Mining Incidents

Mine No. 5: 416 MSHA citations Coal

Hubble Mining Co., Inc. · Underground
Appalachia, Wise County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407036

Mine No. 5 has $48K in proposed MSHA penalties and $524 outstanding across 1 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. 5.

Fatalities
0
Total incidents
8
Years on record
2003–2005
Latest incident
Oct 2005
Compliance record
MSHA citations since 2001
416
citations
154
significant & substantial
$47,662
proposed penalties
$46,915
paid to date
98% of proposed penalties paid to date, a $747 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
89
inspections on record
2,997
inspection hours
13.9
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.
416 citations across 2,997 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No. 5 has $48K in proposed MSHA penalties and $524 outstanding across 1 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.
$48K
proposed penalties
$47K
current assessed
$47K
paid to date
$524
outstanding
410 assessments are final orders; 1 contested dockets.
Of $1K in penalties contested before the Commission, $950 was upheld in final decisions.
As of the most recent assessment on 2007-06-27.
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.
37.6%
significant & substantial
0.2%
high negligence or reckless
37.6%
reasonably likely or greater
7.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 7.3% low, 92.0% moderate, 0.2% 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.
4 citations taken to the federal commission · 1% of citations on record
  • Settled 4 · 100%
100%
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 2 decided S&S contests · industry: 79%
21%
Penalty reduction in decided contests
$1K proposed, $950 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 2007-08-23.
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 2007-98 Settlement Lesnick 2008 $1K → $950
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No. 5 shows 99% of 366 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: 2007-06-12, 19 years ago
99%
within 1.5 mg/m3
366
samples
2.97
dust max (mg/m3)
174 samples taken by MSHA inspectors, 192 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR186
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)27
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)26

Silica (quartz)

Last sampled: 2007-06-06, 19 years ago
8.3
silica avg (%)
20
samples
19.7
silica max (%)
Most-sampled occupations
  • 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: 2006-09-13, 19 years ago
4%
over PEL
26
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR4
  • HIGHLIFT OPERATOR/FRONT END LOADER3
  • SHUTTLE CAR OPERATOR (OFF STANDARD)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
2007 100% 24
2006 100% 60
2005 97% 69
2004 99% 68
2003 100% 67
2002 100% 62
2001 100% 16
Silica (quartz) by year
Year silica avg (%) samples
2007 5.2 2
2006 8.4 5
2005 9.4 4
2004 6.8 2
2003 4.5 3
2002 5.0 2
2001 19.1 2
Noise by year
Year over PEL samples
2006 0% 7
2005 0% 7
2004 14% 7
2003 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No. 5 recorded 0.00 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
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 4.87 and the all-US-mining average was 3.91 cases per 100 workers.
In Virginia, coal mining averaged 4.44 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
2006 * 0.00 0.00 0.000
2005 * 4.53 0.00 0.000
2004 * 12.12 4.04 0.000
2003 * 7.12 3.56 0.000
2002 * 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. Nehemiah Coal Company Inc 2001 to 2006
  2. Hubble Mining Co LLC 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)
2007 17 48,288
2006 19 88,426
2005 19 97,764
2004 21 141,371
2003 21 149,171
2002 26 170,394
2001 14 19,208
Source: MSHA quarterly employment and production, updated weekly.

Mine No. 5 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
2007 Q3 2,047 0 0 0.0
2007 Q2 10,185 18 7 1767.3
2007 Q1 10,113 19 3 1878.8
2006 Q4 12,507 33 5 2638.5
2006 Q3 10,943 14 3 1279.4
2006 Q2 10,083 15 3 1487.7
2006 Q1 10,965 16 4 1459.2
2005 Q4 10,397 23 9 2212.2
Show 16 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2005 Q3 11,756 23 9 1956.4
2005 Q2 12,103 22 6 1817.7
2005 Q1 9,910 46 15 4641.8
2004 Q4 12,019 21 12 1747.2
2004 Q3 11,001 22 7 1999.8
2004 Q2 15,159 20 9 1319.3
2004 Q1 11,329 16 7 1412.3
2003 Q4 13,932 4 3 287.1
2003 Q3 12,081 16 9 1324.4
2003 Q2 14,583 7 2 480.0
2003 Q1 15,562 21 12 1349.4
2002 Q4 19,175 16 7 834.4
2002 Q3 15,853 14 12 883.1
2002 Q2 18,716 9 4 480.9
2002 Q1 14,843 8 3 539.0
2001 Q4 6,693 3 2 448.2
No fatalities recorded at this mine.

Reportable incidents

8 on file

2005 · 2 incidents

October 26, 2005 VA · Coal FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Nehemiah Coal Company Inc · Accident type, without injuries

Sometime before 7AM on 10/26/05 a rock fell from the highwall onto the canopy at belt heading at portal causing the canopy to hit our rail runner and belt. Size is approximately 18 feet wide 6 feet high and 3 1/2 feet deep. NO INJURIES!!

February 8, 2005 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Nehemiah Coal Company Inc · Struck by falling object

EMPLOYEE WAS BOLTING TOP AND A PIECE OF ROCK FELL OUT AND WENT AROUND THE CANOPY AND HIT EMPLOYEE ON LOWER BACK. EMPLOYEE WORKED THE REST OF THE SHIFT AND WENT TO THE DOCTOR ON 2/9/05 AND WAS GIVEN A RETURN TO WORK(OUTSIDE SEATED JOB) FOR 2/9/05. HE RETURNED ON 2/10/05 AND WORKED OUTSIDE UNTIL 2/24/05 WHEN HE WAS RETURNED TO WORK BY DOCTOR TO FULL DUTY NO RESTRICTIONS.

2004 · 4 incidents

April 30, 2004 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Nehemiah Coal Company Inc · Struck by falling object

Bolt wrench slipped and went into left leg. Left thigh..lacerations 6 to 8 inches below groin area. Laceration &puncture wound of upper inside left thigh..about 3 inches deep and it took 13 to 18 staples to close the wound. Employee was Medflighted to Wellmont Brisol Hospital, Bristol, TN. X-rays and CT scans are negative, holding for observation.. HIRED 4/28/04

April 12, 2004 VA · Coal FALL OF ROOF OR BACK
Nehemiah Coal Company Inc · Accident type, without injuries

Roof Fall in 1st left section of entry #9 between spads #495 entending to spad #493 in GOB area of bleeder . Fall was approximately 150 feet long and 5 feet thick. Fall was discovered by Jerry Freeman and it was investigated by MSHA's James Duckworth. Steps taken to prevent recurrence of accident is to seal the area.

March 30, 2004 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Nehemiah Coal Company Inc · Over-exertion (Not Elsewhere Classified)

Employee informed me on 5/5/04 that he had reinjured his knee from an accident in 2003. Ended up being the wrong knee!! Therefore he decided that he hurt his right knee on 3/30/04 when he stepped from the rock truck..never stopped hurting..went to Doctor on 5/5/04. Was warned on 5/3/04 about missing work & failure to do job duties. He has been terminated. CONTESTED!!

March 23, 2004 VA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
Nehemiah Coal Company Inc · Struck by... (Not Elsewhere Classified)

Employee was helping to get belt roller off and employee's left index finger was hit with sledge hammer. Employee has open fracture to left index finger...went to Emergency Room, received tetnus shot, ancef shot and xrays and went to Orthopedist on 3/23/04. Orthopedist stitched finger and employee returned to work on 3/24/04.

2003 · 2 incidents

September 29, 2003 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs)

EE WAS BOLTING TOP AND A ROCK FELL ON CANOPY AND HIT EE ON RIGHT SHOULDER. EE WENT TO THE DOCTOR AND RETURNED TO WORK THE NEXT DAY. HE CONTINUEDHIS REGULAR JOB UNTIL HE WENT TO DOCTOR ON 10-16 -03 BECAUSE HE WAS HAVING PROBLEMS WITH HIS ARM.

February 12, 2003 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) STEPPING OR KNEELING ON OBJECT
Nehemiah Coal Company Inc · Struck against stationary object

EE DID NOT REPORT THIS ACCIDENT UNTIL 2-20-03. THE STATED HE WAS HELPING WITH A BELT MOVE AND STEPPED ON A BELT ROLLER AND HIS LEFT KNEE POPPED, HE SAID IT DID NOT START HURTING UNTIL FRIDAY O R SATURDAY, HOWEVER HE DID NOT REPORT IT TO THE SECTION BOXX UNTIL 2-20-03. WORKERS COMP HAS NOT MADE A RULING ON THIS.