Mining Incidents

Baden #1: 115 MSHA citations Coal

Controlled by James C Justice III
Clintwood, Dickenson County, VA  ·  Temporarily Idled
MSHA Mine ID: 4407115

Baden #1 has $27K in proposed MSHA penalties and $6K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2010–2023
Latest incident
Feb 2023
Compliance record
MSHA citations since 2005
115
citations
37
significant & substantial
$26,532
proposed penalties
$18,045
paid to date
68% of proposed penalties paid to date, a $8,487 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
65
inspections on record
1,870
inspection hours
6.1
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.
115 citations across 1,870 inspection hours.
Source: MSHA inspections data, updated weekly.

Baden #1 has $27K in proposed MSHA penalties and $6K outstanding across 8 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.
$27K
proposed penalties
$24K
current assessed
$18K
paid to date
$6K
outstanding
114 assessments are final orders; 8 contested dockets.
Of $5K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2025-07-02.
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.
32.5%
significant & substantial
6.1%
high negligence or reckless
32.5%
reasonably likely or greater
38.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 22.8% low, 71.1% moderate, 6.1% 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.
16 citations taken to the federal commission · 14% of citations on record
  • Settled 15 · 94%
  • Stood as issued 1 · 6%
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 4 decided S&S contests · industry: 79%
38%
Penalty reduction in decided contests
$5K proposed, $3K 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 2021-03-28.
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 2020-0049 Settlement Rae 2020 $3K → $2K
VA 2016-0244 Settlement Steele 2018 $637 → $570
VA 2019-0144 Settlement Paez 2020 $571 → $366
VA 2011-355 Settlement Rae 2012 $420 → $283
VA 2021-0012 Default 2021 $125 → $125
VA 2020-0031 Settlement Manning 2020 $123 → $123
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Baden #1 shows 99% of 191 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: 2025-10-13
99%
within 1.5 mg/m3
191
samples
1.81
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.
131 samples taken by MSHA inspectors, 60 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR59
  • HIGHWALL DRILL OPERATOR50
  • HIGHLIFT OPERATOR/FRONT END LOADER28

Silica (quartz)

Last sampled: 2023-04-20, 3 years ago
9.1
silica avg (%)
9
samples
13.9
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • HIGHWALL DRILL OPERATOR4

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: 2025-08-06
0%
over PEL
89
samples
Most-sampled occupations
  • BULLDOZER OPERATOR20
  • HIGHLIFT OPERATOR/FRONT END LOADER17
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE15
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
2025 100% 5
2024 100% 6
2023 100% 12
2022 100% 13
2021 100% 16
2020 100% 22
2019 100% 19
2018 100% 8
2016 100% 3
2015 100% 8
2014 100% 1
2013 100% 6
2011 100% 5
2010 100% 7
2009 94% 16
2008 100% 14
2007 100% 15
2006 100% 10
2005 80% 5
Silica (quartz) by year
Year silica avg (%) samples
2023 5.2 2
2022 11.0 2
2019 7.8 2
2015 13.1 1
2009 10.3 2
Noise by year
Year over PEL samples
2025 0% 3
2024 0% 3
2023 0% 5
2022 0% 5
2020 0% 9
2019 0% 5
2018 0% 4
2015 0% 2
2013 0% 12
2011 0% 5
2010 0% 5
2009 0% 9
2008 0% 9
2007 0% 4
2006 0% 5
2005 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Baden #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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 3.26 and the all-US-mining average was 2.12 cases per 100 workers.
In Virginia, coal mining averaged 2.34 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
2022 * 0.00 0.00 0.000
2021 * 4.07 4.07 0.000
2020 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 7.25 7.25 0.000
2009 * 0.00 0.00 0.000
2008 * 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. Baden Reclamation Co., Inc. 2004 to 2010
  2. A & G Coal Corporation 2010 to 2021
  3. FR Performance LLC 2021 to 2021
  4. A&G Coal Corporation 2021 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 2
2025 3 5,654
2024 2
2023 7 14,510
2022 24 44,437
2021 20 123,491
2020 17 12,712
2019 24 35,907
2018 3
2017 0
2016 0
2015 1
2014 1
2013 0
2012 2
2011 24 70,267
2010 44 166,501
2009 36 145,686
2008 25 157,278
2007 17 118,093
2006 16 118,728
2005 10 98,228
2004 7 624
Source: MSHA quarterly employment and production, updated weekly.

Baden #1 sits in Dickenson County, Virginia, where the Census mining category is 9.8% 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.
Dickenson County, Virginia · Population 13,920
9.8%
Mining share of county employment
$43,831
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 0 0 0
2026 Q1 1,673 0 0 0.0
2025 Q4 2,291 0 0 0.0
2025 Q3 2,551 1 0 392.0
2025 Q2 1,566 0 0 0.0
2025 Q1 1,336 0 0 0.0
2024 Q4 794 0 0 0.0
2024 Q3 1,083 0 0 0.0
Show 75 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 0 0 0
2024 Q1 1,080 0 0 0.0
2023 Q4 2,480 0 0 0.0
2023 Q3 1,944 0 0 0.0
2023 Q2 0 3 1
2023 Q1 11,024 0 0 0.0
2022 Q4 14,223 4 1 281.2
2022 Q3 13,740 3 2 218.3
2022 Q2 15,250 0 0 0.0
2022 Q1 13,300 0 0 0.0
2021 Q4 11,232 2 1 178.1
2021 Q3 12,288 0 0 0.0
2021 Q2 13,200 3 1 227.3
2021 Q1 12,400 0 0 0.0
2020 Q4 9,080 2 2 220.3
2020 Q3 5,760 2 1 347.2
2020 Q2 9,600 1 0 104.2
2020 Q1 7,240 5 1 690.6
2019 Q4 10,460 0 0 0.0
2019 Q3 10,800 11 2 1018.5
2019 Q2 20,800 0 0 0.0
2019 Q1 18,440 4 2 216.9
2018 Q4 5,040 0 0 0.0
2018 Q3 1,040 4 1 3846.2
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 5 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 420 0 0 0.0
2015 Q2 1,465 2 0 1365.2
2015 Q1 0 3 2
2014 Q4 746 3 0 4021.4
2014 Q3 0 0 0
2014 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 80 0 0 0.0
2012 Q3 2,338 0 0 0.0
2012 Q2 2,016 0 0 0.0
2012 Q1 0 3 0
2011 Q4 2,357 0 0 0.0
2011 Q3 8,491 0 0 0.0
2011 Q2 20,159 0 0 0.0
2011 Q1 29,495 2 1 67.8
2010 Q4 26,654 0 0 0.0
2010 Q3 23,896 0 0 0.0
2010 Q2 35,082 7 4 199.5
2010 Q1 24,642 0 0 0.0
2009 Q4 12,274 12 8 977.7
2009 Q3 15,049 8 4 531.6
2009 Q2 20,667 0 0 0.0
2009 Q1 19,089 7 1 366.7
2008 Q4 17,738 2 1 112.8
2008 Q3 14,657 0 0 0.0
2008 Q2 10,305 1 0 97.0
2008 Q1 10,715 0 0 0.0
2007 Q4 11,121 0 0 0.0
2007 Q3 8,999 0 0 0.0
2007 Q2 11,209 0 0 0.0
2007 Q1 8,496 1 0 117.7
2006 Q4 6,736 0 0 0.0
2006 Q3 8,188 2 0 244.3
2006 Q2 9,327 0 0 0.0
2006 Q1 9,128 2 0 219.1
2005 Q4 7,338 1 0 136.3
2005 Q3 7,174 0 0 0.0
2005 Q2 4,636 0 0 0.0
2005 Q1 3,412 0 0 0.0
2004 Q4 1,192 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2023 · 1 incident

February 21, 2023 VA · Coal outside foreman, leadman SLIP OR FALL OF PERSON
A&G Coal Corporation · Fall from machine

EE had been checking a light on EE's Dozer, EE was attempting to get off the Dozer when EE grabbed the CB Antenna instead of the hand hold, the antenna slid causing EE to lose EE's balance and falling to the ground, EE fell approximately 7'.

2021 · 1 incident

October 14, 2021 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
A & G Coal Corporation · Over-exertion (Not Elsewhere Classified)

Employee was getting off a Rock Truck, jumped down and hurt Right ankle, this happened on 10/14/2021. Employee refused medical attention at this time. Employee waited until 10/21/2021 to go to the Dr. Employee was referred to a Ortho Dr. at this time.

2010 · 4 incidents

November 8, 2010 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
A & G Coal Corporation · Fall from machine

Employee was mounting a 785 hauler, when his foot slipped off the step causing the employee to fall to the ground, landing on his feet causing injury to his right ankle.

October 13, 2010 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
A & G Coal Corporation · Fall from machine

EE was dismounting hauler, he missed the hand rail with his left hand as he came down the ladder he fell backwards to the ground. His right foot slammed into the ground.

September 16, 2010 VA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
A & G Coal Corporation · Struck against a moving object

Employee was operating a loader when the bucket struck a solid place and bounced operator in his seat causing him to strike his head against the headrest of the seat.

March 12, 2010 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
A & G Coal Corporation · Caught in, under or between a moving and a stationary object

Employee was changing track on D-10 dozer, he was unbuckling old track when it popped loose. It pinched the left edge of employee's left hand. This caused a laceration requiring 4 stitches.