Mining Incidents

Big Branch #1: 86 MSHA citations Coal

Controlled by Robert L Clear
Coeburn, Wise County, VA  ·  Abandoned
MSHA Mine ID: 4407185

Big Branch #1 has $55K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2007
Latest incident
Mar 2007
Compliance record
MSHA citations since 2006
86
citations
52
significant & substantial
$54,602
proposed penalties
$51,902
paid to date
95% of proposed penalties paid to date, a $2,700 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
11
inspections on record
389
inspection hours
n/a
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.
Rate withheld: 389 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Big Branch #1 has $55K in proposed MSHA penalties and $0 outstanding across 1 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.
$55K
proposed penalties
$52K
current assessed
$52K
paid to date
$0
outstanding
85 assessments are final orders; 1 contested dockets.
Of $2K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2008-05-29.
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.
61.2%
significant & substantial
4.7%
high negligence or reckless
61.2%
reasonably likely or greater
52.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.7% low, 90.6% moderate, 4.7% 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.
1 citations taken to the federal commission · 1% of citations on record
  • Settled 1 · 100%
20%
Penalty reduction in decided contests
$2K proposed, $1K 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 2008-01-16.
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 2008-88 Settlement Weisberger 2009 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Big Branch #1 shows 100% of 11 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: 2007-08-08, 19 years ago
100%
within 1.5 mg/m3
11
samples
0.73
dust max (mg/m3)
11 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR3
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE3
  • BACKHOE OPERATOR2

Silica (quartz)

Last sampled: 2007-08-14, 19 years ago
13.6
silica avg (%)
2
samples
14.1
silica max (%)
Most-sampled occupations
  • BACKHOE OPERATOR2

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: 2007-08-14, 19 years ago
0%
over PEL
4
samples
Most-sampled occupations
  • BACKHOE OPERATOR1
  • BULLDOZER OPERATOR1
  • HIGHLIFT OPERATOR/FRONT END LOADER1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Big Branch #1 recorded 14.83 reportable injury cases per 100 full-time workers in 2007.

Injury rate, 2007
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.
14.83
total case rate
14.83
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
In Virginia, coal mining averaged 4.66 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.
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. Robert Clear Coal Corporation 2006 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)
2009 1
2008 5
2007 18 73,217
2006 27 41,405
Source: MSHA quarterly employment and production, updated weekly.

Big Branch #1 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
2009 Q3 0 0 0
2009 Q2 0 0 0
2009 Q1 810 0 0 0.0
2008 Q4 1,580 0 0 0.0
2008 Q3 1,968 0 0 0.0
2008 Q2 3,433 11 4 3204.2
2008 Q1 3,037 2 2 658.5
2007 Q4 2,534 0 0 0.0
Show 4 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q3 10,756 13 6 1208.6
2007 Q2 8,309 0 0 0.0
2007 Q1 18,858 42 29 2227.2
2006 Q4 13,613 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2007 · 3 incidents

March 8, 2007 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Robert Clear Coal Corporation · Fall from machine

Loader blew a hose, leaked oil, causing a fire. The EE panicked and jumped off loader, injuring his knee.

February 17, 2007 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Robert Clear Coal Corporation · Struck against a moving object

Loader operator dropped bucket onto back dump hauler truck, jerking the hauler truck operator.

February 12, 2007 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Robert Clear Coal Corporation · Fall from machine

Employee on D8N dozer cleaning windshield, slipped, fell fractured bone in leg.