Mining Incidents

LMM: 318 MSHA citations Coal

Estep Coal Co Inc · Underground
Controlled by James Wayne Estep
Irvington, Dickenson County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407167

LMM has $62K in proposed MSHA penalties and $16K outstanding across 4 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at LMM.

Fatalities
0
Total incidents
7
Years on record
2008–2012
Latest incident
Nov 2012
Compliance record
MSHA citations since 2006
318
citations
73
significant & substantial
$62,274
proposed penalties
$44,729
paid to date
72% of proposed penalties paid to date, a $17,545 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
82
inspections on record
3,746
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.
318 citations across 3,746 inspection hours.
Source: MSHA inspections data, updated weekly.

LMM has $62K in proposed MSHA penalties and $16K outstanding across 4 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.
$62K
proposed penalties
$61K
current assessed
$45K
paid to date
$16K
outstanding
312 assessments are final orders; 4 contested dockets.
Of $12K in penalties contested before the Commission, $11K was upheld in final decisions.
As of the most recent assessment on 2013-04-24.
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.
23.4%
significant & substantial
1.6%
high negligence or reckless
23.4%
reasonably likely or greater
13.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 21.2% low, 77.2% moderate, 1.6% 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.
25 citations taken to the federal commission · 8% of citations on record
  • Settled 21 · 84%
  • Stood as issued 3 · 12%
  • Vacated or withdrawn 1 · 4%
91%
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 11 decided S&S contests · industry: 79%
12%
Penalty reduction in decided contests
$12K proposed, $11K 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 2013-04-04.
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 2012-248 Default Zielinski 2014 $5K → $5K
VA 2013-254 Settlement Lesnick 2013 $4K → $3K
VA 2013-293 Settlement Paez 2013 $2K → $2K
VA 2008-442 Settlement Lesnick 2010 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at LMM shows 94% of 451 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: 2013-04-18, 13 years ago
94%
within 1.5 mg/m3
451
samples
4.34
dust max (mg/m3)
232 samples taken by MSHA inspectors, 219 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR205
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)37
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)26

Silica (quartz)

Last sampled: 2013-04-24, 13 years ago
5.0
silica avg (%)
37
samples
7.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR18

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: 2013-02-05, 13 years ago
0%
over PEL
33
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR6
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)6
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)6
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 90% 20
2012 95% 64
2011 94% 106
2010 87% 67
2009 96% 68
2008 98% 80
2007 98% 46
Silica (quartz) by year
Year silica avg (%) samples
2013 5.5 4
2012 4.7 4
2011 4.1 6
2010 4.5 2
2009 5.1 6
2008 4.9 10
2007 6.1 5
Noise by year
Year over PEL samples
2013 0% 8
2010 0% 5
2009 0% 11
2007 0% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

LMM recorded 4.60 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.
4.60
total case rate
4.60
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.
Year total case rate days-away fatal
2012 * 4.60 4.60 0.000
2011 * 4.05 4.05 0.000
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 8.84 4.42 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. Paramont Coal Company Virginia LLC 2006 to 2007
  2. Estep Coal Co Inc 2007 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 11 19,265
2012 16 62,608
2011 17 62,373
2010 17 74,542
2009 16 72,556
2008 16 84,170
2007 16 33,274
2006 0
Source: MSHA quarterly employment and production, updated weekly.

LMM sits in Dickenson County, Virginia, where the Census mining category is 9.8% 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.
Dickenson County, Virginia · Population 13,920
9.8%
Mining share of county employment
$43,831
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 Q3 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
2013 Q4 0 0 0
Show 27 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q2 2,470 11 5 4453.4
2013 Q1 11,004 16 7 1454.0
2012 Q4 10,555 19 4 1800.1
2012 Q3 10,626 10 1 941.1
2012 Q2 11,084 15 1 1353.3
2012 Q1 11,258 11 7 977.1
2011 Q4 11,032 10 4 906.5
2011 Q3 14,019 6 0 428.0
2011 Q2 13,704 14 1 1021.6
2011 Q1 10,610 10 2 942.5
2010 Q4 13,878 21 4 1513.2
2010 Q3 10,575 11 5 1040.2
2010 Q2 9,980 11 3 1102.2
2010 Q1 10,140 14 2 1380.7
2009 Q4 10,421 13 2 1247.5
2009 Q3 11,220 12 1 1069.5
2009 Q2 11,035 7 3 634.3
2009 Q1 11,205 8 1 714.0
2008 Q4 11,526 8 2 694.1
2008 Q3 11,205 16 4 1427.9
2008 Q2 11,262 9 2 799.1
2008 Q1 11,240 9 1 800.7
2007 Q4 11,105 11 6 990.5
2007 Q3 11,004 20 2 1817.5
2006 Q4 0 0 0
2006 Q3 0 0 0
2006 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

7 on file

2012 · 2 incidents

January 11, 2012 VA · Coal continuous miner operator, coal mole operator MACHINERY
Estep Coal Co Inc · Struck against a moving object

The injured employee said while cutting coal with a deep operator miner it cut thru hard middle man causing miner to jump and causing his head to hit canopy of miner, hurting his back.

2011 · 1 incident

January 3, 2011 VA · Coal continuous miner helper, coal mole helper, bridgeman SLIP OR FALL OF PERSON
Estep Coal Co Inc · Fall onto or against objects

The injured was taking loops of cable off miner boom when his feet slipped causing him to fall against miner boom stoving his left hand and arm up possibly breaking bone in his hand and left wrist.

2009 · 2 incidents

November 16, 2009 VA · Coal FALL OF ROOF OR BACK
Estep Coal Co Inc · Accident type, without injuries

Foreman found roof fall on preshift in last open crosscut between #4 to 3 entries. Approx 90' Long, 18' to 20' wide, approx 4-6' thick, in last open crosscut. Timbered off.

2008 · 2 incidents

October 27, 2008 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Estep Coal Co Inc · Struck by falling object

The roof bolter oper. had right hand on top of drill pot while moving the roof bolter into position, a piece of rock fell from top striking him on the hand.

June 20, 2008 VA · Coal roof bolter helper, rock bolter helper, pinner helper MACHINERY
Estep Coal Co Inc · Caught in, under or between (Not Elsewhere Classified)

Roof bolter operator was holding drill steel while drilling. Steel caught glove on right hand, twisting and breaking right arm.