.

July 14, 2010 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Nine Mile Mining, Inc. · Caught in, under or between a moving and a stationary object

While bolting, employee had his right hand on the pizza pan. While he was trying to get the rotation hose out of the way, the lever was accidentally pushed causing the bolt to raise up, catching his right fingers between the pizza pan and the top.

June 25, 2010 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Nine Mile Mining, Inc. · Caught in, under or between a moving and a stationary object

Employee was moving the roof bolter when he was caught between the roof bolter and the mine rib. This caused a compound fracture to the femur bone of the left leg. This required surgery for placement of a pin in the femur bone.

May 12, 2010 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Nine Mile Mining, Inc. · Struck by... (Not Elsewhere Classified)

EE was pulling drill steel out of drill pot that was stuck. When the drill steel dislodged it struck the employee over his right eye causing a laceration requiring stitches. No lost time.

March 10, 2010 VA · Coal FALL OF ROOF OR BACK
Nine Mile Mining, Inc. · Accident type, without injuries

During exploration/rehabilitation pre-existing fall was observed @ spad 208 for 2 break inby. Per instructions from local MSHA office it was called to them.

March 9, 2010 VA · Coal FALL OF ROOF OR BACK
Nine Mile Mining, Inc. · Accident type, without injuries

During exploration/rehabilitation pre-existing fall was observed @ spad 226-227-228 (2 breaks only). Per instructions from local MSHA office it was called to them.

March 9, 2010 VA · Coal FALL OF ROOF OR BACK
Nine Mile Mining, Inc. · Accident type, without injuries

During exploration/rehabilitation pre-existing fall was observed @ spad 104-105 inby. Per instructions from local MSHA office it was called to them.

March 9, 2010 VA · Coal FALL OF ROOF OR BACK
Nine Mile Mining, Inc. · Accident type, without injuries

During exploration/rehabilitation pre-existing fall was observed @ spad 90 in mains. Per instructions from local MSHA office it was called to them.

March 9, 2010 VA · Coal FALL OF ROOF OR BACK
Nine Mile Mining, Inc. · Accident type, without injuries

During exploration/rehabilitation pre-existing fall was observed @ spad 140 runs 2 break inby. Per instructions from local MSHA office it was called to them.

March 9, 2010 VA · Coal FALL OF ROOF OR BACK
Nine Mile Mining, Inc. · Accident type, without injuries

During exploration/rehabilitation pre-existing fall was observed @ spad 126 in mains. Per instructions from local MSHA office it was called to them.

March 9, 2010 VA · Coal FALL OF ROOF OR BACK
Nine Mile Mining, Inc. · Accident type, without injuries

During exploration/rehabilitation pre-existing fall was observed @ spad 65 in mains. Per instructions from local MSHA office it was called to them.

March 9, 2010 VA · Coal FALL OF ROOF OR BACK
Nine Mile Mining, Inc. · Accident type, without injuries

During exploration/rehabilitation pre-existing fall was observed @ spad 241. Per instructions from local MSHA office it was called to them.

February 23, 2010 VA · Coal FALL OF ROOF OR BACK
Nine Mile Mining, Inc. · Accident type, without injuries

During exploration for rehab. various roof falls were observed. These were called into local MSHA Office, per their instructions falls being reported on one form due to pre-existing condition.

2007 · 4 incidents

October 18, 2007 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
R & R Mining Inc · Struck by flying object

Employee was drilling top, watching drill steel rotate when small pebble piece of rock was slung by drill steel and struck him the the mouth cracking tooth.

October 4, 2007 VA · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
R & R Mining Inc · Struck by... (Not Elsewhere Classified)

Victim was operating ram car headed to miner to load when during travel he hit hump motor loever to better see miner in dip. He struck roof bolt with canopy and had his left hand in position where canopy cut 1st joint out of middle finger.