Appalachia, Wise County,
VA
·
Abandoned and Sealed
MSHA Mine ID: 4407138
Guest Mtn. No. 5 has $241K in proposed MSHA penalties and $0 outstanding across 49 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
20
Years on record
2006–2014
Latest incident
Mar 2014
Compliance record
MSHA citations since 2006
513
citations
131
significant & substantial
$240,522
proposed penalties
$190,400
paid to date
79% of proposed penalties paid to date, a $50,122 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.
513 citations across 4,558 inspection hours.
Source: MSHA inspections data, updated weekly.
Guest Mtn. No. 5 has $241K in proposed MSHA penalties and $0 outstanding across 49 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.
$241K
proposed penalties
$190K
current assessed
$190K
paid to date
$0
outstanding
502 assessments are final orders; 49 contested dockets.
Of $201K in penalties contested before the Commission, $148K was upheld in final decisions.
As of the most recent assessment on 2013-12-10.
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.
188citations taken to the federal commission · 37% of citations on record
Settled
178 · 95%
Stood as issued
7 · 4%
Vacated or withdrawn
3 · 2%
90%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 124 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$201K proposed, $148K 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 2013-11-19.
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 Guest Mtn. No. 5 shows 95% of 458 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: 2013-09-30, 12 years ago
95%
within 1.5 mg/m3
458
samples
4.29
dust max (mg/m3)
202 samples taken by MSHA inspectors, 256 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.
Guest Mtn. No. 5 recorded 0.00 reportable injury cases per 100 full-time workers in 2013.
Injury rate, 2013
ⓘ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 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Virginia, coal mining averaged 4.69 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
2013 *
0.00
0.00
0.000
2011
10.79
5.40
0.000
2010
5.83
1.94
0.000
2009 *
11.52
4.61
0.000
2008 *
5.56
5.56
0.000
2007 *
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)
2014
4
2013
23
60,523
2012
6
2011
46
166,256
2010
45
282,075
2009
37
242,945
2008
18
155,528
2007
18
131,842
2006
17
52,545
2005
3
Source: MSHA quarterly employment and production, updated weekly.
Guest Mtn. No. 5 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
2014 Q2
0
0
0
2014 Q1
2,143
0
0
0.0
2013 Q4
6,236
2
0
320.7
2013 Q3
21,668
24
10
1107.6
2013 Q2
9,064
4
2
441.3
2013 Q1
0
2
0
2012 Q4
724
1
0
1381.2
2012 Q3
1,569
0
0
0.0
Show 26 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2012 Q2
1,524
5
1
3280.8
2012 Q1
6,080
2
0
328.9
2011 Q4
25,617
19
6
741.7
2011 Q3
29,450
10
3
339.6
2011 Q2
28,209
15
4
531.7
2011 Q1
27,932
41
12
1467.9
2010 Q4
27,228
42
11
1542.5
2010 Q3
26,019
21
5
807.1
2010 Q2
25,375
18
5
709.4
2010 Q1
24,287
41
11
1688.1
2009 Q4
21,654
42
17
1939.6
2009 Q3
21,478
32
8
1489.9
2009 Q2
21,828
27
6
1236.9
2009 Q1
21,879
13
1
594.2
2008 Q4
8,040
13
7
1616.9
2008 Q3
8,534
15
2
1757.7
2008 Q2
9,067
4
1
441.2
2008 Q1
10,355
12
1
1158.9
2007 Q4
11,630
12
3
1031.8
2007 Q3
10,658
15
1
1407.4
2007 Q2
9,313
22
5
2362.3
2007 Q1
9,360
11
0
1175.2
2006 Q4
10,522
16
2
1520.6
2006 Q3
9,738
12
4
1232.3
2006 Q2
641
5
0
7800.3
2005 Q3
1,910
0
0
0.0
No fatalities recorded at this mine.
Reportable incidents
20 on file
2014 · 4 incidents
March 17, 2014VA · Coalclerk, timekeeper, office worker, director of salesDISORDERS (REPEATED TRAUMA)
Drill steel was hung in the drill chuck, employee struck drill steel with wrench and it came back striking employee above the left eye causing a laceration.
August 15, 2011VA · Coalbeltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor riderHANDLING OF MATERIALS
The Lo Trac operator was checking the fluids on his equipment. When the operator raised the engine hatch to check the fluids, he secured the hatch with a rope hanger. The rope hanger came loose causing the hatch to fall on the operator's left hand resulting in a fractured thumb.
The individual was trying to pull a piece of ventilation curtain on a mud hole. He was pulling with both hands when his left hand slipped and caused him to strain his right shoulder.
February 21, 2011VA · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
The employee was pushing a rock out of the way with the stab jack on the roof bolter. The rock either broke or the stab jack slipped over top of the rock, causing the drill head to move forward quickly catching his left thumb between the drill steel and the canopy post.
February 16, 2011VA · Coalexaminer, fire boss, pre-shift examiner, mine examinerHANDTOOLS (NONPOWERED)
The individual was putting an end on an extension cord and cut his thumb resulting in a laceration that required stitches. This is a medical only report with no lost or restricted work days.
While the individual was tightening the wheel on the shuttle car, the ratchet slipped causing him to lose balance and fall hitting his mouth on the fender resulting in two chipped teeth. There were no lost or restricted days and he has not sought treatment.
November 10, 2010VA · Coalcontinuous miner operator, coal mole operatorHANDLING OF MATERIALS
The individual pulled a pallet off the Lo Trac fork lift and mashed the ring finger on his left hand. He developed staff infection and was hospitalized.
February 22, 2010VA · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)SLIP OR FALL OF PERSON
The EE was observing the operation of the CM when a piece of rock and coal came off the head of the CM and struck him in the left eye. Some material was embedded in his eye and had to be removed. This is a medical only treatment. No lost or restricted work days.
October 17, 2009VA · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
While cleaning rock off the drill head of the roof bolter a piece of draw rock fell from between the bolts hitting the individual on the right shoulder and lower back.
August 19, 2009VA · Coalbull gang foreman, labor foreman, leadman, section foreman, shift bossMACHINERY
The individual had his back to roof bolter waiting on miner to exit #5 entry. When miner trammed out of the way, the roof bolter trammed forward with the T-bar of the roof bolter catching the toes on the right foot.
April 29, 2009VA · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
EE was operating roof bolter, rock fell from roof, striking EE on left hand. To correct the problem, EE was told to keep hand off of drill head and observe top before starting to bolt.
April 14, 2009VA · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDTOOLS (NONPOWERED)
The employee was changing the operator's side feed cylinder on a roof bolting machine. A come-a-long hoist was hooked to the machine's boom and a roof support plate. The hook came loose from the roof support plate and the boom fell catching his arm.
2008 · 1 incident
September 20, 2008VA · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorHANDLING OF MATERIALS
The employee, along with another person, was hanging the power cable to the continuous mining machine and felt pain in his lower back when he lifted the cable.
2006 · 1 incident
October 16, 2006VA · Coalcontinuous miner helper, coal mole helper, bridgemanSLIP OR FALL OF PERSON