Mining Incidents

Mine No. 2: 1,045 MSHA citations Coal

CBS Energy, Inc. · Underground
Controlled by Anthony H Dye
Vansant, Buchanan County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407047

Mine No. 2 has $331K in proposed MSHA penalties and $7K outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
9
Years on record
2010–2022
Latest incident
Nov 2022
Compliance record
MSHA citations since 2006
1,045
citations
220
significant & substantial
$331,420
proposed penalties
$316,632
paid to date
96% of proposed penalties paid to date, a $14,788 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
150
inspections on record
9,693
inspection hours
10.8
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.
1,045 citations across 9,693 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No. 2 has $331K in proposed MSHA penalties and $7K outstanding across 7 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.
$331K
proposed penalties
$324K
current assessed
$317K
paid to date
$7K
outstanding
1,035 assessments are final orders; 7 contested dockets.
Of $30K in penalties contested before the Commission, $22K was upheld in final decisions.
As of the most recent assessment on 2024-04-03.
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.
21.3%
significant & substantial
4.3%
high negligence or reckless
21.3%
reasonably likely or greater
21.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 11.1% low, 84.4% moderate, 4.3% 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.
33 citations taken to the federal commission · 3% of citations on record
  • Settled 33 · 100%
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%
27%
Penalty reduction in decided contests
$30K proposed, $22K 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 2019-05-28.
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 2010-449 Settlement Tureck 2012 $19K → $12K
VA 2015-0194 Settlement Feldman 2016 $5K → $5K
VA 2019-0029 Settlement McCarthy 2019 $2K → $1K
VA 2017-0206 Settlement Paez 2018 $2K → $1K
VA 2019-0028 Settlement McCarthy 2019 $1K → $1K
VA 2017-0205 Settlement Paez 2017 $129 → $129
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No. 2 shows 96% of 1,113 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: 2023-04-25, 3 years ago
96%
within 1.5 mg/m3
1,113
samples
6.65
dust max (mg/m3)
6
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.
430 samples taken by MSHA inspectors, 683 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR517
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)137
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)134

Silica (quartz)

Last sampled: 2023-05-02, 3 years ago
5.1
silica avg (%)
109
samples
8.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR56
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)31
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)1

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: 2023-04-25, 3 years ago
4%
over PEL
119
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)38
  • CONTINUOUS MINER OPERATOR20
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)16
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
2023 100% 29
2022 99% 92
2021 99% 146
2020 99% 115
2018 100% 1
2017 100% 23
2016 80% 5
2015 90% 88
2014 93% 80
2013 93% 70
2012 99% 72
2011 100% 78
2010 97% 77
2009 90% 82
2008 93% 69
2007 90% 58
2006 96% 28
Silica (quartz) by year
Year silica avg (%) samples
2023 6.0 4
2022 6.4 7
2021 5.0 9
2020 5.7 5
2017 4.3 3
2015 5.9 8
2014 6.2 10
2013 3.8 3
2012 5.2 10
2011 7.0 2
2010 4.5 5
2009 5.1 12
2008 3.8 12
2007 4.3 15
2006 5.0 4
Noise by year
Year over PEL samples
2023 0% 11
2022 10% 10
2021 0% 6
2020 0% 12
2016 0% 1
2015 6% 16
2014 0% 7
2013 0% 3
2012 10% 20
2011 0% 1
2010 0% 6
2009 6% 16
2008 0% 5
2006 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No. 2 recorded 6.46 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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.
6.46
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.26 and the all-US-mining average was 2.12 cases per 100 workers.
In Virginia, coal mining averaged 2.34 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
2022 * 6.46 0.00 0.000
2021 * 15.27 10.18 0.000
2020 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 7.45 0.00 0.000
2011 * 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. Dominion Coal Corporation 2002 to 2006
  2. Pioneer Coal Inc. 2006 to 2016
  3. Revelation Energy, LLC 2016 to 2017
  4. KMJ Mining Inc 2017 to 2018
  5. Blackjewel L.L.C. 2018 to 2019
  6. Jewell Valley Mining LLC 2019 to 2020
  7. CBS Energy, Inc. 2020 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)
2023 7 9,146
2022 16 35,234
2021 16 41,623
2020 11 39,984
2019 0
2018 1 239
2017 5 9,420
2016 4 2,671
2015 14 48,292
2014 14 54,456
2013 16 44,005
2012 15 49,346
2011 13 51,040
2010 13 58,385
2009 13 62,614
2008 14 15,352
2007 15 73,660
2006 3 14,573
2005 0
2004 0
Source: MSHA quarterly employment and production, updated weekly.

Mine No. 2 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
2023 Q4 0 0 0
2023 Q3 225 0 0 0.0
2023 Q2 6,778 19 4 2803.2
2023 Q1 7,143 12 1 1680.0
2022 Q4 10,000 28 3 2800.0
2022 Q3 5,702 20 2 3507.5
2022 Q2 8,149 11 3 1349.9
2022 Q1 7,130 14 1 1963.5
Show 65 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q4 9,634 23 5 2387.4
2021 Q3 12,547 19 4 1514.3
2021 Q2 8,687 43 17 4949.9
2021 Q1 8,433 5 1 592.9
2020 Q4 9,043 7 3 774.1
2020 Q3 8,777 5 1 569.7
2020 Q2 4,846 18 2 3714.4
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 1 0
2019 Q1 0 1 0
2018 Q4 0 0 0
2018 Q3 0 11 0
2018 Q2 0 1 0
2018 Q1 1,968 0 0 0.0
2017 Q4 1,968 11 2 5589.4
2017 Q3 2,405 1 0 415.8
2017 Q2 10,177 6 2 589.6
2017 Q1 0 11 3
2016 Q4 0 3 0
2016 Q3 0 1 0
2016 Q2 0 0 0
2016 Q1 4,240 5 2 1179.2
2015 Q4 7,068 10 2 1414.8
2015 Q3 6,640 11 3 1656.6
2015 Q2 8,245 14 3 1698.0
2015 Q1 5,177 18 2 3476.9
2014 Q4 5,922 9 5 1519.8
2014 Q3 4,696 20 1 4258.9
2014 Q2 7,497 34 7 4535.1
2014 Q1 5,928 19 3 3205.1
2013 Q4 6,483 27 2 4164.7
2013 Q3 7,843 48 8 6120.1
2013 Q2 9,021 14 2 1551.9
2013 Q1 5,582 14 3 2508.1
2012 Q4 6,416 17 2 2649.6
2012 Q3 6,957 20 3 2874.8
2012 Q2 6,463 35 11 5415.4
2012 Q1 7,012 13 7 1854.0
2011 Q4 6,075 22 8 3621.4
2011 Q3 5,618 18 4 3204.0
2011 Q2 6,987 30 7 4293.7
2011 Q1 4,943 20 2 4046.1
2010 Q4 5,534 29 8 5240.3
2010 Q3 4,534 25 3 5513.9
2010 Q2 5,009 25 6 4991.0
2010 Q1 4,553 23 9 5051.6
2009 Q4 5,125 14 6 2731.7
2009 Q3 4,579 18 2 3931.0
2009 Q2 4,375 20 5 4571.4
2009 Q1 4,212 38 7 9021.8
2008 Q1 4,432 10 1 2256.3
2007 Q4 3,065 14 3 4567.7
2007 Q3 5,361 8 1 1492.3
2007 Q2 5,039 17 1 3373.7
2007 Q1 8,224 11 2 1337.5
2006 Q4 6,617 10 2 1511.3
2006 Q3 0 5 1
2006 Q2 0 0 0
2006 Q1 0 0 0
2005 Q4 0 0 0
2005 Q3 0 0 0
2005 Q2 0 0 0
2005 Q1 0 0 0
2004 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

9 on file

2022 · 1 incident

November 22, 2022 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
CBS Energy, Inc. · Struck by... (Not Elsewhere Classified)

Employee/Roof Bolter Operator was in the #4 heading face area when installing a screw type hose clamp on the dust collection hose with a manual handheld screw driver. The individual had EE's left hand positioned on opposite side of screw driver when it slip and impelled center of left hand. No known time off has been indicated at current time.

2021 · 3 incidents

October 7, 2021 VA · Coal utility man, errand boy, service truck operator POWERED HAULAGE
CBS Energy, Inc. · Struck by... (Not Elsewhere Classified)

Inj. had knocked stopping with the scoop & was removing the material from the crosscut. A piece of 3" pvc water line was lying in the gob unknown to operator. While cleaning the area the water line became entangled between the rib & scoop wheel. When the waterline came loose struck inj in left side of face resulting in a laceration to the lip & fracture to the eye socket.

July 7, 2021 VA · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler DUST DISEASE OF LUNGS
CBS Energy, Inc. · Inhalation of radiations, caustics, toxic and noxious substances

Employee was removed from the mine atmosphere by a medical physician immediately due to complications of pneumoconiosis.

March 29, 2021 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
CBS Energy, Inc. · Caught in, under or between a moving and a stationary object

Pulling belt with ride, ride rolled forward while unhooking. Ride pushed EE into metal belt structure.

2016 · 1 incident

January 29, 2016 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Pioneer Coal Inc. · Over-exertion in lifting objects

Working on mine 2 head - lifting gear

2012 · 1 incident

November 2, 2012 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Pioneer Coal Inc. · Struck against a moving object

He was cleaning coal off belt when coal busted off take up roller causing belt to move catching hand and arm and jerking on shoulder.

2010 · 3 incidents

August 31, 2010 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Pioneer Coal Inc. · Over-exertion (Not Elsewhere Classified)

He said he was looking up at roof bolt, twisted neck.

May 19, 2010 VA · Coal continuous miner helper, coal mole helper, bridgeman FALL OF ROOF OR BACK
Pioneer Coal Inc. · Struck by falling object

Pulled a piece of draw rock that hit him on the knee.

March 5, 2010 VA · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Pioneer Coal Inc. · Over-exertion in lifting objects

Lifting guard on tailpiece.