Mining Incidents

Dogwood #3: 1 recorded fatality Coal

Old Dominion Energy Inc · Underground
Appalachia, Wise County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407074

Dogwood #3 has $163K in proposed MSHA penalties and $0 outstanding across 30 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Dogwood #3.

Fatalities
1
Total incidents
8
Years on record
2003–2006
Latest incident
Jun 2006
Compliance record
MSHA citations since 2003
513
citations
133
significant & substantial
$163,086
proposed penalties
$129,429
paid to date
79% of proposed penalties paid to date, a $33,657 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
122
inspections on record
6,016
inspection hours
8.5
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.
513 citations across 6,016 inspection hours.
Source: MSHA inspections data, updated weekly.

Dogwood #3 has $163K in proposed MSHA penalties and $0 outstanding across 30 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.
$163K
proposed penalties
$129K
current assessed
$129K
paid to date
$0
outstanding
500 assessments are final orders; 30 contested dockets.
Of $102K in penalties contested before the Commission, $69K was upheld in final decisions.
As of the most recent assessment on 2011-11-30.
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
0.6%
high negligence or reckless
26.5%
reasonably likely or greater
10.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 25.3% low, 74.1% moderate, 0.6% 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.
102 citations taken to the federal commission · 20% of citations on record
  • Settled 97 · 95%
  • Stood as issued 5 · 5%
96%
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 81 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$102K proposed, $69K 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 2011-12-22.
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 2012-153 Settlement Paez 2012 $15K → $10K
VA 2011-307 Settlement Moran 2011 $12K → $8K
VA 2011-263 Settlement Paez 2012 $6K → $2K
VA 2010-486 Settlement Lewis 2011 $6K → $4K
VA 2010-123 Settlement Rae 2011 $5K → $3K
VA 2010-613 Settlement McCarthy 2011 $5K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Dogwood #3 shows 94% of 637 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: 2011-05-04, 15 years ago
94%
within 1.5 mg/m3
637
samples
4.13
dust max (mg/m3)
287 samples taken by MSHA inspectors, 350 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR279
  • MOBILE BRIDGE OPERATOR42
  • SCOOP CAR OPERATOR34

Silica (quartz)

Last sampled: 2011-02-07, 15 years ago
5.9
silica avg (%)
73
samples
11.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR21

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: 2010-10-20, 15 years ago
23%
over PEL
40
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR8
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)7
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 97% 31
2010 99% 72
2009 96% 82
2008 100% 66
2007 100% 78
2006 94% 80
2005 87% 111
2004 90% 87
2003 87% 30
Silica (quartz) by year
Year silica avg (%) samples
2011 3.5 2
2010 4.9 12
2009 3.8 7
2008 6.7 1
2007 4.2 5
2006 6.4 15
2005 6.6 17
2004 7.4 13
2003 6.3 1
Noise by year
Year over PEL samples
2010 20% 5
2009 0% 5
2008 20% 10
2007 20% 5
2006 0% 4
2005 40% 5
2004 50% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Dogwood #3 recorded 0.00 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In Virginia, coal mining averaged 4.29 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
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 5.84 2.92 0.000
2005 1.99 0.00 0.000
2004 * 4.16 2.08 2.081
* 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. Cumberland River Coal Company 2003 to 2006
  2. Old Dominion Energy Inc 2006 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 11 49,786
2010 17 113,104
2009 17 119,348
2008 19 171,818
2007 18 184,970
2006 30 158,765
2005 42 241,138
2004 39 233,001
2003 25 83,067
Source: MSHA quarterly employment and production, updated weekly.

Dogwood #3 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
2011 Q3 96 1 0 10416.7
2011 Q2 4,658 21 4 4508.4
2011 Q1 9,019 28 11 3104.6
2010 Q4 9,090 28 6 3080.3
2010 Q3 8,272 31 10 3747.6
2010 Q2 10,259 26 9 2534.4
2010 Q1 9,267 15 4 1618.6
2009 Q4 9,357 12 3 1282.5
Show 26 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q3 8,828 50 11 5663.8
2009 Q2 9,663 33 5 3415.1
2009 Q1 10,007 20 4 1998.6
2008 Q4 11,730 22 5 1875.5
2008 Q3 11,067 24 6 2168.6
2008 Q2 10,523 22 4 2090.7
2008 Q1 11,027 7 1 634.8
2007 Q4 12,367 9 1 727.7
2007 Q3 11,233 15 2 1335.4
2007 Q2 8,879 5 0 563.1
2007 Q1 8,694 6 2 690.1
2006 Q4 8,370 6 1 716.8
2006 Q3 3,647 13 3 3564.6
2006 Q2 29,287 16 5 546.3
2006 Q1 27,246 8 4 293.6
2005 Q4 24,917 7 1 280.9
2005 Q3 24,613 13 6 528.2
2005 Q2 26,380 14 3 530.7
2005 Q1 24,587 11 6 447.4
2004 Q4 24,118 4 3 165.9
2004 Q3 20,956 4 2 190.9
2004 Q2 25,606 5 1 195.3
2004 Q1 25,405 5 3 196.8
2003 Q4 18,520 9 4 486.0
2003 Q3 20,451 6 1 293.4
2003 Q2 1,728 0 0 0.0

Fatalities at this mine

1 recorded
September 24, 2004 VA · Coal utility man, errand boy, service truck operator Fatality · ELECTRICAL
Cumberland River Coal Company · Contact with electrical current

HE WAS ASSISTING A CERTIFIED ELECTRICIAN IN INSTALLING A 7200 VOLT PLUG (CATHEAD) WHEN HE APPARENTLY CAME IN CONTACT WITH AN ENERGIZED RECEPTACLE ON THE POWER DISTRIBUTION BOX (VCB). THIS RESULTED IN A FATAL.

Reportable incidents

7 on file (excluding fatalities above)

2006 · 3 incidents

June 30, 2006 VA · Coal electrician, lineman POWERED HAULAGE
Cumberland River Coal Company · Caught in, under or between a moving and a stationary object

Using a Lo-Trac to assist in hanging an airlock door. The employee was trying to steady the door by placing his left hand on the top of the door. The Lo-Trac raised the door and caught the employee's left ring finger between the roof and the top of the airlock door.

May 16, 2006 VA · Coal FALL OF ROOF OR BACK
Cumberland River Coal Company · Accident type, without injuries

A ROOF FALL DURING RETREAT MINING CAUGHT THE HEAD OF THE MINER. WHILE RETREAT MINING UNDER 28' OF DRAWROCK THE DRAWROCK FELL TRAPPING THE MINER HEAD FOR OVER THE 1 HR TIME LIMIT.

February 28, 2006 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Cumberland River Coal Company · Caught in, under or between running or meshing objects

A roller was stuck on the 1 east belt at break #6. The EE attempted to free the roller without locking out or turning off the belt. His hand slipped and caught his lower right arm (forearm) between the belt and the roller. The Dr. took him off work on 3/7/06.

2005 · 2 incidents

November 22, 2005 VA · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Cumberland River Coal Company · Struck by flying object

A CREW MEMBER WAS USING A RAILROAD JACK TO ALIGN A DRIVE UNIT. THE JACK HANDLE BECAME STUCK. WHEN THE HANDLE WAS FREED UP IT WAS EJECTED FROM THE JACK HANDLE SLEEVE. THE HANDLE TRAVELED ABOUT 5 FEET AND STRUCK THE INJURED EMPLOYEE ABOVE THE RIGHT EYE CAUSING A LACERATION.

June 9, 2005 VA · Coal FALL OF ROOF OR BACK
Cumberland River Coal Company · Accident type, without injuries

While second mining the miner became stuck because of floor conditions. Time was needed to remove the attached bridge system, and to assemble the retriever. During this time a rock fell from the roof onto the miner head. Miner was removed with the assistance of the retriever. Miner was not damaged.

2004 · 1 incident

June 15, 2004 VA · Coal electrician, lineman SLIP OR FALL OF PERSON
Cumberland River Coal Company · Fall onto or against objects

EE WAS TIGHTENING LUG NUT ON SCOOP TIRE WHEN THE SOCKET SLIPPED OFF THE LUG NUT. EE WAS PUTTING DOWN PRESSURE ON THE 3/4" RATCHET WHEN THE SOCKET SLIPPED. HE LOST HIS BALANCE AND FELL FACE-FIRST INTO THE LEFT REAR FENDER OF THE SCOOP.

2003 · 1 incident

December 3, 2003 VA · Coal INUNDATION
Cumberland River Coal Company · Accident type, without injuries

CONTINUOUS MINER CUT 8'IN THE #7 FACE & PENETRATED END OF AUGER HOLE. AUGER HOLE WAS FULL OF WATER, WHICH DRAINED ONTO THE SECTION. AUGER HOLE WAS OVER 200'CLOSER TO THE ACTIVE WORKINGS THAN WAS SHOWN ON OUR MAP PROJECTIONS. #7 ENTRY IS SEALED & WE HAVE AN ALTERNATIVE FACE DRILLING PLAN FOR APPROVAL.