Mining Incidents

Mine No. 3: 139 MSHA citations Coal

Derby, VA, Wise County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407187

Mine No. 3 has $41K in proposed MSHA penalties and $0 outstanding across 15 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2009
Latest incident
Jun 2009
Compliance record
MSHA citations since 2008
139
citations
38
significant & substantial
$41,200
proposed penalties
$31,503
paid to date
76% of proposed penalties paid to date, a $9,697 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
51
inspections on record
1,429
inspection hours
9.7
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.
139 citations across 1,429 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No. 3 has $41K in proposed MSHA penalties and $0 outstanding across 15 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.
$41K
proposed penalties
$32K
current assessed
$32K
paid to date
$0
outstanding
138 assessments are final orders; 15 contested dockets.
Of $31K in penalties contested before the Commission, $22K was upheld in final decisions.
As of the most recent assessment on 2010-12-15.
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.
27.5%
significant & substantial
0.7%
high negligence or reckless
28.3%
reasonably likely or greater
14.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 24.6% low, 74.6% moderate, 0.7% 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.
49 citations taken to the federal commission · 35% of citations on record
  • Settled 45 · 92%
  • Stood as issued 4 · 8%
97%
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 32 decided S&S contests · industry: 79%
31%
Penalty reduction in decided contests
$31K 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 2011-02-24.
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 2010-398 Settlement Koutras 2010 $7K → $2K
VA 2010-176 Settlement 2011 $6K → $4K
VA 2011-205 Settlement Gilbert 2013 $4K → $4K
VA 2011-257 Settlement Gilbert 2011 $3K → $2K
VA 2010-177 Settlement Lesnick 2011 $2K → $2K
VA 2011-59 Dismissal Gilbert 2011 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No. 3 shows 95% of 181 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: 2010-12-21, 15 years ago
95%
within 1.5 mg/m3
181
samples
4.45
dust max (mg/m3)
91 samples taken by MSHA inspectors, 90 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR78
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)23
  • SCOOP CAR OPERATOR13

Silica (quartz)

Last sampled: 2010-09-20, 15 years ago
17.5
silica avg (%)
24
samples
29.6
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9

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: 2010-09-14, 15 years ago
16%
over PEL
19
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)5
  • CONTINUOUS MINER OPERATOR4
  • ROOF BOLTER (TWIN HEAD) (INTAKE 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
2010 98% 92
2009 91% 78
2008 100% 11
Silica (quartz) by year
Year silica avg (%) samples
2010 12.7 6
2009 19.0 18
Noise by year
Year over PEL samples
2010 0% 2
2009 23% 13
2008 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No. 3 recorded 0.00 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In Virginia, coal mining averaged 4.29 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
2010 * 0.00 0.00 0.000
2009 * 3.59 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. Mill Branch Coal Corporation 2006 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)
2011 20 3,012
2010 25 133,357
2009 22 116,684
2008 6 1,807
2007 0
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
2011 Q1 2,864 0 0 0.0
2010 Q4 15,076 16 3 1061.3
2010 Q3 15,818 11 3 695.4
2010 Q2 15,133 4 1 264.3
2010 Q1 14,802 9 3 608.0
2009 Q4 17,516 36 12 2055.3
2009 Q3 18,012 23 5 1276.9
2009 Q2 11,614 14 6 1205.4
Show 8 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q1 8,601 10 0 1162.7
2008 Q4 251 6 1 23904.4
2008 Q3 1,788 2 1 1118.6
2008 Q2 1,352 4 2 2958.6
2007 Q4 0 0 0
2007 Q3 0 0 0
2007 Q2 0 0 0
2007 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2009 · 1 incident

June 8, 2009 VA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Mill Branch Coal Corporation · Struck by... (Not Elsewhere Classified)

The employee was working with another person who was using a box cutter to open bags of rock dust. The other person accidentally struck the injured's left thumb resulting in a laceration which required sutures.