Mining Incidents

Cedar Branch No 1: 221 MSHA citations Coal

Controlled by J Mark Campbell
Hurley, Buchanan County, VA  ·  Abandoned
MSHA Mine ID: 4407108

Cedar Branch No 1 has $220K in proposed MSHA penalties and $3K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
13
Years on record
2005–2014
Latest incident
Oct 2014
Compliance record
MSHA citations since 2004
221
citations
92
significant & substantial
$219,977
proposed penalties
$120,832
paid to date
55% of proposed penalties paid to date, a $99,145 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
29
inspections on record
1,441
inspection hours
15.3
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.
221 citations across 1,441 inspection hours.
Source: MSHA inspections data, updated weekly.

Cedar Branch No 1 has $220K in proposed MSHA penalties and $3K outstanding across 3 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.
$220K
proposed penalties
$124K
current assessed
$121K
paid to date
$3K
outstanding
218 assessments are final orders; 3 contested dockets.
Of $113K in penalties contested before the Commission, $17K was upheld in final decisions.
As of the most recent assessment on 2011-11-03.
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.
42.2%
significant & substantial
0.5%
high negligence or reckless
42.2%
reasonably likely or greater
9.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.9% none, 21.6% low, 77.1% moderate, 0.5% 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 7 · 100%
86%
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 7 decided S&S contests · industry: 79%
85%
Penalty reduction in decided contests
$113K proposed, $17K 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 2011-08-03.
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 2008-6 Settlement Zielinski 2009 $111K → $15K
VA 2011-608 Settlement Moran 2013 $1K → $1K
VA 2011-315 Settlement Moran 2014 $745 → $575
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Cedar Branch No 1 shows 99% of 114 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: 2011-05-31, 15 years ago
99%
within 1.5 mg/m3
114
samples
1.80
dust max (mg/m3)
74 samples taken by MSHA inspectors, 40 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR54
  • HIGHLIFT OPERATOR/FRONT END LOADER21
  • BULLDOZER OPERATOR19

Silica (quartz)

Last sampled: 2010-06-22, 16 years ago
23.5
silica avg (%)
16
samples
43.2
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR8
  • BULLDOZER OPERATOR6
  • HIGHLIFT OPERATOR/FRONT END LOADER2

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: 2011-05-31, 15 years ago
11%
over PEL
44
samples
Most-sampled occupations
  • BULLDOZER OPERATOR14
  • HIGHLIFT OPERATOR/FRONT END LOADER14
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
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
2011 100% 9
2010 100% 12
2009 100% 22
2008 100% 17
2007 96% 26
2006 100% 15
2005 100% 10
2004 100% 3
Silica (quartz) by year
Year silica avg (%) samples
2010 31.0 1
2009 27.8 4
2008 13.7 3
2007 24.9 2
2006 23.8 3
2005 23.7 3
Noise by year
Year over PEL samples
2011 0% 5
2009 20% 15
2008 20% 5
2007 0% 5
2006 0% 5
2005 17% 6
2004 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Cedar Branch No 1 recorded 0.00 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Virginia, coal mining averaged 3.41 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
2011 * 0.00 0.00 0.000
2010 * 9.64 9.64 0.000
2009 * 4.57 4.57 0.000
2008 * 2.06 0.00 0.000
2007 * 2.44 2.44 0.000
2006 * 4.76 4.76 0.000
2005 * 3.16 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. Clintwood Elkhorn Mining 2004 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)
2011 12 28,802
2010 16 73,738
2009 33 194,550
2008 33 256,115
2007 29 272,136
2006 29 265,646
2005 24 198,903
2004 4 3,484
Source: MSHA quarterly employment and production, updated weekly.

Cedar Branch No 1 sits in Buchanan County, Virginia, where the Census mining category is 11.2% 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.
Buchanan County, Virginia · Population 19,857
11.2%
Mining share of county employment
$42,216
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
2011 Q4 1,005 3 2 2985.1
2011 Q3 5,563 0 0 0.0
2011 Q2 8,832 5 3 566.1
2011 Q1 13,666 11 6 804.9
2010 Q4 13,479 0 0 0.0
2010 Q3 11,712 0 0 0.0
2010 Q2 9,106 4 4 439.3
2010 Q1 7,204 0 0 0.0
Show 21 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q4 10,002 11 4 1099.8
2009 Q3 16,601 1 0 60.2
2009 Q2 30,084 30 11 997.2
2009 Q1 30,869 3 3 97.2
2008 Q4 26,464 14 3 529.0
2008 Q3 24,472 0 0 0.0
2008 Q2 25,365 33 11 1301.0
2008 Q1 20,924 2 2 95.6
2007 Q4 22,102 20 10 904.9
2007 Q3 20,435 1 0 48.9
2007 Q2 18,014 10 4 555.1
2007 Q1 21,400 1 0 46.7
2006 Q4 21,852 5 1 228.8
2006 Q3 21,842 2 1 91.6
2006 Q2 20,955 12 7 572.7
2006 Q1 19,458 0 0 0.0
2005 Q4 18,108 12 6 662.7
2005 Q3 20,255 10 3 493.7
2005 Q2 18,079 0 0 0.0
2005 Q1 6,923 0 0 0.0
2004 Q4 2,870 2 1 696.9
No fatalities recorded at this mine.

Reportable incidents

13 on file

2014 · 1 incident

October 8, 2014 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DUST DISEASE OF LUNGS
Clintwood Elkhorn Mining · Inhalation of radiations, caustics, toxic and noxious substances

Black Lung

2011 · 1 incident

October 10, 2011 VA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Clintwood Elkhorn Mining · Struck by... (Not Elsewhere Classified)

Employee of Ball Service Inc. was working a come-a-long for a guide wire that had been tore out by an excavator. When EE pushed down on the com-a-long, the catch never caught on the com-a-long and flew back and hit him in the right jaw. EE had to have 3 stitches inside of his jaw and 5 stitches on the outside.

2010 · 2 incidents

October 8, 2010 VA · Coal pumper SLIP OR FALL OF PERSON
Clintwood Elkhorn Mining · Over-exertion (Not Elsewhere Classified)

Lube Truck operator was pulling hose off reel on lube truck and stepped into a hole, twisting his left leg and hip. Starting missing work on 10/11/10.

February 4, 2010 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Clintwood Elkhorn Mining · Fall from machine

While dumping R-85 Eculid rock truck, main hydraulic hose burst, oil caught fire on hot exhaust. Flames were around cab. Operator did not set brake or stop engine. He exited cab started down ladder, jumped from third step, injured right leg.

2009 · 3 incidents

July 30, 2009 VA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Clintwood Elkhorn Mining · Fall from machine

Injury was stepping from the cab platform of 992C Caterpillar enloader down to the step to descent step foot slipped and he fell down steps

May 20, 2009 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Clintwood Elkhorn Mining · Struck against a moving object

Injured was operating a back dump, loader operator was dumping his bucket which had a big rock, when the rock went in the bed, he said that it stood up then fell over, jarring his back.

February 17, 2009 VA · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Clintwood Elkhorn Mining · Struck by... (Not Elsewhere Classified)

Pulling grease hose off reel through door at rear of service truck, handle got caught on door, depressed lever and grease was injected into left hand between middle and ring finger.

2008 · 2 incidents

December 9, 2008 VA · Coal quality control technician, laboratory technician, laboratory assistant HANDLING OF MATERIALS
Clintwood Elkhorn Mining · Over-exertion (Not Elsewhere Classified)

Technician strained shoulder while installing top center pin on a 992G.

October 10, 2008 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Clintwood Elkhorn Mining · Caught in, under or between a moving and a stationary object

Employee was helping the mechanic put the track back on the D-10N. He had a slate bar, trying to pry the clamp when the slate bar slipped out of the hole, mashing his finger against the track.

2007 · 1 incident

2006 · 2 incidents

November 13, 2006 VA · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Clintwood Elkhorn Mining · Struck by flying object

Employee was cutting wire and a piece of the wire came back and hit him in the eye. Started missing work 11/14/2006.

February 21, 2006 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Clintwood Elkhorn Mining · Over-exertion (Not Elsewhere Classified)

Jumped off dozer twisting left knee.

2005 · 1 incident

August 27, 2005 VA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Clintwood Elkhorn Mining · Fall onto or against objects

EE WAS CLIMBING ON LOADER WHEN HIS FOOT SLIPPED CAUSING HIM TO HIT HIS MOUTH ON THE CATWALK REQUIRING STITCHES.