Dismal Fk. Upper Banner Mine has $129K in proposed MSHA penalties and $208 outstanding across 1 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
3
Years on record
2008–2010
Latest incident
Mar 2010
Compliance record
MSHA citations since 2007
212
citations
59
significant & substantial
$129,161
proposed penalties
$108,253
paid to date
84% of proposed penalties paid to date, a $20,908 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.
212 citations across 1,514 inspection hours.
Source: MSHA inspections data, updated weekly.
Dismal Fk. Upper Banner Mine has $129K in proposed MSHA penalties and $208 outstanding across 1 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.
$129K
proposed penalties
$108K
current assessed
$108K
paid to date
$208
outstanding
206 assessments are final orders; 1 contested dockets.
Of $36K in penalties contested before the Commission, $15K was upheld in final decisions.
As of the most recent assessment on 2010-04-05.
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.
1citations taken to the federal commission · 0% of citations on record
Settled
1 · 100%
100%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 1 decided S&S contests · industry: 79%
58%
Penalty reduction in decided contests
$36K proposed, $15K 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 2010-07-27.
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.
MSHA sampling at Dismal Fk. Upper Banner Mine shows 99% of 166 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: 2010-01-11, 16 years ago
99%
within 1.5 mg/m3
166
samples
2.02
dust max (mg/m3)
76 samples taken by MSHA inspectors, 90 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.
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)
2010
5
2,927
2009
14
21,181
2008
7
16,751
2007
10
21,233
2006
0
2005
0
Source: MSHA quarterly employment and production, updated weekly.
Dismal Fk. Upper Banner Mine sits in Dickenson County, Virginia, where the Census mining category is 9.8% 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.
Dickenson County, Virginia · Population 13,920
9.8%
Mining share of county employment
$43,831
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
2010 Q2
0
2
2
2010 Q1
1,689
4
0
2368.3
2009 Q4
7,508
16
6
2131.1
2008 Q4
7,267
30
6
4128.3
2008 Q2
10
15
2
1500000.0
2007 Q4
5,129
19
5
3704.4
2007 Q2
3,739
9
8
2407.1
2007 Q1
2,360
0
0
0.0
Show 7 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2006 Q4
0
0
0
2006 Q3
0
0
0
2006 Q2
0
0
0
2006 Q1
0
0
0
2005 Q4
0
0
0
2005 Q3
0
0
0
2005 Q2
0
0
0
No fatalities recorded at this mine.
Reportable incidents
3 on file
2010 · 1 incident
March 2, 2010VA · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanPOWERED HAULAGE
Hook chain up from dozer kumtso to unihauler pulled about 60 yards pulled into a ditch when tried to pull the hook broke traveled about 46 to 47 foot striking ee in the face.
Roof conditions of #7 entry outby face 70' had some lamination, and drop in temperature causing the intersection to fall. The intersection was approx. 20' wide by 30' long fell. No injuries and no equipment were involved.
2008 · 1 incident
June 12, 2008VA · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK