Mining Incidents

Bismarck Mine: 243 MSHA citations Coal

Vindex Energy LLC · Surface
Controlled by Arch Resources Inc
Mt. Storm, Grant County, WV  ·  Abandoned
MSHA Mine ID: 4609369

Bismarck Mine has $130K in proposed MSHA penalties and $0 outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
10
Years on record
2010–2015
Latest incident
Jun 2015
Compliance record
MSHA citations since 2010
243
citations
63
significant & substantial
$129,932
proposed penalties
$100,603
paid to date
77% of proposed penalties paid to date, a $29,329 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
75
inspections on record
3,845
inspection hours
6.3
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.
243 citations across 3,845 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
2
Section 107(a) orders
Most recent order: 2010-10-05.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Bismarck Mine has $130K in proposed MSHA penalties and $0 outstanding across 6 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.
$130K
proposed penalties
$101K
current assessed
$101K
paid to date
$0
outstanding
238 assessments are final orders; 6 contested dockets.
Of $98K in penalties contested before the Commission, $62K was upheld in final decisions.
As of the most recent assessment on 2016-10-24.
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.
26.5%
significant & substantial
1.3%
high negligence or reckless
26.5%
reasonably likely or greater
8.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 28.6% low, 70.2% moderate, 1.3% 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.
7 citations taken to the federal commission · 3% of citations on record
  • Settled 6 · 86%
  • Vacated or withdrawn 1 · 14%
67%
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 6 decided S&S contests · industry: 79%
36%
Penalty reduction in decided contests
$102K proposed, $65K 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 2014-03-27.
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 2012-741 Settlement Feldman 2015 $70K → $50K
WEVA 2011-2022 Settlement Lesnick 2012 $11K → $5K
WEVA 2011-2006 Settlement Lesnick 2012 $6K → $4K
WEVA 2012-608 Settlement Feldman 2015 $5K → $4K
WEVA 2012-981 Withdrawal Feldman 2013 $4K → $0
WEVA 2012-557 Settlement Lesnick 2014 $1K → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Bismarck Mine shows 93% of 332 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: 2016-11-07, 9 years ago
93%
within 1.5 mg/m3
332
samples
6.55
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.
166 samples taken by MSHA inspectors, 166 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR155
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)25
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)23

Silica (quartz)

Last sampled: 2015-07-07, 11 years ago
4.6
silica avg (%)
20
samples
8.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR11

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: 2016-11-07, 9 years ago
7%
over PEL
45
samples
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)7
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)7
  • CONTINUOUS MINER OPERATOR6
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
2016 100% 3
2015 100% 41
2012 97% 132
2011 90% 134
2010 77% 22
Silica (quartz) by year
Year silica avg (%) samples
2015 3.4 6
2012 4.7 5
2011 5.1 4
2010 5.6 5
Noise by year
Year over PEL samples
2016 0% 2
2015 0% 9
2012 8% 24
2011 0% 6
2010 25% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bismarck Mine recorded 3.45 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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.
3.45
total case rate
3.45
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In West Virginia, coal mining averaged 4.13 cases per 100 workers that year.
Year total case rate days-away fatal
2012 3.45 3.45 0.000
2011 4.71 1.57 0.000
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. Vindex Energy Corp, 2010 to 2014
  2. Taylor Minerals, Inc. 2014 to 2015
  3. Vindex Energy LLC 2015 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)
2017 3
2016 2
2015 19 51,431
2014 3
2013 3 304
2012 47 132,974
2011 50 119,574
2010 12 5,017
Source: MSHA quarterly employment and production, updated weekly.

Bismarck Mine sits in Grant County, West Virginia, where the Census mining category is 1.9% 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.
Grant County, West Virginia · Population 10,972
1.9%
Mining share of county employment
$61,530
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
2017 Q1 1,201 0 0 0.0
2016 Q4 967 1 0 1034.1
2016 Q2 40 0 0 0.0
2016 Q1 340 1 0 2941.2
2015 Q4 240 4 0 16666.7
2015 Q2 16,977 21 1 1237.0
2014 Q3 1,449 1 0 690.1
2014 Q2 1,556 2 0 1285.3
Show 16 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q1 1,580 1 0 632.9
2013 Q4 1,550 1 0 645.2
2013 Q3 1,667 1 0 599.9
2013 Q2 2,044 3 0 1467.7
2013 Q1 1,513 1 0 660.9
2012 Q4 10,526 13 4 1235.0
2012 Q3 28,445 15 5 527.3
2012 Q2 41,065 10 1 243.5
2012 Q1 35,982 29 9 806.0
2011 Q4 33,585 17 6 506.2
2011 Q3 35,961 19 7 528.4
2011 Q2 37,249 14 2 375.8
2011 Q1 20,712 18 1 869.1
2010 Q4 14,003 19 13 1356.9
2010 Q3 4,975 6 3 1206.0
2010 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

10 on file

2015 · 1 incident

June 24, 2015 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Taylor Minerals, Inc. · Struck by... (Not Elsewhere Classified)

EE was using a 3 lbs. hammer to insert a chain link pin into the conveyor chain of a buggy. Struck left hand ring finger on chain sprocket breaking finger near top knuckle.

2012 · 2 incidents

August 3, 2012 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
Vindex Energy Corp, · Over-exertion (Not Elsewhere Classified)

Due to horseplay, injured EE was pushed, lost his balance & twisted his shoulder as he caught himself. Dr. determined EE had strained shoulder muscle which resulted in 1st aid incident. He was revaluated by an orthopedic surgeon & determined to have a torn rotator cuff. Surgery conducted on 1/17/13. At a follow up on 1/21/13 the dr wouldn't release back to modified work.

April 27, 2012 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss FALL OF ROOF OR BACK
Vindex Energy Corp, · Struck by falling object

While scaling loose material from the corner of the #4 Entry at the #21 Block, employee was struck by loose material in the right lower leg. Resulted in a fracture to the second metatarsal on the right foot. X-Ray could not be confirmed until 4/30/2012 due to inflammation. Employee worked on modified job duty until 5/7/2012 then went out as LTA due to Corporate policy.

2011 · 5 incidents

November 3, 2011 WV · Coal utility man, errand boy, service truck operator OTHER
Vindex Energy Corp, · (Not Elsewhere Classified)

EE felt sick at work and wanted to go home. His daughter came and picked him up and took him to the doctor. Drs at hospital thought he had a mild heart attack. At that time company reported to MSHA. The following day it was determined that it was not a heart attack but his gallbladder.

October 20, 2011 WV · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Vindex Energy Corp, · Over-exertion in lifting objects

The bolter blower had been repaired and the lids were ready to be replaced. EE injured was assisting another EE to lift the lids back into place. He bent down to lift up the lids and while lifting turned slightly. Upon turning he felt a pull in the lower left side of his back and dropped down to one knee in pain. The EE was transported to area hospital for medical evaluation.

September 1, 2011 WV · Coal utility man, errand boy, service truck operator SLIP OR FALL OF PERSON
Vindex Energy Corp, · Fall onto or against objects

Upon further investigation it was noted that the principal injured fell, striking his head on the batteries as a result of horseplay. The injured employee jumped on the back of another employee & he fell to the ground when the uninvolved employee leaned forward. When the principal injured fell forward this resulted in a small laceration above his left eye which required 2 sutures.

August 30, 2011 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Vindex Energy Corp, · Caught in, under or between a moving and a stationary object

The employee was seriously injured when he was caught between the rib in the #9 heading and the #2 roof bolter machine being operated in the No. 1 North East Main Section. The bolter was hung up and was being pulled by a scoop. The roof bolter slid to the left pinning the employee. The employee sustained a fractured pelvis and required hospitalization as a result.

August 8, 2011 WV · Coal belt foreman, maintenance foreman, maintenance supervisor HANDTOOLS (NONPOWERED)
Vindex Energy Corp, · Struck by falling object

Principal injured was removing the service jack off the side of the #2 Shuttle Car. He took bolts out of the jack and was removing for maintenance. The jack fell pinching his hand against shuttle car and lacerating middle finger. Employee cleaned and bandaged the wound and completed his shift. He later visited a physician and received thirteen stitches to his middle finger.

2010 · 2 incidents

December 23, 2010 WV · Coal utility man, errand boy, service truck operator HANDLING OF MATERIALS
Vindex Energy Corp, · Struck by falling object

The miner was assisting in the installation of a Heintzmann beam when it fell from the king rail and struck in on the left hand breaking one of his fingers.

December 23, 2010 WV · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Vindex Energy Corp, · Struck by falling object

The miner was assisting in the installation of a Heintzmann beam when it fell from the king rail and struck him on the left hand breaking one of his fingers.