Mining Incidents

Bishop Impoundment Area Coal

Controlled by James C Justice III
(Near Bishop Tazewell), Mcdowell County, WV  ·  Active
MSHA Mine ID: 4602380

Bishop Impoundment Area has $429K in proposed MSHA penalties and $224K outstanding across 37 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
17
Years on record
1984–2025
Latest incident
Oct 2025
Compliance record
MSHA citations since 2011
491
citations
145
significant & substantial
$428,570
proposed penalties
$158,781
paid to date
37% of proposed penalties paid to date, a $269,788 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
164
inspections on record
4,616
inspection hours
10.6
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.
491 citations across 4,616 inspection hours.
Source: MSHA inspections data, updated weekly.

Bishop Impoundment Area has $429K in proposed MSHA penalties and $224K outstanding across 37 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.
$429K
proposed penalties
$382K
current assessed
$159K
paid to date
$224K
outstanding
435 assessments are final orders; 37 contested dockets.
As of the most recent assessment on 2025-11-06.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.

MSHA sampling at Bishop Impoundment Area shows respirable coal dust averaging 0.25 mg/m3 (98% compliant) across 116 samples.

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.
0.25
dust avg (mg/m3)
1.71
dust max (mg/m3)
98%
within 1.5 mg/m3
116
samples
Most recent sample: 2026-06-10.
Silica (quartz)
20.3
silica avg (%)
33.4
silica max (%)
15
samples
Most recent sample: 2026-06-23.
Noise
2%
over PEL
53
samples
Most recent sample: 2026-06-10.
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
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
2025 Q4 18,713 28 12 1496.3
2025 Q3 27,267 9 1 330.1
2025 Q2 20,938 0 0 0.0
2024 Q4 18,900 8 5 423.3
2024 Q3 4,951 14 8 2827.7
2024 Q2 0 0 0
2023 Q3 0 0 0
2023 Q1 0 0 0
Show 70 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2022 Q2 0 7 6
2022 Q1 2,800 58 5 20714.3
2021 Q4 0 0 0
2021 Q3 14,604 1 0 68.5
2021 Q2 4,608 2 0 434.0
2021 Q1 260 6 0 23076.9
2020 Q4 11,067 3 0 271.1
2020 Q2 4,753 0 0 0.0
2020 Q1 2,446 0 0 0.0
2019 Q4 18,271 11 1 602.0
2019 Q3 8,869 34 10 3833.6
2019 Q2 5,569 2 0 359.1
2019 Q1 806 0 0 0.0
2018 Q3 8,067 1 0 124.0
2018 Q1 21,360 14 5 655.4
2017 Q4 36,605 15 3 409.8
2017 Q3 29,760 14 5 470.4
2017 Q2 38,959 1 0 25.7
2017 Q1 30,966 17 8 549.0
2016 Q4 23,750 0 0 0.0
2016 Q3 1,702 0 0 0.0
2016 Q2 1,241 2 0 1611.6
2016 Q1 2,297 2 0 870.7
2015 Q4 3,444 0 0 0.0
2015 Q3 8,192 7 1 854.5
2015 Q2 10,399 2 0 192.3
2015 Q1 10,995 1 0 91.0
2014 Q3 23,164 11 2 474.9
2014 Q2 23,374 1 0 42.8
2014 Q1 52,409 3 1 57.2
2013 Q4 38,847 24 6 617.8
2013 Q3 58,154 6 2 103.2
2013 Q2 54,417 28 11 514.5
2013 Q1 49,877 9 0 180.4
2012 Q4 27,181 6 2 220.7
2012 Q3 40,759 14 6 343.5
2012 Q2 43,324 16 7 369.3
2012 Q1 30,788 12 10 389.8
2011 Q4 38,895 6 2 154.3
2011 Q3 0 2 2
2011 Q2 0 0 0
2011 Q1 0 0 0
2010 Q4 0 0 0
2010 Q3 0 0 0
2010 Q2 0 0 0
2010 Q1 0 0 0
2009 Q4 0 0 0
2009 Q3 0 0 0
2009 Q2 0 0 0
2009 Q1 0 0 0
2008 Q4 0 0 0
2008 Q3 0 0 0
2008 Q2 0 0 0
2008 Q1 0 0 0
2007 Q4 0 0 0
2007 Q3 0 0 0
2007 Q2 0 0 0
2006 Q3 0 0 0
2006 Q2 127 0 0 0.0
2006 Q1 11 0 0 0.0
2005 Q4 21 0 0 0.0
2005 Q3 140 0 0 0.0
2005 Q2 15 0 0 0.0
2005 Q1 12 0 0 0.0
2004 Q4 0 0 0
2004 Q3 0 0 0
2004 Q2 6 0 0 0.0
2004 Q1 6 0 0 0.0
2000 Q2 0 0 0
2000 Q1 0 0 0

Fatalities at this mine

1 recorded
February 27, 2017 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator Fatality · SLIP OR FALL OF PERSON
Chestnut Land Holdings, LLC · Fall from ladders

Employee was last observed as employee began to ascend an extension ladder. There is no eye witness, it is apparent the employee fell approximately 20ft. onto a moving conveyor belt and was fatally injured.

Reportable incidents

16 on file (excluding fatalities above)

2025 · 1 incident

October 4, 2025 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver OTHER
Chestnut Land Holdings, LLC · (Not Elsewhere Classified)

EE was operating Rock Truck when EE started having trouble breathing., EE contacted the Foreman, the Foreman went and picked up EE, The Foreman called an ambulance and continued to the mine entrance to wait for the ambulance, EE stated EE had Heart problems. EE died of an apparent Heart Attack due EE's medical conditions.

2014 · 1 incident

July 14, 2014 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Chestnut Land Holdings, LLC · Struck against stationary object

Pulling steel cable and bur went in hand

2013 · 7 incidents

September 14, 2013 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Chestnut Land Holdings, LLC · Contact with hot objects or substances

Employee heated a can of soup on truck engine and when he opened the can it exploded burning his face.

May 1, 2013 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Chestnut Land Holdings, LLC · Over-exertion (Not Elsewhere Classified)

Climbing steps on shovel preparing to change cables. Stepped up and foot stayed stable and straight, but knee twisted.

April 30, 2013 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Chestnut Land Holdings, LLC · Struck against stationary object

The employee and two co-workers were pulling conveyor sheets from a box and one sheet slipped, striking the employee's right hand and cutting his index finger. The employee obtained medical treatment, received stitches to his index finger, and returned to work with no restrictions on his next scheduled day, 5/1/13.

April 8, 2013 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Chestnut Land Holdings, LLC · Over-exertion (Not Elsewhere Classified)

Employee was assisting a mechanic change a tire and when tire became dislodged, employee lost his balance. In an attempt to break his fall, he twisted and felt a pull in his lower back.

February 17, 2013 WV · Coal miner, prospector, nec SLIP OR FALL OF PERSON
Chestnut Land Holdings, LLC · Fall to the walkway or working surface

Employee states he slipped on icy ground hurting his lower back and right elbow. The injury wasn't reported to this office until 2/20/13. Employee sought medical attention on 2/20/13 for his lower back pain and was referred to an orthopedic specialist. That appt is scheduled for 3/11/13.

January 15, 2013 WV · Coal electrician, lineman HANDLING OF MATERIALS
Chestnut Land Holdings, LLC · Over-exertion in lifting objects

Employee states he was loading aluminum wire trays on a truck and felt pain in right shoulder when he pulled 2 pieces from the stack to load. Employee did not seek medical treatment until 01/21/2013, at which time the injury was then reported to this office. Employee placed on modified duty.

2012 · 2 incidents

August 14, 2012 WV · Coal grader operator, roadgrader operator HANDLING OF MATERIALS
Chestnut Land Holdings, LLC · Over-exertion in lifting objects

Victim was priming a pump and while picking up a 5 gallon bucket of water felt a pull in his neck and right shoulder.

June 7, 2012 WV · Coal miner, prospector, nec POWERED HAULAGE
Chestnut Land Holdings, LLC · Struck against a moving object

While using a manlift to attach plywood to spirals, employee states that he unknowingly lowered the manlift boom on the corner of the opposing spiral frame. When he swung the boom out, it dropped off the frame causing the employee to hit his rib/chest area on the rail of the manlift basket. The employee received medical treatment and was placed on modified duty.

2000 · 1 incident

1986 · 1 incident

April 17, 1986 WV · Coal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger DISORDERS (REPEATED TRAUMA)
Consolidation Coal Company · Unclassified, insufficient data

RECEIVED A LETT9R AWARDING A 21, HEARING LOSS FROM COMPENSATION COMMISSIONER.

1985 · 2 incidents

September 13, 1985 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech DISORDERS (REPEATED TRAUMA)
Bishop Coal Company · (Not Elsewhere Classified)

RECEIVED A LETTER FROM COMPENSATION AWARDING THIS EMPLOYEE 10 1/4% HEARING LOSS.

August 23, 1985 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech DUST DISEASE OF LUNGS
Bishop Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

RECEIVED A LETTER FROM THE COMPENSATION COMMISSIONER AWARDING 5% OCCUPATIONAL ILLNESS

1984 · 1 incident

October 8, 1984 WV · Coal DUST DISEASE OF LUNGS
Bishop Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

OCCUPATIONAL ILLNESS-DUST LUNGS.

For insurers, brokers, and safety consultants

The full compliance file on Bishop Impoundment Area

A dated report covering the 26-year penalty trail, line-item violation pattern, contest and docket posture, rate-normalized peer benchmark, and full fatality history. Delivered as a PDF with the underlying data as CSV.