Mining Incidents

Dogwood #4-C: 97 MSHA citations Coal

Old Dominion Energy, Inc. · Underground
Appalachia, Wise County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407277

Dogwood #4-C has $49K in proposed MSHA penalties and $0 outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2011–2012
Latest incident
Oct 2012
Compliance record
MSHA citations since 2011
97
citations
25
significant & substantial
$48,717
proposed penalties
$25,133
paid to date
52% of proposed penalties paid to date, a $23,584 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
36
inspections on record
990
inspection hours
n/a
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.
Rate withheld: 990 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Dogwood #4-C has $49K in proposed MSHA penalties and $0 outstanding across 8 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.
$49K
proposed penalties
$25K
current assessed
$25K
paid to date
$0
outstanding
96 assessments are final orders; 8 contested dockets.
Of $39K in penalties contested before the Commission, $16K was upheld in final decisions.
As of the most recent assessment on 2013-04-25.
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.
26.0%
significant & substantial
1.0%
high negligence or reckless
26.0%
reasonably likely or greater
11.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.7% low, 82.3% moderate, 1.0% 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.
18 citations taken to the federal commission · 19% of citations on record
  • Settled 18 · 100%
93%
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 15 decided S&S contests · industry: 79%
60%
Penalty reduction in decided contests
$39K proposed, $16K 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 2013-06-11.
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 2013-398 Settlement McCarthy 2014 $31K → $10K
VA 2012-380 Settlement Lesnick 2012 $2K → $2K
VA 2013-226 Settlement McCarthy 2014 $2K → $1K
VA 2013-177 Settlement McCarthy 2014 $1K → $1K
VA 2012-205 Settlement McCarthy 2012 $1K → $515
VA 2013-12 Settlement Rae 2013 $870 → $581
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Dogwood #4-C shows 96% of 137 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: 2013-01-11, 13 years ago
96%
within 1.5 mg/m3
137
samples
3.36
dust max (mg/m3)
62 samples taken by MSHA inspectors, 75 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR63
  • LABORER17
  • SCOOP CAR OPERATOR9

Silica (quartz)

Last sampled: 2012-08-17, 14 years ago
7.5
silica avg (%)
9
samples
10.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR3

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: 2012-10-24, 13 years ago
14%
over PEL
22
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR4
  • SCOOP CAR OPERATOR4
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)3
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
2013 100% 4
2012 97% 77
2011 93% 56
Silica (quartz) by year
Year silica avg (%) samples
2012 5.1 2
2011 8.1 7
Noise by year
Year over PEL samples
2012 0% 10
2011 25% 12
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Dogwood #4-C recorded 5.60 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.
5.60
total case rate
5.60
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.
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.
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. Old Dominion Energy, Inc. 2010 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)
2015 0
2014 0
2013 4 7,542
2012 16 110,999
2011 10 54,280
Source: MSHA quarterly employment and production, updated weekly.

Dogwood #4-C 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
2015 Q4 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
Show 11 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q3 0 0 0
2013 Q2 434 1 0 2304.1
2013 Q1 2,834 4 1 1411.4
2012 Q4 7,038 19 5 2699.6
2012 Q3 8,618 9 2 1044.3
2012 Q2 9,472 12 1 1266.9
2012 Q1 10,563 11 4 1041.4
2011 Q4 7,686 10 5 1301.1
2011 Q3 7,037 20 5 2842.1
2011 Q2 3,786 9 2 2377.2
2011 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2012 · 1 incident

October 23, 2012 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Old Dominion Energy, Inc. · Struck against a moving object

EE WAS TRAMMING THE SHUTTLE CAR, WHEN HE HIT A HOLE AND BOUNCED HIM INTO THE TOP OF SHUTTLE CAR CANOPY. THUS RESULTING IN A NECK INJURY.

2011 · 4 incidents

December 5, 2011 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler DUST DISEASE OF LUNGS
Old Dominion Energy, Inc. · Inhalation of radiations, caustics, toxic and noxious substances

Alleged black lung claim.

August 2, 2011 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Old Dominion Energy, Inc. · Over-exertion (Not Elsewhere Classified)

EE stated that he put up three rows of bolts, shortly after he felt a numbness in his hand. He does not recall anything specific to have caused this alleged injury.