Mining Incidents

Mine No 3: 359 MSHA citations Coal

Appalachia, Wise County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407069

Mine No 3 has $133K in proposed MSHA penalties and $0 outstanding across 26 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Mine No 3.

Fatalities
0
Total incidents
13
Years on record
2004–2008
Latest incident
Oct 2008
Compliance record
MSHA citations since 2003
359
citations
125
significant & substantial
$132,726
proposed penalties
$101,379
paid to date
76% of proposed penalties paid to date, a $31,347 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
80
inspections on record
3,284
inspection hours
10.9
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.
359 citations across 3,284 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No 3 has $133K in proposed MSHA penalties and $0 outstanding across 26 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.
$133K
proposed penalties
$101K
current assessed
$101K
paid to date
$0
outstanding
354 assessments are final orders; 26 contested dockets.
Of $90K in penalties contested before the Commission, $58K was upheld in final decisions.
As of the most recent assessment on 2009-09-15.
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.
35.3%
significant & substantial
1.1%
high negligence or reckless
34.2%
reasonably likely or greater
9.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 30.5% low, 68.4% moderate, 1.1% 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.
101 citations taken to the federal commission · 28% of citations on record
  • Settled 99 · 98%
  • Stood as issued 1 · 1%
  • Vacated or withdrawn 1 · 1%
94%
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 48 decided S&S contests · industry: 79%
36%
Penalty reduction in decided contests
$90K proposed, $58K 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 2010-12-17.
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 2008-254 Settlement Lesnick 2009 $23K → $16K
VA 2008-356 Settlement Lesnick 2009 $10K → $7K
VA 2008-389 Settlement Paez 2009 $9K → $5K
VA 2008-432 Settlement Paez 2009 $6K → $4K
VA 2009-190 Settlement Weisberger 2009 $4K → $2K
VA 2008-185 Settlement Weisberger 2009 $4K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 3 shows 93% of 422 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: 2008-12-23, 17 years ago
93%
within 1.5 mg/m3
422
samples
7.76
dust max (mg/m3)
197 samples taken by MSHA inspectors, 225 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR187
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)44
  • SCOOP CAR OPERATOR28

Silica (quartz)

Last sampled: 2008-12-22, 17 years ago
7.1
silica avg (%)
53
samples
14.2
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: 2009-01-08, 17 years ago
14%
over PEL
35
samples
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)9
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)9
  • CONTINUOUS MINER OPERATOR6
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
2008 94% 85
2007 97% 86
2006 95% 79
2005 91% 86
2004 89% 74
2003 83% 12
Silica (quartz) by year
Year silica avg (%) samples
2008 7.8 10
2007 7.7 11
2006 7.0 10
2005 6.8 11
2004 6.6 10
2003 5.5 1
Noise by year
Year over PEL samples
2009 20% 5
2008 0% 8
2007 22% 9
2006 50% 4
2005 0% 5
2004 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No 3 recorded 12.93 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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.
12.93
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In Virginia, coal mining averaged 3.66 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
2008 * 12.93 0.00 0.000
2007 * 2.21 2.21 0.000
2006 * 2.33 0.00 0.000
2005 * 2.47 0.00 0.000
2004 * 8.04 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. Guest Mountain Mining Corporation 2003 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)
2009 5 22,543
2008 39 373,447
2007 39 370,031
2006 38 381,178
2005 34 341,797
2004 31 366,311
2003 6 40,104
Source: MSHA quarterly employment and production, updated weekly.

Mine No 3 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
2009 Q2 0 0 0
2009 Q1 5,779 9 2 1557.4
2008 Q4 22,621 26 7 1149.4
2008 Q3 22,689 24 8 1057.8
2008 Q2 23,473 23 9 979.8
2008 Q1 24,055 21 6 873.0
2007 Q4 23,295 32 5 1373.7
2007 Q3 23,273 40 10 1718.7
Show 17 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q2 22,217 44 10 1980.5
2007 Q1 21,513 26 9 1208.6
2006 Q4 18,640 5 4 268.2
2006 Q3 22,175 6 1 270.6
2006 Q2 23,110 3 2 129.8
2006 Q1 22,047 11 6 498.9
2005 Q4 16,889 5 3 296.1
2005 Q3 20,007 16 10 799.7
2005 Q2 22,128 15 8 677.9
2005 Q1 22,018 9 5 408.8
2004 Q4 19,412 12 5 618.2
2004 Q3 20,483 1 0 48.8
2004 Q2 17,875 3 2 167.8
2004 Q1 16,813 10 6 594.8
2003 Q4 6,823 5 2 732.8
2003 Q3 0 0 0
2003 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

13 on file

2008 · 7 incidents

October 15, 2008 VA · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Guest Mountain Mining Corporation · Struck by... (Not Elsewhere Classified)

The employee was releasing an electrical trailing cable which was hung to a roof bolt plate. When he released the cable, the cable hanger caught his hand resulting in a laceration between his forefinger and thumb. The laceration required sutures.

May 22, 2008 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Guest Mountain Mining Corporation · Struck by... (Not Elsewhere Classified)

The injured was putting roof bolting supplies on the roof bolting machine. He cut the band on a bundle of roof bolts. The band sprung loose and struck him on the left hand. This resulted in a laceration which required sutures.

May 9, 2008 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Guest Mountain Mining Corporation · Fall to the walkway or working surface

Injured was stepping across the cable to the roof bolting machine. When the cable reel of the machine was turned on, the cable caught his foot, causing him to fall and bruise his ribs.

April 22, 2008 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech EXPLODING VESSELS UNDER PRESSURE
Guest Mountain Mining Corporation · Contact with hot objects or substances

The EE was working on the feeder which had stalled out. The stalled out feeder caused the water line to heat up and rupture. The water sprayed the individual on the right leg resulting in a burn.

April 18, 2008 VA · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Guest Mountain Mining Corporation · Struck against stationary object

The injured was pushing a rock off of the top of the feeder and cut his middle finger on his right hand.

April 15, 2008 VA · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
Guest Mountain Mining Corporation · Over-exertion (Not Elsewhere Classified)

The section has wet and muddy conditions, EE twisted his knee when he turned to move.

2007 · 1 incident

July 14, 2007 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Guest Mountain Mining Corporation · Over-exertion (Not Elsewhere Classified)

The injured was using a bar to pry a rock out of a belt conveyor drive and strained his left arm. He continued working his normal job until 8-7-07, when he started missing work due to the injury.

2006 · 1 incident

August 25, 2006 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Guest Mountain Mining Corporation · Caught in, under or between (Not Elsewhere Classified)

The injured was moving 6" x 6" x 36" crib blocks when he caught his hand between the mine floor and the crib block he was moving.

2005 · 1 incident

November 23, 2005 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) DISORDERS (REPEATED TRAUMA)
Guest Mountain Mining Corporation · Rubbed or abraded

The individual developed infection in his right knee due to the repeated trauma associated with working on his knees every day.

2004 · 3 incidents

August 30, 2004 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Guest Mountain Mining Corporation · Struck by falling object

THE INJURED WAS PUTTING SUPPLIES ON THE SECTION ROOF BOLTING MACHINE. HE WAS MOVING A BUNDLE OF ROOF BOLT PLATES WHEN A PIECE OF DRAW ROCK FELL FROM THE MINE ROOF & STRUCK HIS HAND.

January 15, 2004 VA · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Guest Mountain Mining Corporation · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS BREAKING BLOCK TO PLACE IN BRATTICE USING HAMMER IN RIGHT HAND, MIS-STRUCK BLOCK HITTING LEFT INDEX FINGER WITH HAMMER.