What are CW Barger Operations,LLC's MSHA penalties?

CW Barger Operations,LLC has $37K in proposed MSHA penalties on record, with $0 currently outstanding across 10 contested dockets.

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CW Barger Operations,LLC: 171 MSHA citations Metal/Non-Metal

CW Barger Operations, LLC · Surface

Controlled by Salem Stone Corporation

Lexington, Rockbridge County, VA · Active

MSHA Mine ID: 4404046

CW Barger Operations,LLC has $37K in proposed MSHA penalties and $0 outstanding across 10 contested dockets, plus health sampling and the full incident record.

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Fatalities: 0
Total incidents: 14
Years on record: 1988–2021
Latest incident: May 2021

Compliance record

MSHA citations since 2000

171

citations

significant & substantial

$36,991

proposed penalties

$31,728

paid to date

86% of proposed penalties paid to date, a $5,263 gap.

Source: MSHA violations data, updated weekly.

Inspection activity

MSHA inspections since 2000

inspections on record

1,660

inspection hours

10.3

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.

171 citations across 1,660 inspection hours.

Source: MSHA inspections data, updated weekly.

Penalty disposition

ⓘ

Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.

$37K

proposed penalties

$32K

current assessed

$32K

paid to date

outstanding

169 assessments are final orders; 10 contested dockets.

Of $15K in penalties contested before the Commission, $9K was upheld in final decisions.

As of the most recent assessment on 2026-06-29.

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.

25.3%

significant & substantial

10.0%

high negligence or reckless

26.5%

reasonably likely or greater

66.5%

permanently disabling or fatal if injury occurs

Negligence coding: 0.0% none, 20.0% low, 70.0% moderate, 10.0% 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.

16 citations taken to the federal commission · 9% of citations on record

Settled 13 · 81%
Stood as issued 3 · 19%

57%

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 14 decided S&S contests · industry: 79%

43%

Penalty reduction in decided contests

$9K proposed, $5K 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 2020-05-14.

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
WEVA20030096M	Default	Lesnick	2003	$3K → $3K
VA 20030019M	Settlement	Schroeder	2003	$2K → $1K
VA 2020-0047	Settlement	Moran	2021	$2K → $1K
VA 2015-0113	Settlement	Feldman	2015	$2K → $1K
VA 2020-0022	Default		2020	$1K → $1K
VA 2016-0169	Settlement	Steele	2017	$955 → $475

Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

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.

Metal and nonmetal contaminants (personal samples)

ⓘ
Many samples are screening measurements of substances with no applicable exposure limit; they are counted as samples but excluded from every over-limit figure. Over-limit shares use only limit-tested samples.

Last sampled: 2026-08-26

10%

of limit-tested samples over the exposure limit

samples

limit-tested

Most sampled contaminants

Quartz, respirable, >1% Qtz212 over
Respirable dust, <.1mg15
Nuisance dust, respirable, <1% Qtz3
Unlisted Particulate, respirable, <1% Qtz2

Show the individual readings (41)

Date	Contaminant	Concentration	Limit	Conc / limit	Occupation
2007-11-06	Quartz, respirable, >1% Qtz	1.53	1.1	1.39	Drill Operator, Rotary
2004-04-06	Quartz, respirable, >1% Qtz	1.07	1.05	1.02	Crusher Oper/Worker
2026-08-26	Respirable dust, <.1mg	0			Rotary Bucket Ex. Operator
2026-08-26	Quartz, respirable, >1% Qtz	0.49	0.98	0.50	Dry Screen Plant Operator
2026-08-26	Quartz, respirable, >1% Qtz	0.23	1.18	0.19	Truck Driver
2026-08-26	Respirable dust, <.1mg	0			Front-end Loader Operator
2025-09-23	Quartz, respirable, >1% Qtz	0.59	1.25	0.47	Crusher Oper/Worker
2025-09-23	Quartz, respirable, >1% Qtz	0.2			Truck Driver
2025-09-23	Respirable dust, <.1mg	0			Rotary Bucket Ex. Operator
2023-08-22	Respirable dust, <.1mg	0			Front-end Loader Operator
2023-08-22	Respirable dust, <.1mg	0			Mechanic
2023-08-22	Respirable dust, <.1mg	0			Jackhammer Operator
2023-08-22	Respirable dust, <.1mg	0			Laborer, Bullgang
2021-05-26	Quartz, respirable, >1% Qtz	0.45			Dry Screen Plant Operator
2021-05-26	Nuisance dust, respirable, <1% Qtz	0.21	10	0.02	Rotary Bucket Ex. Operator
2021-05-26	Nuisance dust, respirable, <1% Qtz	0.49	10	0.05	Truck Driver
2018-12-12	Unlisted Particulate, respirable, <1% Qtz	1.09			Rotary Bucket Ex. Operator
2018-12-12	Respirable dust, <.1mg	0			Mechanic
2018-12-12	Quartz, respirable, >1% Qtz	0.15			Truck Driver
2018-12-12	Quartz, respirable, >1% Qtz	0.32			Crusher Oper/Worker
2017-03-01	Respirable dust, <.1mg	0			Front-end Loader Operator
2017-03-01	Respirable dust, <.1mg	0			Mechanic
2017-03-01	Quartz, respirable, >1% Qtz	0.23	1.63	0.14	Utility Man
2013-09-05	Quartz, respirable, >1% Qtz	0.15	1.47	0.10	Crusher Oper/Worker
2013-09-05	Unlisted Particulate, respirable, <1% Qtz	0.15			Drill Operator, Rotary
2013-09-05	Respirable dust, <.1mg	0			Front-end Loader Operator
2008-01-23	Quartz, respirable, >1% Qtz	0.51	3.13	0.16	Drill Operator, Rotary
2007-11-06	Quartz, respirable, >1% Qtz	0.21	1.04	0.20	Crusher Oper/Worker
2005-01-06	Quartz, respirable, >1% Qtz	0.27	0.9	0.30	Crusher Oper/Worker
2004-04-06	Quartz, respirable, >1% Qtz	0.91	1.35	0.67	Truck Driver
2004-04-06	Quartz, respirable, >1% Qtz	0.48	0.72	0.67	Front-end Loader Operator
2003-04-24	Quartz, respirable, >1% Qtz	0.39	2.07	0.19	Backhoe Operator
2003-04-24	Respirable dust, <.1mg	0			Mechanic
2003-04-24	Respirable dust, <.1mg	0			Front-end Loader Operator
2003-04-24	Quartz, respirable, >1% Qtz	0.36	1.76	0.20	Backhoe Operator
2003-04-24	Quartz, respirable, >1% Qtz	0.84	1.13	0.74	Crusher Oper/Worker
2002-11-06	Respirable dust, <.1mg	0			Truck Driver
2002-11-06	Nuisance dust, respirable, <1% Qtz	1	10	0.10	Hammer Mill Operator
2002-11-06	Quartz, respirable, >1% Qtz	0.5	1.5	0.33	Crusher Oper/Worker
2002-11-06	Respirable dust, <.1mg	0			Front-end Loader Operator
2002-11-06	Quartz, respirable, >1% Qtz	0.35	2.27	0.15	Drill Operator, Rotary

Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly. Metal/nonmetal contaminant figures come from MSHA's Personal Health Samples and Area Samples files (public record), updated weekly.

Injury rate, 2013

ⓘ

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

No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.

Below average. The US metal and nonmetal mining average was 2.46 and the all-US-mining average was 2.99 cases per 100 workers.

In Virginia, metal and nonmetal mining averaged 2.40 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
2013 *	0.00	0.00	0.000
2008 *	0.00	0.00	0.000
2007 *	0.00	0.00	0.000
2006 *	0.00	0.00	0.000
2005 *	0.00	0.00	0.000
2004 *	0.00	0.00	0.000
2003 *	0.00	0.00	0.000
2002 *	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

Charles W Barger & Son Construction Co Inc 1950 to 2025
CW Barger Operations, LLC 2026 to present

Source: MSHA controller and operator history, updated weekly.

Workforce and production

Year	Employees
2026	9
2025	9
2024	9
2023	9
2022	9
2021	9
2020	11
2019	10
2018	10
2017	10
2016	10
2015	11
2014	10
2013	11
2012	12
2011	12
2010	10
2009	12
2008	13
2007	14
2006	14
2005	16
2004	16
2003	17
2002	14
2001	14
2000	14

Source: MSHA quarterly employment and production, updated weekly.

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.

Rockbridge County, Virginia · Population 22,578

0.1%

Mining share of county employment

$63,975

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	3,380	1	1	295.9
2026 Q1	3,599	4	0	1111.4
2025 Q4	3,046	0	0	0.0
2025 Q3	3,281	0	0	0.0
2025 Q2	3,017	0	0	0.0
2025 Q1	2,903	0	0	0.0
2024 Q4	3,262	0	0	0.0
2024 Q3	3,241	0	0	0.0

Show 98 earlier quarters

Quarter	Hours worked	Citations	S&S	Per 1M hrs
2024 Q2	3,318	3	0	904.2
2024 Q1	3,590	0	0	0.0
2023 Q4	3,473	8	1	2303.5
2023 Q3	2,998	0	0	0.0
2023 Q2	3,227	0	0	0.0
2023 Q1	3,287	0	0	0.0
2022 Q4	2,888	0	0	0.0
2022 Q3	3,388	0	0	0.0
2022 Q2	3,182	6	0	1885.6
2022 Q1	3,068	4	0	1303.8
2021 Q4	3,760	0	0	0.0
2021 Q3	4,138	0	0	0.0
2021 Q2	4,082	4	2	979.9
2021 Q1	3,803	3	0	788.9
2020 Q4	4,064	0	0	0.0
2020 Q3	4,169	0	0	0.0
2020 Q2	4,040	2	1	495.0
2020 Q1	3,699	4	0	1081.4
2019 Q4	3,682	9	3	2444.3
2019 Q3	4,613	4	1	867.1
2019 Q2	4,223	0	0	0.0
2019 Q1	3,773	0	0	0.0
2018 Q4	3,625	2	0	551.7
2018 Q3	4,358	0	0	0.0
2018 Q2	4,286	0	0	0.0
2018 Q1	3,427	0	0	0.0
2017 Q4	3,316	1	0	301.6
2017 Q3	3,777	0	0	0.0
2017 Q2	4,370	3	0	686.5
2017 Q1	3,765	5	1	1328.0
2016 Q4	3,974	0	0	0.0
2016 Q3	4,552	4	0	878.7
2016 Q2	4,379	0	0	0.0
2016 Q1	4,349	7	1	1609.6
2015 Q4	4,335	0	0	0.0
2015 Q3	4,556	0	0	0.0
2015 Q2	4,753	0	0	0.0
2015 Q1	4,977	0	0	0.0
2014 Q4	4,318	2	0	463.2
2014 Q3	4,840	1	1	206.6
2014 Q2	5,321	0	0	0.0
2014 Q1	5,442	0	0	0.0
2013 Q4	5,855	2	0	341.6
2013 Q3	4,995	6	5	1201.2
2013 Q2	5,661	0	0	0.0
2013 Q1	5,261	0	0	0.0
2012 Q4	4,603	3	2	651.7
2012 Q3	4,673	2	2	428.0
2012 Q2	6,611	0	0	0.0
2012 Q1	3,230	0	0	0.0
2011 Q4	4,817	0	0	0.0
2011 Q3	5,589	0	0	0.0
2011 Q2	4,919	0	0	0.0
2011 Q1	3,467	3	1	865.3
2010 Q4	4,203	0	0	0.0
2010 Q3	3,901	5	2	1281.7
2010 Q2	3,886	0	0	0.0
2010 Q1	3,541	2	2	564.8
2009 Q4	3,889	0	0	0.0
2009 Q3	4,763	0	0	0.0
2009 Q2	5,159	0	0	0.0
2009 Q1	4,849	1	0	206.2
2008 Q4	4,784	3	0	627.1
2008 Q3	5,200	0	0	0.0
2008 Q2	5,758	0	0	0.0
2008 Q1	5,374	1	0	186.1
2007 Q4	5,774	5	1	866.0
2007 Q3	5,968	0	0	0.0
2007 Q2	6,681	0	0	0.0
2007 Q1	4,751	0	0	0.0
2006 Q4	5,470	0	0	0.0
2006 Q3	5,654	0	0	0.0
2006 Q2	6,839	4	1	584.9
2006 Q1	6,481	0	0	0.0
2005 Q4	5,630	1	0	177.6
2005 Q3	6,754	1	0	148.1
2005 Q2	7,769	0	0	0.0
2005 Q1	6,693	6	2	896.5
2004 Q4	6,111	0	0	0.0
2004 Q3	7,749	0	0	0.0
2004 Q2	8,065	1	1	124.0
2004 Q1	7,233	0	0	0.0
2003 Q4	6,498	0	0	0.0
2003 Q3	7,564	0	0	0.0
2003 Q2	6,276	3	0	478.0
2003 Q1	7,334	0	0	0.0
2002 Q4	6,075	11	4	1810.7
2002 Q3	6,133	0	0	0.0
2002 Q2	6,939	3	2	432.3
2002 Q1	6,388	5	2	782.7
2001 Q4	6,416	0	0	0.0
2001 Q3	6,484	0	0	0.0
2001 Q2	6,978	2	0	286.6
2001 Q1	6,316	2	0	316.7
2000 Q4	6,174	0	0	0.0
2000 Q3	6,535	6	3	918.1
2000 Q2	6,634	0	0	0.0
2000 Q1	5,920	9	0	1520.3

No fatalities recorded at this mine.

Reportable incidents

14 on file

2021 · 1 incident

May 11, 2021 VA · Metal/Non-Metal outside foreman, leadman POWERED HAULAGE

Charles W Barger & Son Construction Co Inc · Struck against stationary object

EE was moving company truck. Truck rolled backwards down haul road and came in contact with berm. EE was thrown from vehicle.

2017 · 3 incidents

December 21, 2017 VA · Metal/Non-Metal master mechanic, foreman, supervisor SLIP OR FALL OF PERSON

Charles W Barger & Son Construction Co Inc · Fall to lower level, (Not Elsewhere Classified)

Employee stepped off loading dock at maintenance shop.

January 17, 2017 VA · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)

Charles W Barger & Son Construction Co Inc · (Not Elsewhere Classified)

Hearing loss detected upon administering annual hearing test.

January 17, 2017 VA · Metal/Non-Metal superintendent DISORDERS (REPEATED TRAUMA)

Charles W Barger & Son Construction Co Inc · (Not Elsewhere Classified)

Hearing loss detected upon administering annual hearing test.

2015 · 1 incident

August 19, 2015 VA · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS

Charles W Barger & Son Construction Co Inc · Absorption of radiations, caustics, toxic and noxious substances

Hooking up a shot, stepping into a lime dust pile, lime dust went into right eye.

2000 · 1 incident

March 27, 2000 VA · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)

Charles W Barger & Son Construction Co Inc · Struck against stationary object

EE WHILE WORKING IN SHOP AREA NOT DIRECTLY LOCATED WITHIN MINING OPERATION, RECEIVED CUT TO PALM OF RIGHT HAND REQUIRING TWO (2) SUTURES. HE WAS LOOSENING A BOLT ON ENGINE BLOCK WHEN WRENCH SL IPPED CAUSING HIS HAND TO HIT EDGE OF ENGINE BLOCK.

1996 · 2 incidents

September 25, 1996 VA · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS

Charles W Barger & Son Construction Co Inc · Over-exertion in lifting objects

EE WAS LIFTING BOXES OF POWDER AND FERTILIZER TO GROUND FROM BACK OF PICK UP TRUCK.

April 26, 1996 VA · Metal/Non-Metal welder (shop) MACHINERY

Charles W Barger & Son Construction Co Inc · Struck by rolling or sliding object

THIS 52 YEAR OLD MINER WAS WELDING INSIDE OF A PRIMARY IMPACT CRUSHER. AS HE WAS MOVING HIS LEAD WIRE, HE PULLED ON IT TO GET MORE SLACK IN THELINE, AND AS HE PULLED ON THE LEAD, HE INADVERTE NTLY PULLED A ROCK FROM THE GRIZZLEY BARS DOWN INTO THE CRUSHER, WHICH STRUCK HIM ON HIS RT. THUMB. HE LATER GOT AN INFECTION FROM THE BRUISE-BRUSH BURN.

1991 · 1 incident

January 15, 1991 VA · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator MACHINERY

Charles W Barger & Son Construction Co Inc · Flash burns (welding)

HELPING WELDER OTHER WELDER NEAR, ARC REFLECTION BURNED BOTH EYES

1990 · 2 incidents

July 30, 1990 VA · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON

Charles W Barger & Son Construction Co Inc · Fall from machine

THE EMPLOYEE WAS CLIMBING OUT OF HIS TRUCK WHEN SLIPPED OFF STEP

May 3, 1990 VA · Metal/Non-Metal mechanic helper MACHINERY

Charles W Barger & Son Construction Co Inc · Flash burns (welding)

EMPL WAS HELPING WELDER HOLD STEEL IN POSITION TO BE TACHED CAUSING HIM TO LOOK & SEEL WHERE TO POSITION STEEL. ARC STRUCK & BURNED EYES.

1989 · 1 incident

January 9, 1989 VA · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS

Charles W Barger & Son Construction Co Inc · Over-exertion (Not Elsewhere Classified)

EMPL HELPING PUT BOLT IN PAD OF D-8 DOZER,BENG DOWN TO GET UNDER DOZER TWISTED SHOULDER OUT OF PLACE.

1988 · 2 incidents

December 27, 1988 VA · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY

Charles W Barger & Son Construction Co Inc · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS INSIDE CRUSHER TRYING TO FREE A ROCK WHEEL TURNED JUST ENOUGHT TO KNOCK ROCK OUT ON EMPLOYEE FOOT.

July 28, 1988 VA · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)

Charles W Barger & Son Construction Co Inc · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS REMOVING TWO BOLTS FROM PLATE OF CRUSHER WRENCH SLIPPED CATCHING EMPLOYEE FINGER BETWEEN PLATE AND WRENCH.

Watch this mine

CW Barger Operations,LLC has $37K in proposed MSHA penalties and $0 outstanding across 10 contested dockets.

Metal and nonmetal contaminants (personal samples) ⓘ Many samples are screening measurements of substances with no applicable exposure limit; they are counted as samples but excluded from every over-limit figure. Over-limit shares use only limit-tested samples.

CW Barger Operations,LLC recorded 0.00 reportable injury cases per 100 full-time workers in 2013.

CW Barger Operations,LLC sits in Rockbridge County, Virginia, where the Census mining category is 0.1% of county employment.