Mining Incidents

Nine Mile Reclamation No. 2: 141 MSHA citations Coal

Appalachia, Wise County, VA  ·  Abandoned
MSHA Mine ID: 4407011

Nine Mile Reclamation No. 2 has $50K in proposed MSHA penalties and $0 outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
17
Years on record
2001–2009
Latest incident
Jul 2009
Compliance record
MSHA citations since 2001
141
citations
64
significant & substantial
$49,501
proposed penalties
$40,416
paid to date
82% of proposed penalties paid to date, a $9,085 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
54
inspections on record
1,576
inspection hours
8.9
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.
141 citations across 1,576 inspection hours.
Source: MSHA inspections data, updated weekly.

Nine Mile Reclamation No. 2 has $50K in proposed MSHA penalties and $0 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.
$50K
proposed penalties
$40K
current assessed
$40K
paid to date
$0
outstanding
139 assessments are final orders; 6 contested dockets.
Of $15K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2010-05-18.
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.
46.0%
significant & substantial
0.0%
high negligence or reckless
46.0%
reasonably likely or greater
43.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.5% low, 83.5% moderate, 0.0% 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.
12 citations taken to the federal commission · 9% of citations on record
  • Settled 11 · 92%
  • Stood as issued 1 · 8%
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 10 decided S&S contests · industry: 79%
59%
Penalty reduction in decided contests
$15K proposed, $6K 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 2010-01-04.
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 2008-223 Settlement Barbour 2009 $6K → $750
VA 2009-426 Settlement Paez 2010 $3K → $1K
VA 2010-168 Settlement 2010 $3K → $611
VA 2009-165 Settlement Weisberger 2010 $2K → $2K
VA 2010-13 Settlement Feldman 2011 $2K → $1K
VA 2007-61 Settlement Feldman 2008 $440 → $229
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Nine Mile Reclamation No. 2 shows 100% of 114 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: 2011-04-21, 15 years ago
100%
within 1.5 mg/m3
114
samples
1.20
dust max (mg/m3)
114 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR29
  • HIGHLIFT OPERATOR/FRONT END LOADER21
  • HIGHWALL DRILL OPERATOR21

Silica (quartz)

Last sampled: 2009-12-22, 16 years ago
15.2
silica avg (%)
23
samples
38.8
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR8
  • HIGHWALL DRILL OPERATOR8
  • BLASTER/SHOOTER/SHOTFIRER4

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: 2011-01-06, 15 years ago
0%
over PEL
47
samples
Most-sampled occupations
  • BULLDOZER OPERATOR11
  • HIGHLIFT OPERATOR/FRONT END LOADER10
  • HIGHWALL DRILL OPERATOR9
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
2011 100% 4
2009 100% 19
2008 100% 16
2007 100% 13
2006 100% 14
2005 100% 9
2004 100% 15
2003 100% 8
2002 100% 8
2001 100% 8
Silica (quartz) by year
Year silica avg (%) samples
2009 12.5 6
2008 21.6 2
2007 14.9 3
2005 21.5 5
2004 5.0 1
2002 12.0 4
2001 12.9 2
Noise by year
Year over PEL samples
2011 0% 2
2010 0% 5
2009 0% 5
2008 0% 5
2007 0% 5
2006 0% 5
2005 0% 4
2004 0% 4
2003 0% 4
2002 0% 4
2001 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Nine Mile Reclamation No. 2 recorded 2.66 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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.
2.66
total case rate
2.66
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Virginia, coal mining averaged 4.22 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
2009 * 2.66 2.66 0.000
2008 * 2.65 2.65 0.000
2007 * 0.00 0.00 0.000
2006 * 0.00 0.00 0.000
2005 * 5.77 5.77 0.000
2004 * 2.46 0.00 0.000
2003 * 2.55 2.55 0.000
2002 6.87 6.87 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. Tri-State Leasing Corp 2000 to 2005
  2. Fairbanks Coal Co., Inc. 2005 to 2015
  3. Mill Branch Coal Corporation 2015 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)
2012 0
2011 1 2,783
2010 5 26,370
2009 33 204,787
2008 33 201,122
2007 32 223,904
2006 29 235,824
2005 31 175,116
2004 35 221,732
2003 33 246,050
2002 49 427,909
2001 34 297,612
2000 0
Source: MSHA quarterly employment and production, updated weekly.

Nine Mile Reclamation No. 2 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
2012 Q1 0 0 0
2011 Q4 0 0 0
2011 Q3 0 0 0
2011 Q2 1,289 0 0 0.0
2011 Q1 1,289 0 0 0.0
2010 Q4 0 0 0
2010 Q3 0 0 0
2010 Q2 0 2 0
Show 38 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q1 11,776 4 1 339.7
2009 Q4 17,785 7 5 393.6
2009 Q3 18,950 3 3 158.3
2009 Q2 19,012 4 2 210.4
2009 Q1 19,532 2 0 102.4
2008 Q4 19,132 4 1 209.1
2008 Q3 18,443 5 2 271.1
2008 Q2 19,398 3 1 154.7
2008 Q1 18,470 4 1 216.6
2007 Q4 17,695 5 2 282.6
2007 Q3 18,049 0 0 0.0
2007 Q2 18,475 7 0 378.9
2007 Q1 18,173 9 4 495.2
2006 Q4 18,011 0 0 0.0
2006 Q3 17,796 6 3 337.2
2006 Q2 18,603 1 0 53.8
2006 Q1 9,701 9 4 927.7
2005 Q4 16,143 0 0 0.0
2005 Q3 16,755 9 7 537.2
2005 Q2 23,818 0 0 0.0
2005 Q1 12,663 5 3 394.9
2004 Q4 22,324 2 1 89.6
2004 Q3 24,573 0 0 0.0
2004 Q2 18,368 2 1 108.9
2004 Q1 15,980 4 1 250.3
2003 Q4 20,013 0 0 0.0
2003 Q3 16,402 2 0 121.9
2003 Q2 20,924 0 0 0.0
2003 Q1 21,038 4 2 190.1
2002 Q4 31,018 0 0 0.0
2002 Q3 26,407 3 2 113.6
2002 Q2 30,757 1 0 32.5
2002 Q1 28,265 0 0 0.0
2001 Q4 31,121 8 6 257.1
2001 Q3 23,959 0 0 0.0
2001 Q2 24,793 0 0 0.0
2001 Q1 8,598 2 0 232.6
2000 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

17 on file

2009 · 2 incidents

July 29, 2009 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Fairbanks Coal Co., Inc. · Fall from machine

Dismounting a rock truck, missed hand rail with right hand, foot slipped and he fell. Machine was wet from rain.

May 15, 2009 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Fairbanks Coal Co., Inc. · Struck against stationary object

unloading AN from bulk unit, handle slipped, arm hit placard, cut forearm

2008 · 1 incident

September 24, 2008 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Fairbanks Coal Co., Inc. · Struck against a moving object

Dozer on edge of wall, slipped over.

2006 · 1 incident

June 17, 2006 VA · Coal FIRE
Fairbanks Coal Co., Inc. · Accident type, without injuries

The engine on a rock truck caught on fire. It looked like a hose blew spewing fuel or oil onto hot engine.

2005 · 2 incidents

August 18, 2005 VA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Fairbanks Coal Co., Inc. · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS IN PROCESS OF CLIMBING A 992 C CAT FRONT END LOADER, WHEN ENTERING OPERATORS COMPARTMENT ,FELT A SHARP PAIN IN MID RIGHT LOWER BACK AREA. WHILE TRYING OPERATE FRONT END LOADER PAIN BECAME MORE INTENSE , AT THAT TIME CO WORKER NOTIFIED FOREMAN OF INJURY .

March 22, 2005 VA · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Fairbanks Coal Co., Inc. · Over-exertion in lifting objects

Employee was lifting a filter box from filter trailer , caused a sharp pain to right arm and chest area , which ended as a strain to muscle of arm and chest area

2004 · 2 incidents

August 31, 2004 VA · Coal quality control technician, laboratory technician, laboratory assistant HANDLING OF MATERIALS
Tri-State Leasing Corp · Struck against stationary object

Employee bent down to look at the alignment of wheel to hub. He rose and hit his head on rotating pad of tire hand.

August 18, 2004 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Tri-State Leasing Corp · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS USING AN AIR IMPACT WRENCH & CO-WORKER WAS USING A HAMMER TO REMOVE A BEARING & PIN FROM THE DOG BONE ARM OF THE LOADER. AS CO-WORKER SWUNG THE HAMMER, IT SLIPPED STRIKING THE BRIDGE OF INJURED EE'S NOSE. IT WAS A GLANCING BLOW. IT CAUSED AN ABRASION & SWELLING OF HIS NOSE.

2003 · 1 incident

July 2, 2003 VA · Coal truck driver POWERED HAULAGE
Tri-State Leasing Corp · Struck against a moving object

SEVERAL LARGE ROCKS WERE IN THE SPOIL BANK NEXT TO WORK AREA. ONE OF THESE ROCKS BROKE LOOSE AND STRUCK HAULER THAT WAS INVOLVED ON THE RIGHT BACK CORNER. NO DAMAGE TO THE TRUCK, BUT THE IMPAC T INJURED THE DRIVER.

2002 · 5 incidents

September 13, 2002 VA · Coal greaser, grease man, oiler, lube man, dragline oiler HANDTOOLS (NONPOWERED)
Tri-State Leasing Corp · Over-exertion in pulling or pushing objects

USING PRY-BAR TO PULL BACK TENSION PULLEY TO RE-PLACE FAN BELT ON COMPANY TRUCK.

June 27, 2002 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Tri-State Leasing Corp · Struck against a moving object

EE WAS RUNNING A DOZER ON THE DUMP. HE SAID HE WAS BACKING UP AND RAN OVER A ROCK AND JARRED HIS BACK.

March 13, 2002 VA · Coal drill helper MACHINERY
Tri-State Leasing Corp · Struck by falling object

THE DRILL WAS DRILLING UNDER THE HIGH WALL. 2 OTHER OPERATORS SAW THE WALL START TO FALL & RADIOED TO HIM TO GET OUT OF THE WAY. HE THOUGHT HE COULD SAVE THE STEEL BEFORE THE WALL CAME DOWN.

February 15, 2002 VA · Coal mine manager, mine foreman, mine owner POWERED HAULAGE
Tri-State Leasing Corp · Struck against a moving object

EE FELL ASLEEP AT WHEEL OF HIS PICKUP WHILE COMING BACK TO JOB SITE, FROM A PARTS RUN. PICKUP LEFT ROADWAY, STRIKING A GUARD RAIL SURROUNDING A R/R CROSSING WARNING LIGHT.

February 4, 2002 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Tri-State Leasing Corp · Over-exertion in lifting objects

LIFTING HEAVY METAL DECK LID THAT COVERS TRANS- MISSION. OPERATOR WAS OPENING DECK LID SO HE COULD CHECK TRANSMISSION OIL LEVEL.

2001 · 3 incidents

October 11, 2001 VA · Coal greaser, grease man, oiler, lube man, dragline oiler POWERED HAULAGE
Tri-State Leasing Corp · Struck against a moving object

LOST CONTROL OF SERVICE TRUCK #11 WHILE DECENDING A LONG GRADE. OPERATOR JUMPED FROM TRUCK WHEN HE DECIDED THAT HE COULD NOT REGAIN CONTROL OF TRUCK.

August 7, 2001 VA · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDTOOLS (NONPOWERED)
Tri-State Leasing Corp · Struck by... (Not Elsewhere Classified)

EMPLOYEE CUT HIS FINGER WHEN OPENING A BOX WITH A POCKET KNIFE.

February 15, 2001 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer STEPPING OR KNEELING ON OBJECT
Tri-State Leasing Corp · Struck against stationary object

WHILE STEPPING DOWN OFF OF MACHINE EMPLOYEE STEPPED ON PAD CLEAT ON THE DOZER'S TRACKS AND INJURED BOTTOM OF FOOT.