Marker Portal Mine: 160 MSHA citations
Coal
Appalachia,
Wise County,
VA
·
Abandoned and Sealed
MSHA Mine ID: 4407237
Marker Portal Mine has $30K in proposed MSHA penalties and $0 outstanding across 16 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 12
- Years on record
- 2009
- Latest incident
- Aug 2009
Compliance record
MSHA citations since 2008
48
significant & substantial
$30,366
proposed penalties
86% of proposed penalties paid to date, a $4,202 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
14.7
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.
160 citations across 1,085 inspection hours.
Source: MSHA inspections data, updated weekly.
Marker Portal Mine has $30K in proposed MSHA penalties and $0 outstanding across 16 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.
154 assessments are final orders; 16 contested dockets.
Of $22K in penalties contested before the Commission, $17K was upheld in final decisions.
As of the most recent assessment on 2010-09-16.
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.
31.2%
significant & substantial
0.6%
high negligence or reckless
30.5%
reasonably likely or greater
6.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 29.2% low, 70.1% 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.
71
citations taken to the federal commission · 44% of citations on record
-
Settled
70 · 99%
-
Vacated or withdrawn
1 · 1%
96%
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 50 decided S&S contests · industry: 79%
21%
Penalty reduction in decided contests
$22K proposed, $17K 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 2010-11-18.
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 2010-154 |
Settlement |
|
2010 |
$6K → $4K |
| VA 2009-327 |
Settlement |
Lesnick |
2010 |
$3K → $2K |
| VA 2009-375 |
Settlement |
Paez |
2010 |
$2K → $2K |
| VA 2009-397 |
Settlement |
Lesnick |
2011 |
$1K → $1K |
| VA 2011-92 |
Settlement |
Lesnick |
2011 |
$1K → $1K |
| VA 2010-79 |
Settlement |
Melick |
2010 |
$1K → $852 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Marker Portal Mine shows 92% of 91 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: 2009-10-29, 16 years ago
39 samples taken by MSHA inspectors, 52 by the operator.
Most-sampled occupations
- CONTINUOUS MINER OPERATOR35
- ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)9
- ROOF BOLTER (TWIN HEAD) (RETURN SIDE)9
Silica (quartz)
Last sampled: 2009-11-04, 16 years ago
Most-sampled occupations
- CONTINUOUS MINER OPERATOR2
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: 2009-10-26, 16 years ago
Most-sampled occupations
- SHUTTLE CAR OPERATOR (STANDARD SIDE)4
- ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)3
- ROOF BOLTER (TWIN HEAD) (RETURN 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 |
| 2009 |
92% |
74 |
| 2008 |
94% |
17 |
Noise by year
| Year |
over PEL |
samples |
| 2009 |
17% |
6 |
| 2008 |
11% |
9 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Marker Portal Mine recorded 20.53 reportable injury cases per 100 full-time workers in 2009.
Injury rate, 2009
ⓘ
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.
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Virginia, coal mining averaged 4.22 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.
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.
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) |
| 2010 |
9 |
|
| 2009 |
37 |
128,086 |
| 2008 |
33 |
24,828 |
Source: MSHA quarterly employment and production, updated weekly.
Marker Portal Mine 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 |
| 2010 Q1 |
2,485 |
0 |
0 |
0.0 |
| 2009 Q4 |
12,855 |
34 |
13 |
2644.9 |
| 2009 Q3 |
18,444 |
15 |
5 |
813.3 |
| 2009 Q2 |
27,089 |
62 |
18 |
2288.8 |
| 2009 Q1 |
29,275 |
19 |
4 |
649.0 |
| 2008 Q4 |
22,046 |
28 |
8 |
1270.1 |
No fatalities recorded at this mine.
Reportable incidents
12 on file
2009 · 12 incidents
August 26, 2009
VA · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
HANDLING OF MATERIALS
Bluff Spur Coal Corporation · Struck against stationary object
The individual was removing drill steel from roof bolt hole and struck his right elbow on the canopy post.
Bluff Spur Coal Corporation · Over-exertion in pulling or pushing objects
Individual was stretching out 2/0 cable when a loop of cable flipped over causing the cable to twist his wrist.
Bluff Spur Coal Corporation · Accident type, without injuries
A fall was discovered in the worked out No. 1 Northeast macker panel. The fall was in the No.2 return entry at survey station No. 6507 and mneasured approx. 20' long x 20' wide x 6' thick. There were no injuries or equipment involved. The fall will not be cleaned.
Bluff Spur Coal Corporation · Accident type, without injuries
A fall was discovered in the worked out No. 1 Northeast marker panel. The fall was in the No. 2 return entry at survey station No. 6527 and measured approximately 20' long x 20' wide x 6' high. There were no injuries or equipment involved. The fall will not be cleaned up.
July 6, 2009
VA · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
FALL OF ROOF OR BACK
Bluff Spur Coal Corporation · Struck by falling object
The individual was installing a roof bolt when a piece of draw rock fell. The draw rock struck the edge of the tray of the roof bolting machine which caused the rock to break. A piece of the rock struck the individual's left wrist.
Bluff Spur Coal Corporation · Struck by falling object
The employee was operating a continuous mining machine when a piece of draw rock fell out between roof bolts. The rock struck him on top of his head and bent his neck forward resulting in a strain to his neck.
June 13, 2009
VA · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
MACHINERY
Bluff Spur Coal Corporation · Caught in, under or between a moving and a stationary object
The injured was operating a roof bolting machine and was raising the drill head up to the drill steel, when he caught his right hand btween the drill head chuch and the drill steel. This resulted in a laceration, which required sutures.
Bluff Spur Coal Corporation · Over-exertion (Not Elsewhere Classified)
The individual was installing a new cable (wire) on a conveyor belt take-up unit and strained his right shoulder.
Bluff Spur Coal Corporation · Over-exertion in lifting objects
The injured was changing the drive chain on #5 drive and strained right shoulder when lifting a 60 drive chain to place on belt drive gears. The injured did not miss work but is scheduled for shoulder surgery on 7/31/09.
Bluff Spur Coal Corporation · Accident type, without injuries
A fall was discovered in the No. 1 entry of the 1-left panel off 1 East marker at survey station No. 6600. The fall measured approximately 25' long by 7' thick by 17' wide. There were no injuries or equipment involved. The fall was approximately 650' outby the MMU 001-0 and will not be cleaned up.
Bluff Spur Coal Corporation · Over-exertion in pulling or pushing objects
The individual was helping slide a spool of shuttle car cable in to the scoop bucket and experienced pain in his right shoulder.
March 10, 2009
VA · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
HANDLING OF MATERIALS
Bluff Spur Coal Corporation · Over-exertion in pulling or pushing objects
The individual was opening an air lock door, which is located on the mine travelway, and felt a pull in his lower back. He did not miss work or go to a physician until 5/19/09. The physician recently determined that the individual has a hernia. The operator was not aware that this was job related until 6/25/09.