Mining Incidents

Hickory Gap Strip #4: 14 MSHA citations Coal

Controlled by Jerry W Wharton
Wise, Wise County, VA  ·  Temporarily Idled
MSHA Mine ID: 4407409

Hickory Gap Strip #4 has $4K in proposed MSHA penalties and $0 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
2022–2023
Latest incident
Dec 2023
Compliance record
MSHA citations since 2021
14
citations
5
significant & substantial
$3,961
proposed penalties
$3,961
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2021
12
inspections on record
448
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: 448 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Hickory Gap Strip #4 has $4K in proposed MSHA penalties and $0 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.
$4K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
14 assessments are final orders; 1 contested dockets.
Of $716 in penalties contested before the Commission, $716 was upheld in final decisions.
As of the most recent assessment on 2024-02-08.
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.
35.7%
significant & substantial
0.0%
high negligence or reckless
35.7%
reasonably likely or greater
35.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 21.4% low, 78.6% moderate, 0.0% 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.
1 citations taken to the federal commission · 7% of citations on record
  • Stood as issued 1 · 100%
0%
Penalty reduction in decided contests
$716 proposed, $716 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 2022-09-06.
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 2022-0037 Default 2023 $716 → $716
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Hickory Gap Strip #4 shows 100% of 82 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: 2024-06-26
100%
within 1.5 mg/m3
82
samples
1.18
dust max (mg/m3)
0
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.
42 samples taken by MSHA inspectors, 40 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR33
  • HIGHWALL DRILL OPERATOR28
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8

Silica (quartz)

Last sampled: 2024-02-15
7.4
silica avg (%)
7
samples
16.1
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR6
  • BULLDOZER OPERATOR1

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: 2024-02-06
0%
over PEL
22
samples
Most-sampled occupations
  • BULLDOZER OPERATOR7
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE6
  • BACKHOE OPERATOR3
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
2024 100% 13
2023 100% 28
2022 100% 32
2021 100% 9
Silica (quartz) by year
Year silica avg (%) samples
2024 1.7 2
2023 8.5 4
2022 14.1 1
Noise by year
Year over PEL samples
2024 0% 6
2023 0% 5
2022 0% 6
2021 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Hickory Gap Strip #4 recorded 0.00 reportable injury cases per 100 full-time workers in 2024.

Injury rate, 2024
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 3.16 and the all-US-mining average was 2.08 cases per 100 workers.
In Virginia, coal mining averaged 3.03 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
2024 * 0.00 0.00 0.000
2023 * 2.72 0.00 0.000
2022 * 2.48 2.48 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.
Ownership history
  1. J W Construction Company Inc 2021 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)
2025 0
2024 16 18,731
2023 35 122,679
2022 33 232,010
2021 8 31,870
Source: MSHA quarterly employment and production, updated weekly.

Hickory Gap Strip #4 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
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 7,686 0 0 0.0
2024 Q2 14,517 0 0 0.0
2024 Q1 14,448 5 2 346.1
2023 Q4 18,906 0 0 0.0
2023 Q3 24,577 1 0 40.7
Show 9 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q2 10,440 0 0 0.0
2023 Q1 19,663 1 1 50.9
2022 Q4 23,982 0 0 0.0
2022 Q3 22,713 0 0 0.0
2022 Q2 18,917 0 0 0.0
2022 Q1 15,019 1 0 66.6
2021 Q4 13,891 0 0 0.0
2021 Q3 1,955 0 0 0.0
2021 Q2 0 1 0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2023 · 2 incidents

December 4, 2023 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
J W Construction Company Inc · Fall onto or against objects

EE working in cab D11R. EE exited cab to dismount machine to ground level get tool from truck. maintained 3 points contact while dismounting. track was unhooked, laying on roller frame in almost flat state. weather conditions, rain and mud, EE foot slipped when EE stepped on push arm. foot slipped, knee hit push arm bracket where the tilt cylinder pins up cause knee laceration

April 12, 2023 VA · Coal greaser, grease man, oiler, lube man, dragline oiler POWERED HAULAGE
J W Construction Company Inc · Caught in, under or between a moving and a stationary object

EE was attempting to place a crib block under a metal bin while the bin was being lifted up by an end loader. The bin slipped down, striking the crib block catching EE's middle left finger between the bin and crib block. EE's finger required 7 stitches and the end of the bone was broke. (Tip of bone) (No time was lost).

2022 · 1 incident

April 25, 2022 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
J W Construction Company Inc · Fall from machine

While flushing out radiator on end loader in the Clintwood Spoil area, employee was on counter weight in rear of loader with water hose. Flushing out radiator when they slipped and fell approximately 6' from counter weight of loader to the ground. Landing on their back.