Mining Incidents

Mine No. 7: 302 MSHA citations Coal

Controlled by James C Justice III
Elk Valley, Campbell County, TN  ·  Abandoned
MSHA Mine ID: 4003204

Mine No. 7 has $142K in proposed MSHA penalties and $7K outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
16
Years on record
2003–2011
Latest incident
Sep 2011
Compliance record
MSHA citations since 2003
302
citations
166
significant & substantial
$141,869
proposed penalties
$126,901
paid to date
89% of proposed penalties paid to date, a $14,968 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
53
inspections on record
2,364
inspection hours
12.8
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.
302 citations across 2,364 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No. 7 has $142K in proposed MSHA penalties and $7K outstanding across 6 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.
$142K
proposed penalties
$134K
current assessed
$127K
paid to date
$7K
outstanding
291 assessments are final orders; 6 contested dockets.
Of $21K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2012-07-10.
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.
57.0%
significant & substantial
0.7%
high negligence or reckless
57.0%
reasonably likely or greater
19.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.7% low, 96.6% 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.
25 citations taken to the federal commission · 8% of citations on record
  • Settled 22 · 88%
  • Vacated or withdrawn 3 · 12%
80%
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 15 decided S&S contests · industry: 79%
41%
Penalty reduction in decided contests
$21K proposed, $13K 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 2011-06-03.
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
SE 2008-76 Settlement Zielinski 2008 $12K → $9K
SE 2008-297 Settlement Lesnick 2008 $7K → $2K
SE 2011-569 Settlement Zielinski 2012 $924 → $606
SE 2008-77 Settlement Melick 2008 $885 → $585
SE 2009-172 Vacate Miller 2010 $100 → $0
SE 2010-806 Settlement Lesnick 2012 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No. 7 shows 99% of 321 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: 2012-05-16, 14 years ago
99%
within 1.5 mg/m3
321
samples
1.75
dust max (mg/m3)
253 samples taken by MSHA inspectors, 68 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR96
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE74
  • HIGHLIFT OPERATOR/FRONT END LOADER46

Silica (quartz)

Last sampled: 2010-08-20, 16 years ago
21.7
silica avg (%)
16
samples
52.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR10
  • HIGHLIFT OPERATOR/FRONT END LOADER2
  • HIGHWALL DRILL 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: 2012-05-16, 14 years ago
8%
over PEL
190
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE50
  • BULLDOZER OPERATOR49
  • HIGHLIFT OPERATOR/FRONT END LOADER32
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
2012 100% 5
2011 100% 8
2010 100% 40
2009 99% 81
2008 100% 60
2007 97% 30
2006 100% 26
2005 100% 35
2004 100% 25
2003 100% 11
Silica (quartz) by year
Year silica avg (%) samples
2010 22.5 1
2009 8.0 3
2008 12.1 2
2007 14.4 2
2006 51.9 1
2005 20.5 4
2004 29.1 1
2003 42.6 2
Noise by year
Year over PEL samples
2012 0% 5
2011 20% 5
2010 11% 19
2009 7% 42
2008 6% 33
2007 17% 24
2006 0% 17
2005 0% 30
2004 0% 4
2003 27% 11
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No. 7 recorded 6.18 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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.
6.18
total case rate
6.18
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Tennessee, coal mining averaged 4.18 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
2011 * 6.18 6.18 0.000
2010 3.76 3.76 0.000
2009 6.57 3.29 0.000
2008 0.00 0.00 0.000
2007 5.19 3.46 0.000
2006 0.00 0.00 0.000
2005 0.00 0.00 0.000
2004 * 6.18 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. Robert Clear Coal Corporation 2003 to 2004
  2. National Coal Corporation 2004 to 2010
  3. National Coal LLC 2010 to 2010
  4. Premium Coal Company. Inc. 2010 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)
2013 1
2012 4
2011 14 25,915
2010 48 163,777
2009 70 317,438
2008 59 304,775
2007 47 286,184
2006 51 300,327
2005 45 267,657
2004 31 157,086
2003 33 84,293
Source: MSHA quarterly employment and production, updated weekly.

Mine No. 7 sits in Campbell County, Tennessee, where the Census mining category is 0.6% 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.
Campbell County, Tennessee · Population 39,568
0.6%
Mining share of county employment
$50,260
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
2013 Q4 0 0 0
2013 Q1 315 0 0 0.0
2012 Q4 0 0 0
2012 Q3 0 3 0
2012 Q2 3,741 0 0 0.0
2012 Q1 3,643 0 0 0.0
2011 Q4 9,640 9 6 933.6
2011 Q3 16,049 3 1 186.9
Show 32 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q2 5,855 5 1 854.0
2011 Q1 815 0 0 0.0
2010 Q4 28,291 0 0 0.0
2010 Q3 30,094 12 9 398.8
2010 Q2 17,199 0 0 0.0
2010 Q1 30,903 15 8 485.4
2009 Q4 51,525 1 0 19.4
2009 Q3 47,377 11 3 232.2
2009 Q2 38,240 0 0 0.0
2009 Q1 45,383 23 16 506.8
2008 Q4 37,154 4 0 107.7
2008 Q3 43,233 32 27 740.2
2008 Q2 34,225 4 3 116.9
2008 Q1 34,559 17 8 491.9
2007 Q4 32,041 0 0 0.0
2007 Q3 33,738 6 1 177.8
2007 Q2 23,071 34 21 1473.7
2007 Q1 26,669 2 1 75.0
2006 Q4 28,030 0 0 0.0
2006 Q3 33,463 9 5 269.0
2006 Q2 33,850 0 0 0.0
2006 Q1 41,543 2 2 48.1
2005 Q4 28,908 0 0 0.0
2005 Q3 33,295 11 7 330.4
2005 Q2 29,288 0 0 0.0
2005 Q1 27,429 6 0 218.7
2004 Q4 10,198 0 0 0.0
2004 Q3 6,129 12 1 1957.9
2004 Q2 23,796 0 0 0.0
2004 Q1 24,616 14 1 568.7
2003 Q4 22,169 0 0 0.0
2003 Q3 12,479 8 3 641.1
No fatalities recorded at this mine.

Reportable incidents

16 on file

2011 · 2 incidents

September 17, 2011 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Premium Coal Company. Inc. · Struck by flying object

While removing a track link from a D8R, employee hit the old link with a hammer. A sliver of metal came off the link and penetrated his right arm.

August 29, 2011 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Premium Coal Company. Inc. · Fall from machine

The employee alleges he was thrown/knocked from the tracks of the dozer, while he was relieving himself, when a 777 truck bed came into contact with the dozer blade at the dump site. The company has reason to believe that this was a staged accident and will contact the workers comp claim.

2010 · 2 incidents

November 10, 2010 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
National Coal Corporation · Struck against a moving object

Injured was in 777C Truck getting loaded with 992D 101 Loader when rock came out of bucket and jarred truck and driver. Truck driver was complaining with neck and head hurting and hands going numb at 7:30 pm.

January 8, 2010 TN · Coal pumper SLIP OR FALL OF PERSON
National Coal Corporation · Fall onto or against objects

Injured person was pulling on a sheet of plastic to cover hay stack, when tension released on plastic, causing injured to fall striking elbow on metal culvert band. No lacerations reported only bruising. Entire body struck ground.

2009 · 6 incidents

August 31, 2009 TN · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
National Coal Corporation · Struck by flying object

Working on crusher. Striking gear with hammer caused small particle to fly into eye.

August 6, 2009 TN · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
National Coal Corporation · Struck against stationary object

Injured was sliding 1 1/2" pipe inside a 4" dewatering pipe. Hand struck 4" pipe and caused injury.

May 28, 2009 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
National Coal Corporation · Struck against a moving object

Injured person was reclaiming slope of overburden, when track came in contact with rock, causing a jar in cab. Rib area started hurting.

May 19, 2009 TN · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
National Coal Corporation · Struck against a moving object

Due to wet road condition haul back slipped off edge of road into ditch. Right front tire dropped into sump and bounced out cause truck to veer into path of another haul truck. Oncoming truck was able to step before collision.

May 14, 2009 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
National Coal Corporation · Struck against a moving object

Operator ran over large rock in Caterpillar D10N. His right arm went numb from the neck to the fingers.

2007 · 3 incidents

August 21, 2007 TN · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
National Coal Corporation · Struck against a moving object

Truck (777 Cat.) ran out of road and turned over two times. Was wearing seat belt.

February 14, 2007 TN · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
National Coal Corporation · Fall from machine

EE was scraping ice from windshield, EE slipped on catwalk and fell to the ground from the cat walk, on the 777 Cat Dump Truck.

January 30, 2007 TN · Coal outside foreman, leadman HANDLING OF MATERIALS
National Coal Corporation · Struck by... (Not Elsewhere Classified)

Employee was dropping hitch on a light plant; hitch stand was frozen and came loose striking employee chin requiring stitches.

2004 · 2 incidents

October 2, 2004 TN · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Robert Clear Coal Corporation · Struck against a moving object

LOADER LOADED ROCK INTO DUMP TRUCK. (EE WAS SITTING IN DUMP TRUCK - JARRING CAUSED MUSCLE STRAIN IN LOWER BACK.)

2003 · 1 incident