Mining Incidents

3 Pole: 165 MSHA citations Coal

Controlled by Metinvest B V
Hurley, Buchanan County, VA  ·  Temporarily Idled
MSHA Mine ID: 4407254

3 Pole has $145K in proposed MSHA penalties and $2K outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2009–2014
Latest incident
Aug 2014
Compliance record
MSHA citations since 2009
165
citations
59
significant & substantial
$145,383
proposed penalties
$108,305
paid to date
74% of proposed penalties paid to date, a $37,078 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
55
inspections on record
2,015
inspection hours
8.2
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.
165 citations across 2,015 inspection hours.
Source: MSHA inspections data, updated weekly.

3 Pole has $145K in proposed MSHA penalties and $2K outstanding across 5 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.
$145K
proposed penalties
$110K
current assessed
$108K
paid to date
$2K
outstanding
162 assessments are final orders; 5 contested dockets.
Of $104K in penalties contested before the Commission, $68K was upheld in final decisions.
As of the most recent assessment on 2020-11-05.
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.
36.4%
significant & substantial
5.6%
high negligence or reckless
36.4%
reasonably likely or greater
20.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.6% low, 80.9% moderate, 5.6% 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.
22 citations taken to the federal commission · 13% of citations on record
  • Settled 22 · 100%
89%
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 18 decided S&S contests · industry: 79%
34%
Penalty reduction in decided contests
$104K proposed, $68K 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 2015-05-19.
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 2013-573 Settlement Feldman 2014 $52K → $34K
VA 2014-123 Settlement Feldman 2014 $41K → $26K
VA 2013-518 Settlement Paez 2015 $9K → $7K
VA 2012-429 Settlement Harner 2012 $784 → $627
VA 2015-0225 Settlement Paez 2016 $324 → $225
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at 3 Pole shows 100% of 158 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: 2020-11-05, 5 years ago
100%
within 1.5 mg/m3
158
samples
0.79
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.
109 samples taken by MSHA inspectors, 49 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR76
  • HIGHWALL DRILL OPERATOR32
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE21

Silica (quartz)

Last sampled: 2016-03-09, 10 years ago
22.4
silica avg (%)
3
samples
33.6
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR2
  • HIGHWALL DRILL OPERATOR1

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: 2017-02-01, 9 years ago
0%
over PEL
67
samples
Most-sampled occupations
  • BULLDOZER OPERATOR17
  • HIGHLIFT OPERATOR/FRONT END LOADER16
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE16
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
2020 100% 3
2019 100% 6
2018 100% 6
2017 100% 9
2016 100% 27
2015 100% 32
2014 100% 24
2013 100% 14
2012 100% 11
2011 100% 12
2010 100% 11
2009 100% 3
Silica (quartz) by year
Year silica avg (%) samples
2016 7.3 1
2011 33.6 1
2009 26.4 1
Noise by year
Year over PEL samples
2017 0% 2
2016 0% 9
2015 0% 7
2014 0% 17
2013 0% 7
2012 0% 10
2011 0% 5
2010 0% 5
2009 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

3 Pole recorded 0.00 reportable injury cases per 100 full-time workers in 2016.

Injury rate, 2016
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 3.79 and the all-US-mining average was 2.59 cases per 100 workers.
In Virginia, coal mining averaged 4.14 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
2016 * 0.00 0.00 0.000
2015 0.00 0.00 0.000
2014 1.45 0.00 0.000
2013 3.77 0.00 0.000
2012 * 2.77 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 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. Surface Minerals Company 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)
2021 0
2020 0
2019 0
2018 1
2017 1 4,509
2016 15 97,324
2015 33 356,524
2014 49 467,067
2013 45 275,597
2012 42 279,055
2011 30 259,781
2010 30 195,257
2009 23 77,257
Source: MSHA quarterly employment and production, updated weekly.

3 Pole sits in Buchanan County, Virginia, where the Census mining category is 11.2% 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.
Buchanan County, Virginia · Population 19,857
11.2%
Mining share of county employment
$42,216
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
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
Show 40 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 200 0 0 0.0
2018 Q1 400 0 0 0.0
2017 Q4 405 0 0 0.0
2017 Q3 210 1 0 4761.9
2017 Q2 230 0 0 0.0
2017 Q1 650 0 0 0.0
2016 Q4 590 0 0 0.0
2016 Q3 630 2 0 3174.6
2016 Q2 13,568 3 0 221.1
2016 Q1 23,749 2 0 84.2
2015 Q4 25,325 0 0 0.0
2015 Q3 25,498 0 0 0.0
2015 Q2 25,138 2 0 79.6
2015 Q1 26,218 4 0 152.6
2014 Q4 32,018 6 3 187.4
2014 Q3 32,922 0 0 0.0
2014 Q2 36,855 9 3 244.2
2014 Q1 35,794 8 1 223.5
2013 Q4 30,217 2 1 66.2
2013 Q3 25,571 2 0 78.2
2013 Q2 27,791 23 14 827.6
2013 Q1 22,506 9 2 399.9
2012 Q4 16,154 1 1 61.9
2012 Q3 20,570 5 4 243.1
2012 Q2 34,698 1 0 28.8
2012 Q1 864 4 1 4629.6
2011 Q4 29,281 0 0 0.0
2011 Q3 19,694 3 2 152.3
2011 Q2 24,114 1 0 41.5
2011 Q1 23,473 5 2 213.0
2010 Q4 19,606 0 0 0.0
2010 Q3 21,258 5 2 235.2
2010 Q2 22,491 0 0 0.0
2010 Q1 22,946 9 3 392.2
2009 Q4 17,795 0 0 0.0
2009 Q3 17,039 11 2 645.6
2009 Q2 7,316 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2014 · 1 incident

August 19, 2014 VA · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Surface Minerals Company · Fall down stairs

Employee was walking down the steps of the filter trailer and fell when he got to the bottom step and turned his ankle, resulting in an ankle sprain and small chip to a bone in the ankle.

2013 · 2 incidents

October 26, 2013 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Surface Minerals Company · Struck by... (Not Elsewhere Classified)

Employee was grinding on a welded spot when the hand grinder jumped and hit him on the left hand between the pointer and middle finger causing a laceration that required sutures.

March 8, 2013 VA · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Surface Minerals Company · Fall onto or against objects

As employee stepped off of the Lube truck his foot slipped and he fell into the ladder on the used oil tank causing a laceration to his left ear that took sutures to close the cut. He was in the process of emptying the used oil tank on the truck into the ground tank. He reported to full work on his next scheduled shift.

2012 · 2 incidents

August 2, 2012 VA · Coal supply man, nipper SLIP OR FALL OF PERSON
Surface Minerals Company · Fall to the walkway or working surface

Employee was unloading supplies when cutting blades for a grader started shifting. He stepped to get in the clear and tripped over a hydraulic unit, falling to the ground catching his fall with his left hand causing a hair line fracture. He is continuing working his regular job.

June 1, 2012 VA · Coal outside foreman, leadman OTHER
Surface Minerals Company · (Not Elsewhere Classified)

Employee passed out as he exited truck.Worker saw him covered with mud.No injury occurred.No exposure to toxic hazards.Went to hospital for heart tests found nothing.Was admitted due to infection & given antibiotics.Was taking antibiotics prior to incident.Reporting this as occupational illness MSHA says we must.We do not agree this is reportable would like it removed from record.

2011 · 1 incident

May 26, 2011 VA · Coal FIRE
Surface Minerals Company · Accident type, without injuries

A fire was discovered in a day box on a powder truck as a shot bench was being loaded. A brush/tree fire was located near the loading site which may have been the ignition source. No injuries occurred in this incident.

2010 · 1 incident

February 26, 2010 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Surface Minerals Company · Struck by... (Not Elsewhere Classified)

EE was inserting a wire into a Bunch Block using a stainless steel razor knife, when it slipped and cut his right index finger. The cut required 5 stitches.

2009 · 1 incident

October 19, 2009 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Surface Minerals Company · Over-exertion in pulling or pushing objects

The employee was standing on top of a loader with a rope in his hand that was tied to a drive line underneath the loader. As he was pulling on the rope he felt pain in his back. He continued to work and on 11-30-09 he was taken off work to start 2-3 weeks of therapy and is still missing work.