Mining Incidents

Bishop Impoundment Area: 1 recorded fatality Coal

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

Bishop Impoundment Area has $438K in proposed MSHA penalties and $233K 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
$437,734
proposed penalties
$158,781
paid to date
36% of proposed penalties paid to date, a $278,952 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
165
inspections on record
4,644
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 4,644 inspection hours.
Source: MSHA inspections data, updated weekly.

Bishop Impoundment Area has $438K in proposed MSHA penalties and $233K 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.
$438K
proposed penalties
$392K
current assessed
$159K
paid to date
$233K
outstanding
445 assessments are final orders; 37 contested dockets.
Of $197K in penalties contested before the Commission, $121K was upheld in final decisions.
As of the most recent assessment on 2026-04-27.
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.
32.6%
significant & substantial
11.5%
high negligence or reckless
32.6%
reasonably likely or greater
36.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.0% low, 68.5% moderate, 11.2% high, 0.2% 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.
190 citations taken to the federal commission · 39% of citations on record
  • Settled 177 · 93%
  • Stood as issued 11 · 6%
  • Vacated or withdrawn 2 · 1%
88%
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 56 decided S&S contests · industry: 79%
40%
Penalty reduction in decided contests
$202K proposed, $121K 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 2022-10-12.
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
WEVA 2015-0879 Settlement Rae 2016 $29K → $2K
WEVA 2022-0472 Settlement Lewis 2022 $19K → $11K
WEVA 2020-0282 Settlement Lewis 2021 $15K → $12K
WEVA 2022-0329 Settlement Bulluck 2023 $13K → $9K
WEVA 2014-0595 Dismissal Miller 2015 $12K → $12K
WEVA 2020-0157 Settlement Lewis 2021 $11K → $5K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Bishop Impoundment Area shows 98% of 116 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: 2026-06-10
98%
within 1.5 mg/m3
116
samples
1.71
dust max (mg/m3)
2
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.
102 samples taken by MSHA inspectors, 14 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR31
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE22
  • BULLDOZER OPERATOR20

Silica (quartz)

Last sampled: 2026-06-23
20.3
silica avg (%)
15
samples
33.4
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR9
  • BULLDOZER OPERATOR5
  • UTILITY MAN1

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: 2026-06-10
2%
over PEL
53
samples
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR13
  • BULLDOZER OPERATOR7
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE7
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
2026 100% 5
2025 89% 9
2024 100% 7
2022 100% 4
2021 67% 3
2020 100% 4
2019 100% 11
2018 100% 5
2017 100% 29
2016 100% 3
2015 100% 3
2014 100% 10
2013 100% 15
2012 100% 5
2011 100% 3
Silica (quartz) by year
Year silica avg (%) samples
2026 20.6 1
2024 27.6 1
2022 15.9 2
2019 7.6 3
2017 25.1 8
Noise by year
Year over PEL samples
2026 0% 3
2025 0% 4
2024 0% 4
2022 0% 4
2021 0% 3
2020 0% 3
2017 8% 12
2015 0% 3
2013 0% 10
2012 0% 5
2011 0% 2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bishop Impoundment Area recorded 0.00 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
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 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
In West Virginia, coal mining averaged 4.51 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
2019 * 0.00 0.00 0.000
2017 1.47 1.47 1.467
2016 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2013 3.97 3.97 0.000
2012 1.41 1.41 0.000
2011 * 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. Bishop Coal Company 1950 to 1985
  2. Consolidation Coal Company 1985 to 2011
  3. Chestnut Land Holdings, LLC 2011 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 38 1,245
2025 41 53,678
2024 14 7,475
2023 0
2022 16 1,141
2021 10 1,100
2020 12 150
2019 14 11,536
2018 32 15,000
2017 57 408,897
2016 11 25,000
2015 18 6,850
2014 70 79,098
2013 85 351,987
2012 64 129,618
2011 15 15,644
2010 0
2009 0
2008 0
2007 0
2006 1
2005 2
2004 1
2000 0
Source: MSHA quarterly employment and production, updated weekly.

Bishop Impoundment Area sits in McDowell County, West Virginia, where the Census mining category is 13.0% 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.
McDowell County, West Virginia · Population 18,413
13.0%
Mining share of county employment
$29,980
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 14,641 10 6 683.0
2026 Q1 23,398 0 0 0.0
2025 Q4 18,713 23 8 1229.1
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
Show 72 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q3 0 0 0
2023 Q1 0 0 0
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 23 4 2593.3
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 4 0 488.3
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 2 1 38.2
2013 Q4 38,847 21 5 540.6
2013 Q3 58,154 6 2 103.2
2013 Q2 54,417 11 6 202.1
2013 Q1 49,877 6 0 120.3
2012 Q4 27,181 4 1 147.2
2012 Q3 40,759 12 4 294.4
2012 Q2 43,324 15 7 346.2
2012 Q1 30,788 12 10 389.8
2011 Q4 38,895 5 1 128.6
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.