Derby Wilson Mine has $109K in proposed MSHA penalties and $3K outstanding across 22 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
14
Years on record
2006–2013
Latest incident
Mar 2013
Compliance record
MSHA citations since 2005
279
citations
80
significant & substantial
$108,678
proposed penalties
$88,645
paid to date
82% of proposed penalties paid to date, a $20,033 gap.
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.
279 citations across 2,783 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.
1
Section 107(a) orders
Most recent order: 2010-08-30.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.
Derby Wilson Mine has $109K in proposed MSHA penalties and $3K outstanding across 22 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.
$109K
proposed penalties
$92K
current assessed
$89K
paid to date
$3K
outstanding
273 assessments are final orders; 22 contested dockets.
Of $88K in penalties contested before the Commission, $70K was upheld in final decisions.
As of the most recent assessment on 2013-07-08.
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.
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.
99citations taken to the federal commission · 35% of citations on record
Settled
92 · 93%
Stood as issued
6 · 6%
Vacated or withdrawn
1 · 1%
79%
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 76 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$88K proposed, $70K 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 2013-03-19.
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.
MSHA sampling at Derby Wilson Mine shows 97% of 328 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: 2012-09-12, 13 years ago
97%
within 1.5 mg/m3
328
samples
5.16
dust max (mg/m3)
168 samples taken by MSHA inspectors, 160 by the operator.
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.
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.
Derby Wilson Mine recorded 5.37 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.
5.37
total case rate
1.79
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In Virginia, coal mining averaged 3.61 cases per 100 workers that year.
Year
total case rate
days-away
fatal
2012
5.37
1.79
0.000
2011
2.91
0.00
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.
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)
2013
2
2012
58
285,215
2011
57
352,985
2010
42
143,162
2006
1
2005
0
Source: MSHA quarterly employment and production, updated weekly.
Derby Wilson Mine sits in Wise County, Virginia, where the Census mining category is 5.9% 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.
Wise County, Virginia · Population 35,727
5.9%
Mining share of county employment
$50,740
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
2013 Q4
0
0
0
2013 Q3
0
1
0
2013 Q2
759
2
0
2635.0
2013 Q1
1,279
0
0
0.0
2012 Q4
6,458
0
0
0.0
2012 Q3
36,255
14
1
386.2
2012 Q2
33,872
23
4
679.0
2012 Q1
35,179
21
4
596.9
Show 11 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2011 Q4
31,183
22
4
705.5
2011 Q3
36,131
35
7
968.7
2011 Q2
34,605
29
7
838.0
2011 Q1
35,455
18
7
507.7
2010 Q4
30,831
25
13
810.9
2010 Q3
26,921
28
14
1040.1
2010 Q2
6,312
8
2
1267.4
2006 Q2
0
0
0
2006 Q1
10
27
8
2700000.0
2005 Q3
0
0
0
2005 Q2
0
0
0
No fatalities recorded at this mine.
Reportable incidents
14 on file
2013 · 1 incident
March 29, 2013VA · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorDUST DISEASE OF LUNGS
Mill Branch Coal Corp · Inhalation of radiations, caustics, toxic and noxious substances
EE filed a claim with the Virginia Worker's Comp. Comm. dated 3/29/13. There is not an accident associated with this claim.
2012 · 4 incidents
November 1, 2012VA · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDLING OF MATERIALS
On, November 1, 2012 employee strained his right arm while lifting a 3-wheeler battery. He did not miss any work. On November 17, 2012, he was terminated as a result of company cut-backs. On February 14, 2013 employee had surgery on his right arm due to the injury on November 1, 2012
July 31, 2012VA · Coaldiscontinued 1/31/2014. several other codes cover scoop car operatorMACHINERY
Employee was putting rub rail back on Continuous miner. Employee set it in place and went to push rail in when it fell striking him on top of left foot. Accident occurred at MMU 001, between #2 and #3 entries at Brk #9.
2011 · 3 incidents
October 24, 2011VA · Coaldiscontinued 1/31/2014. several other codes cover scoop car operatorHANDLING OF MATERIALS
Employee had moved the refuge chambers and was hooking up lifelines. After crawling under the belt line he stood up and felt pain in his lower back and right leg felt cold.
As the individual was traveling underground on a Mac 8, his dinner started to move. He reached back to catch it as he started under an overcast, catching his left ear causing a laceration which required sutures.
November 11, 2010VA · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerPOWERED HAULAGE
The individual was traveling outside on a Lil Mac when he ran into an equipment door. He did not stop at the door switch. The ride was checked and was found to be in proper operating condition.
November 2, 2010VA · Coalcontinuous miner operator, coal mole operatorMACHINERY
The individual was operating the continuous miner and positioned outby the boom of the miner wearing safety glasses, when an object was thrown by the cutter head, striking himi in the head above the left eye. This is a medical only report.
June 29, 2010VA · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)HANDLING OF MATERIALS
Employee was using a hammer and chisel to remove a board from conveyor belt that was being spliced on the surface of the mine. A piece of the chisel head broke off and entered into his left wrist.
March 3, 2006VA · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerSLIP OR FALL OF PERSON