Elk Creek Surface has $34K in proposed MSHA penalties and $824 outstanding across 2 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
3
Years on record
2020–2022
Latest incident
Dec 2022
Compliance record
MSHA citations since 2019
108
citations
16
significant & substantial
$33,795
proposed penalties
$30,660
paid to date
91% of proposed penalties paid to date, a $3,135 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.
108 citations across 1,507 inspection hours.
Source: MSHA inspections data, updated weekly.
Elk Creek Surface has $34K in proposed MSHA penalties and $824 outstanding across 2 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.
$34K
proposed penalties
$31K
current assessed
$31K
paid to date
$824
outstanding
107 assessments are final orders; 2 contested dockets.
Of $5K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2025-05-12.
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.
3citations taken to the federal commission · 3% of citations on record
Settled
3 · 100%
47%
Penalty reduction in decided contests
$5K proposed, $3K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2020-08-03.
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 Elk Creek Surface shows 99% of 221 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: 2025-11-05
99%
within 1.5 mg/m3
221
samples
3.60
dust max (mg/m3)
2
over MSHA ECV
ⓘThe excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
100 samples taken by MSHA inspectors, 121 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.
Elk Creek Surface recorded 0.00 reportable injury cases per 100 full-time workers in 2025.
Injury rate, 2025
ⓘ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 coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In Virginia, coal mining averaged 2.97 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
2025 *
0.00
0.00
0.000
2024 *
0.00
0.00
0.000
2023
0.00
0.00
0.000
2022
0.00
0.00
0.000
2020 *
0.00
0.00
0.000
2019 *
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.
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)
2026
4
1,912
2025
27
140,723
2024
25
186,089
2023
45
237,180
2022
46
232,079
2021
7
52,381
2020
23
132,539
2019
26
134,063
Source: MSHA quarterly employment and production, updated weekly.
Elk Creek Surface sits in Buchanan County, Virginia, where the Census mining category is 11.2% 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.
Buchanan County, Virginia · Population 19,857
11.2%
Mining share of county employment
$42,216
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
2,455
0
0
0.0
2026 Q1
2,384
0
0
0.0
2025 Q4
1,705
0
0
0.0
2025 Q3
3,713
0
0
0.0
2025 Q2
29,355
18
0
613.2
2025 Q1
30,481
2
0
65.6
2024 Q4
18,887
12
2
635.4
2024 Q3
4,013
0
0
0.0
Show 22 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2024 Q2
16,921
5
0
295.5
2024 Q1
17,008
6
1
352.8
2023 Q4
20,362
2
0
98.2
2023 Q3
23,009
0
0
0.0
2023 Q2
39,963
3
0
75.1
2023 Q1
33,509
9
2
268.6
2022 Q4
32,900
1
0
30.4
2022 Q3
35,498
0
0
0.0
2022 Q2
33,436
4
1
119.6
2022 Q1
13,926
1
0
71.8
2021 Q4
4,704
1
0
212.6
2021 Q3
4,864
2
0
411.2
2021 Q2
5,160
0
0
0.0
2021 Q1
3,447
2
1
580.2
2020 Q4
1,612
0
0
0.0
2020 Q3
3,880
0
0
0.0
2020 Q2
28,654
3
2
104.7
2020 Q1
32,594
8
1
245.4
2019 Q4
28,110
1
0
35.6
2019 Q3
27,170
3
1
110.4
2019 Q2
13,616
0
0
0.0
2019 Q1
0
0
0
No fatalities recorded at this mine.
Reportable incidents
3 on file
2022 · 1 incident
December 12, 2022VA · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanMACHINERY
The contracted employee stated that "something" hit EE from behind after cutting a tree causing EE to roll down the hill EE was working on. This resulted in broken ribs, a fracture above the teeth, and cuts/bruises.
2021 · 1 incident
October 7, 2021VA · Coalhaul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driverSLIP OR FALL OF PERSON
An employee broke both heels when EE jumped to the ground from the deck of a 785B rock hauler. EE jumped because a steering jack hose ruptured onto the turbo causing flames to come up to the outside of the cab area. The EE also received burns to the back of the neck and right arm.
2020 · 1 incident
January 12, 2020VA · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSLIP OR FALL OF PERSON
EE climbed up a 3 step ladder to hand another technician a tool. EE was standing on the 2nd step of the ladder and holding onto the handholds on a 7858B Truck. The ladder twisted out from under EE and they slipped off the ladder and twisted an ankle when they hit the ground.