Mining Incidents

Lovers Gap #3: 157 MSHA citations Coal

Grundy, Buchanan County, VA  ·  Abandoned
MSHA Mine ID: 4406949

Lovers Gap #3 has $38K in proposed MSHA penalties and $904 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
28
Years on record
1999–2009
Latest incident
Oct 2009
Compliance record
MSHA citations since 2000
157
citations
47
significant & substantial
$37,717
proposed penalties
$27,184
paid to date
72% of proposed penalties paid to date, a $10,533 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
65
inspections on record
2,392
inspection hours
6.6
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.
157 citations across 2,392 inspection hours.
Source: MSHA inspections data, updated weekly.

Lovers Gap #3 has $38K in proposed MSHA penalties and $904 outstanding across 5 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.
$38K
proposed penalties
$28K
current assessed
$27K
paid to date
$904
outstanding
157 assessments are final orders; 5 contested dockets.
Of $16K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2012-02-17.
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.
29.9%
significant & substantial
0.6%
high negligence or reckless
30.6%
reasonably likely or greater
7.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.6% none, 24.8% low, 73.9% moderate, 0.6% 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.
5 citations taken to the federal commission · 3% of citations on record
  • Settled 3 · 60%
  • Stood as issued 1 · 20%
  • Vacated or withdrawn 1 · 20%
100%
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 4 decided S&S contests · industry: 79%
61%
Penalty reduction in decided contests
$16K proposed, $6K 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 2010-05-21.
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 2009-21 Settlement Paez 2011 $13K → $4K
VA 2009-317 Default Lesnick 2011 $1K → $1K
VA 2009-8 Settlement Zielinski 2010 $1K → $250
VA 2010-371 Settlement Koutras 2010 $100 → $100
VA 2010-391 Withdrawal Harner 2011 $100 → $0
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Lovers Gap #3 shows 100% of 131 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: 2011-01-11, 15 years ago
100%
within 1.5 mg/m3
131
samples
0.86
dust max (mg/m3)
123 samples taken by MSHA inspectors, 8 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR46
  • HIGHWALL DRILL OPERATOR29
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE29

Silica (quartz)

Last sampled: 2007-12-07, 18 years ago
24.0
silica avg (%)
23
samples
49.2
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR10
  • HIGHWALL DRILL OPERATOR9
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE2

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: 2011-01-11, 15 years ago
2%
over PEL
48
samples
Most-sampled occupations
  • BULLDOZER OPERATOR15
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE12
  • HIGHLIFT OPERATOR/FRONT END LOADER10
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
2011 100% 6
2010 100% 11
2009 100% 11
2008 100% 5
2007 100% 15
2006 100% 13
2005 100% 15
2004 100% 16
2003 100% 10
2002 100% 6
2001 100% 12
2000 100% 11
Silica (quartz) by year
Year silica avg (%) samples
2007 22.5 1
2006 42.9 1
2005 34.5 3
2004 34.2 4
2002 20.0 7
2001 12.7 5
2000 21.9 2
Noise by year
Year over PEL samples
2011 0% 5
2010 0% 4
2009 0% 5
2007 11% 9
2006 0% 5
2005 0% 5
2004 0% 5
2003 0% 5
2001 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Lovers Gap #3 recorded 0.00 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Virginia, coal mining averaged 3.41 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
2011 * 0.00 0.00 0.000
2010 0.00 0.00 0.000
2009 0.00 0.00 0.000
2008 4.02 2.68 0.000
2007 2.83 1.42 0.000
2006 0.73 0.73 0.000
2005 0.64 0.64 0.000
2004 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.
Ownership history
  1. Motivation Coal Company 1999 to 2002
  2. Paramont Coal Company Virginia LLC 2002 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)
2013 0
2012 0
2011 21 112,209
2010 63 510,536
2009 67 538,749
2008 64 619,089
2007 53 525,256
2006 121 1,107,619
2005 139 1,294,810
2004 127 1,323,900
2003 85 840,829
2002 32 259,473
2001 87 1,006,129
2000 66 732,175
Source: MSHA quarterly employment and production, updated weekly.

Lovers Gap #3 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
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 0 0 0
2011 Q3 621 0 0 0.0
2011 Q2 12,522 0 0 0.0
Show 45 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q1 27,431 2 0 72.9
2010 Q4 33,527 1 0 29.8
2010 Q3 34,462 0 0 0.0
2010 Q2 35,193 6 3 170.5
2010 Q1 35,273 7 2 198.5
2009 Q4 35,192 0 0 0.0
2009 Q3 35,608 3 0 84.3
2009 Q2 35,486 0 0 0.0
2009 Q1 41,125 6 2 145.9
2008 Q4 38,931 0 0 0.0
2008 Q3 35,989 10 4 277.9
2008 Q2 37,403 0 0 0.0
2008 Q1 36,908 0 0 0.0
2007 Q4 35,895 9 3 250.7
2007 Q3 32,314 6 1 185.7
2007 Q2 28,382 0 0 0.0
2007 Q1 44,547 4 2 89.8
2006 Q4 43,087 0 0 0.0
2006 Q3 76,445 4 1 52.3
2006 Q2 76,156 1 0 13.1
2006 Q1 78,450 2 1 25.5
2005 Q4 74,154 0 0 0.0
2005 Q3 74,854 2 0 26.7
2005 Q2 78,287 0 0 0.0
2005 Q1 87,575 1 0 11.4
2004 Q4 82,314 0 0 0.0
2004 Q3 79,297 3 0 37.8
2004 Q2 72,833 0 0 0.0
2004 Q1 60,401 1 0 16.6
2003 Q4 56,124 0 0 0.0
2003 Q3 58,362 2 1 34.3
2003 Q2 40,811 0 0 0.0
2003 Q1 38,199 2 0 52.4
2002 Q4 8,386 0 0 0.0
2002 Q3 4,713 0 0 0.0
2002 Q2 4,796 0 0 0.0
2002 Q1 54,918 1 1 18.2
2001 Q4 52,370 0 0 0.0
2001 Q3 51,009 1 1 19.6
2001 Q2 47,499 0 0 0.0
2001 Q1 48,326 1 0 20.7
2000 Q4 38,097 0 0 0.0
2000 Q3 36,643 2 1 54.6
2000 Q2 36,955 0 0 0.0
2000 Q1 37,297 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

28 on file

2009 · 1 incident

2008 · 4 incidents

November 12, 2008 VA · Coal greaser, grease man, oiler, lube man, dragline oiler HANDTOOLS (NONPOWERED)
Paramont Coal Company Virginia LLC · Struck by... (Not Elsewhere Classified)

Employee was starting to grease the excavator when the swivel blew apart on the grease gun, causing grease to shoot out and some go into his left eye.

January 17, 2008 VA · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
Paramont Coal Company Virginia LLC · Over-exertion (Not Elsewhere Classified)

He stepped out of the truck, slipped on frozen mud that was covered in the snow, turned ankle.

2007 · 4 incidents

August 22, 2007 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
Paramont Coal Company Virginia LLC · Bodily reaction, (Not Elsewhere Classified)

Employee was installing a cylinder on a D11R. He was reaching out to put the outside cap on when he heard a ripping noise in his right arm.

May 30, 2007 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Paramont Coal Company Virginia LLC · Over-exertion in pulling or pushing objects

EE was operating a Road Grader, when he attempted to pull up on the fuel pedal to shut the machine down for his lunch period, when he felt something pull in his lower back.

April 4, 2007 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Paramont Coal Company Virginia LLC · Fall onto or against objects

Employee was exiting the bulldozer, slipped and fell striking his head against the dozer causing a laceration to the side of the left eye.

February 15, 2007 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Paramont Coal Company Virginia LLC · Fall to the walkway or working surface

Employee was with other employee's during pre-shift safety talk at which point employee took off running, he ran about 15' and collapsed. He fell face first on parking lot when we think he had a seizure causing him to collapse. He had a few small cuts on his face and lips.

2006 · 3 incidents

September 1, 2006 VA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Paramont Coal Company Virginia LLC · Struck against a moving object

As employee was tramming the coal loader into the pit the right front wheel hit a hole in the road causing the loader to jar suddenly. This caused the employee to have pain in the lower left back area. He continued to work until 12/7/06 at which time he was taken off work by a medical specialist.

July 15, 2006 VA · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
Paramont Coal Company Virginia LLC · Over-exertion (Not Elsewhere Classified)

Employee spent 2 days loading a large shoot with wet hole blasting material. He reported back pain to his supervisor two days later but continued to work until 8/31/06 at which time he was seen by a medical professional. He is currently off work undergoing physical therapy.*Also Hip x-ray is abnormal*

January 3, 2006 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
Paramont Coal Company Virginia LLC · Struck by flying object

Employee was repairing equipment when wind blew dust into eye

2005 · 5 incidents

November 10, 2005 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Paramont Coal Company Virginia LLC · Flash burns (welding)

Employee was welding with another employee when the weld flashes off the other job reflected on the inside of his hood, burning his eyes.

August 21, 2005 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Paramont Coal Company Virginia LLC · Caught in, under or between (Not Elsewhere Classified)

Individual was putting door hinges on truck door and the door pinched the end of small finger on right hand, resulting in a laceration requiring stitches.

August 15, 2005 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Paramont Coal Company Virginia LLC · Over-exertion (Not Elsewhere Classified)

Employee was repairing a D11R hoist cylinder and turned around to get a bolt when his back went out.

June 10, 2005 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Paramont Coal Company Virginia LLC · Struck against a moving object

EMPLOYEE WAS BRINGING A LOAD OF COAL FROM THE HAZY SEAM. ON HIS WAY UP THE HILL, HE HEARD A POP SOUND FROM THE BACK OF THE TRUCK AND THE TRUCK STOPPED PULLING. HE THEN HEARD ANOTHER POP SOUND, THE TRUCK ROLLED BACKWARD ABOUT 35 FT AND HIT THE HILLSIDE BERM AND OVERTURNED ON DRIVERS SIDE. HE WAS TRANSPORTED BY AMBULANCE TO HOSPITAL

February 26, 2005 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Paramont Coal Company Virginia LLC · Over-exertion (Not Elsewhere Classified)

EE WAS ASSISTING WITH REPAIRS TO A DOZER, AS HE STEPPED DOWN FROM THE BLADE, EE FRACTURED LEFT ANKLE

2004 · 3 incidents

September 20, 2004 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Paramont Coal Company Virginia LLC · Struck against a moving object

EE WAS DRIVING LT-9000 FORD TANDEM COAL TRUCK LOADED WITH COAL DOWN AN INCLINE HAUL ROAD. THE TRANSMISSION WENT OUT OF GEAR INTO NEUTRAL, CAUSING THE TRUCK TO PICK UP SPEED. EE CAUSED THE TRUCK TO TURN OVER, INJURING HIS CHEST: BROKEN RIBS AND CONTUSION.

September 1, 2004 VA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Paramont Coal Company Virginia LLC · Over-exertion in lifting objects

EMPLOYEE WAS INSTALLING D11R CUTTING EDGES & WAS LIFTING INTO PLACE WHEN HE FELT A STRAIN IN THE ABDOMEN AREA.

June 28, 2004 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Paramont Coal Company Virginia LLC · Over-exertion (Not Elsewhere Classified)

EE WAS REPAIRING MACHINE AND WHEN CLIMBING DOWN SLIPPED ON A ROCK AND SPRAINED HIS ANKLE.

2003 · 1 incident

June 10, 2003 VA · Coal mine manager, mine foreman, mine owner HANDLING OF MATERIALS
Paramont Coal Company Virginia LLC · Struck against stationary object

WHILE HELPING TO CHANGE OUT A DRILL BIT, THE BIT STARTED SLIPPING OUT OF THE EE'S HANDS. WHEN THE BIT FELL THE EE'S RIGHT HAND CAME UP AND STRUCK THE EDGE OF THE DRILL STEEL CAUSING A LACERATI ON TO THE MIDDLE FINGER OF HIS RIGHT HAND.

2002 · 1 incident

September 10, 2002 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Motivation Coal Company · Flash burns (welding)

WHILE WELDING, A EMPLOYEE RECEIVED A FLASH BURN TO HIS EYES.

2001 · 2 incidents

December 12, 2001 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Motivation Coal Company · Struck by flying object

THE WHEEL OF A BROKEN DOWN TRUCK WAS SCOTCHED WITH A ROCK, WHEN THE TRUCK WAS BEING TOWED, THE ROCK EJECTED AND HIT ANKLE.

June 15, 2001 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Motivation Coal Company · Struck by... (Not Elsewhere Classified)

EE AND A FELLOW EE WERE IN THE PROCESS OF INSTALLING A ENGINE BELLY PAN. WHILE REPOSITIONG PAN IT SLIPPED FROM HINGER STRIKING EE WITH A GLACING BLOW.

2000 · 3 incidents

June 13, 2000 VA · Coal miner, nec SLIP OR FALL OF PERSON
Motivation Coal Company · Fall to the walkway or working surface

EMPLOYEE WAS HELPING RELOCATE TELEPHONE LINE CABLE THAT WAS LAYING ON BEAM BESIDE MAIN ENTRANCE TO JOB. EMPLOYEE ALLEGED HE STEPPED ON ROCK AND LOST HIS FOOTING, FELL ON RIGHT SHOULDER. EMPLOY EE WENT TO SPECIALIST ON 6-14-00 WAS DIAGNOSED WITH A FRACTURE OF RIGHT ELBOW.

March 9, 2000 VA · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Motivation Coal Company · Over-exertion in lifting objects

THIS IS NOT A NEW INJURY ON 3-09-00 EE STATED HIS KNEE HURT HIM SOME WHEN HE WALKED ON IT. ORIGINAL INJURY WAS ON 7-2-96. EE RETURNED TO WORK ON 3-19-00 AND ON 7-7-00 EE WEMT BACK TO WORK WITH NO RESTRICTION. INJURY WAS RECURRENCE BASED ON MEDICAL INFORMATION.

March 8, 2000 VA · Coal truck driver POWERED HAULAGE
Motivation Coal Company · Over-exertion (Not Elsewhere Classified)

EMLOYEE STATED HE WAS RUNNING EMPTY FROM DUMP. SAID HE HIT A PLACE IN ROAD SIGHTLY ROUGHER THAN NORMAL. THIS CAUSED A JERKING MOTION, TO HIS NECK. HE WAS WEARING A SEATBELT.

1999 · 1 incident

August 1, 1999 VA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Motivation Coal Company · Fall from machine

ATTEMPTING TO CLOSE DOZER DOOR, STEPPED BACK PAST FENDER AND FELL TO GROUND. LANDED ON FEET, PAIN IN UPPER BACK. E.R. VISIT AND WAS NOT RETURNED TO WORK UNTIL 8-8-99.