Mining Incidents

Lower Mill: 170 MSHA citations Coal

CBS Energy, Inc.. · Underground
Controlled by Anthony H Dye
Grundy, Buchanan County, VA  ·  Abandoned
MSHA Mine ID: 4407268

Lower Mill has $27K in proposed MSHA penalties and $121 outstanding across 0 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2017–2020
Latest incident
Jan 2020
Compliance record
MSHA citations since 2017
170
citations
30
significant & substantial
$26,960
proposed penalties
$26,839
paid to date
100% of proposed penalties paid to date, a $121 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
38
inspections on record
2,480
inspection hours
6.9
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.
170 citations across 2,480 inspection hours.
Source: MSHA inspections data, updated weekly.

Lower Mill has $27K in proposed MSHA penalties and $121 outstanding across 0 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.
$27K
proposed penalties
$27K
current assessed
$27K
paid to date
$121
outstanding
165 assessments are final orders; 0 contested dockets.
As of the most recent assessment on 2020-03-04.
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.
18.2%
significant & substantial
10.3%
high negligence or reckless
18.2%
reasonably likely or greater
32.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.6% none, 14.5% low, 74.5% moderate, 10.3% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.

MSHA sampling at Lower Mill shows 99% of 395 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: 2020-03-31, 6 years ago
99%
within 1.5 mg/m3
395
samples
2.44
dust max (mg/m3)
1
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.
78 samples taken by MSHA inspectors, 317 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR162
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)134
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)18

Silica (quartz)

Last sampled: 2020-03-16, 6 years ago
8.2
silica avg (%)
25
samples
11.7
silica max (%)
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)15
  • CONTINUOUS MINER OPERATOR10

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: 2019-06-11, 7 years ago
11%
over PEL
18
samples
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)4
  • CONTINUOUS MINER OPERATOR3
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)3
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
2020 100% 25
2019 100% 155
2018 99% 152
2017 100% 63
Silica (quartz) by year
Year silica avg (%) samples
2020 8.0 1
2019 8.6 10
2018 8.1 10
2017 7.2 4
Noise by year
Year over PEL samples
2019 0% 1
2018 20% 10
2017 0% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Lower Mill recorded 0.00 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
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 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
In Virginia, coal mining averaged 2.65 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
2019 * 0.00 0.00 0.000
2018 * 23.78 23.78 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. Banner Blue Coal Company 2010 to 2017
  2. D&H Mining, Inc.. 2017 to 2018
  3. CBS Energy, Inc.. 2018 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)
2020 13 6,383
2019 15 43,193
2018 14 33,356
2017 14 19,103
2012 0
2011 0
2010 0
Source: MSHA quarterly employment and production, updated weekly.

Lower Mill 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
2020 Q1 7,172 9 1 1254.9
2019 Q4 7,823 13 2 1661.8
2019 Q3 10,501 61 13 5809.0
2019 Q2 9,028 10 0 1107.7
2019 Q1 10,490 10 1 953.3
2018 Q4 7,442 6 0 806.2
2018 Q3 3,060 4 1 1307.2
2018 Q2 6,708 16 2 2385.2
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2018 Q1 8,024 11 3 1370.9
2017 Q4 7,262 19 5 2616.4
2017 Q3 6,733 9 1 1336.7
2012 Q3 0 0 0
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 0 0 0
2011 Q3 0 0 0
2011 Q2 74 0 0 0.0
2011 Q1 0 0 0
2010 Q4 0 0 0
2010 Q3 0 0 0
2010 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2020 · 1 incident

January 13, 2020 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
CBS Energy, Inc.. · Struck by falling object

The offside Pinner Operator was bolting in #2 heading of the new panel. There was a cavity in the roof as they proceeded to drill a hole on the inside bolt a chunk of rock fell onto canopy and slid off striking the miner in the shoulder area. The rock was 4 inches by 10 inches.

2019 · 1 incident

May 21, 2019 VA · Coal FALL OF ROOF OR BACK
CBS Energy, Inc.. · Accident type, without injuries

Rock Fall was found at 12:59PM. Approximately 100-150 feet underground, near Fan Entry, First Break in Return. Rock Fall blocked return where you couldn't travel return in its entirety.

2018 · 3 incidents

May 14, 2018 VA · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator FALL OF ROOF OR BACK
D&H Mining, Inc.. · Struck by falling object

Piece of rock fell and hit employee on the hat. Possible concussion.

April 10, 2018 VA · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator HANDTOOLS (NONPOWERED)
D&H Mining, Inc.. · Struck by... (Not Elsewhere Classified)

Stuck a screw driver in hand.

March 13, 2018 VA · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator HANDLING OF MATERIALS
D&H Mining, Inc.. · Struck against stationary object

Employee caught nose on a cable hanger.

2017 · 1 incident

November 9, 2017 VA · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator FALL OF ROOF OR BACK
D&H Mining, Inc.. · Struck by falling object

Employee was operating the roof bolter. A small piece of rock fell and hit employee in the head.