Mining Incidents

No. 2: 1,243 MSHA citations Coal

Controlled by Ervin Stiltner
Norton, Wise County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407081

No. 2 has $707K in proposed MSHA penalties and $144 outstanding across 12 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
23
Years on record
2004–2015
Latest incident
Apr 2015
Compliance record
MSHA citations since 2003
1,243
citations
488
significant & substantial
$707,485
proposed penalties
$653,962
paid to date
92% of proposed penalties paid to date, a $53,523 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
178
inspections on record
8,526
inspection hours
14.6
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.
1,243 citations across 8,526 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2012-06-13.
On record since 2012.
Source: MSHA imminent-danger order records, updated weekly.

No. 2 has $707K in proposed MSHA penalties and $144 outstanding across 12 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.
$707K
proposed penalties
$654K
current assessed
$654K
paid to date
$144
outstanding
1,224 assessments are final orders; 12 contested dockets.
Of $164K in penalties contested before the Commission, $111K was upheld in final decisions.
As of the most recent assessment on 2016-02-08.
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.
39.8%
significant & substantial
3.2%
high negligence or reckless
39.9%
reasonably likely or greater
17.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.0% low, 85.8% moderate, 3.1% high, 0.1% 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.
26 citations taken to the federal commission · 2% of citations on record
  • Settled 18 · 69%
  • Stood as issued 7 · 27%
  • Vacated or withdrawn 1 · 4%
96%
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 24 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$164K proposed, $111K 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 2015-10-04.
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 2012-648 Settlement McCarthy 2013 $36K → $19K
VA 2015-0266 Settlement Rae 2016 $27K → $22K
VA 2013-404 Prevail McCarthy 2015 $21K → $12K
VA 2013-81 Settlement McCarthy 2013 $18K → $14K
VA 2009-86 Settlement Lesnick 2010 $15K → $9K
VA 2012-146 Default Lesnick 2012 $14K → $14K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 2 shows 96% of 840 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: 2016-02-10, 10 years ago
96%
within 1.5 mg/m3
840
samples
4.91
dust max (mg/m3)
3
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
394 samples taken by MSHA inspectors, 446 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR434
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)108
  • SCOOP CAR OPERATOR46

Silica (quartz)

Last sampled: 2016-02-18, 10 years ago
4.6
silica avg (%)
58
samples
8.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR28
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)17

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: 2016-02-08, 10 years ago
5%
over PEL
99
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)23
  • CONTINUOUS MINER OPERATOR17
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)14
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
2016 100% 14
2015 90% 71
2014 97% 79
2013 95% 58
2012 100% 65
2011 100% 67
2010 93% 67
2009 91% 68
2008 95% 62
2007 97% 63
2006 95% 65
2005 96% 74
2004 99% 74
2003 100% 13
Silica (quartz) by year
Year silica avg (%) samples
2016 4.3 2
2015 4.7 3
2014 4.3 4
2013 4.6 1
2012 4.4 3
2011 0.7 1
2010 3.4 5
2009 5.0 10
2008 5.2 3
2007 4.5 5
2006 5.0 5
2005 3.6 7
2004 6.2 8
2003 5.7 1
Noise by year
Year over PEL samples
2016 0% 2
2015 8% 12
2014 8% 12
2013 0% 8
2011 0% 10
2010 0% 5
2009 8% 12
2008 0% 5
2007 0% 5
2006 0% 5
2005 10% 10
2004 8% 13
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 2 recorded 10.66 reportable injury cases per 100 full-time workers in 2015.

Injury rate, 2015
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.
10.66
total case rate
3.55
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
In Virginia, coal mining averaged 6.64 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
2015 * 10.66 3.55 0.000
2014 1.93 1.93 0.000
2013 * 6.11 2.04 0.000
2012 * 12.01 6.01 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 6.28 6.28 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. Regent Allied Carbon Energy, Inc. 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)
2016 5 18,291
2015 23 64,613
2014 41 97,641
2013 44 94,083
2012 44 123,180
2011 43 126,222
2010 41 106,909
2009 42 117,740
2008 41 117,972
2007 41 127,884
2006 41 132,986
2005 38 141,706
2004 35 166,669
2003 22 35,008
Source: MSHA quarterly employment and production, updated weekly.

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
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 12,858 11 1 855.5
2015 Q4 12,630 12 2 950.1
2015 Q3 14,049 19 5 1352.4
2015 Q2 14,768 29 14 1963.7
2015 Q1 14,857 32 19 2153.9
Show 46 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q4 18,565 72 26 3878.3
2014 Q3 25,599 35 15 1367.2
2014 Q2 31,291 43 14 1374.2
2014 Q1 27,981 26 9 929.2
2013 Q4 26,038 11 2 422.5
2013 Q3 24,587 6 0 244.0
2013 Q2 30,041 24 11 798.9
2013 Q1 17,545 11 3 627.0
2012 Q4 24,333 25 4 1027.4
2012 Q3 23,875 7 1 293.2
2012 Q2 25,928 18 6 694.2
2012 Q1 25,755 26 10 1009.5
2011 Q4 24,412 43 15 1761.4
2011 Q3 23,171 18 8 776.8
2011 Q2 24,162 40 12 1655.5
2011 Q1 24,742 20 10 808.3
2010 Q4 23,218 18 7 775.3
2010 Q3 23,024 38 19 1650.5
2010 Q2 26,968 37 9 1372.0
2010 Q1 21,164 22 7 1039.5
2009 Q4 24,553 13 2 529.5
2009 Q3 21,296 25 8 1173.9
2009 Q2 25,206 10 3 396.7
2009 Q1 25,623 12 1 468.3
2008 Q4 24,318 17 5 699.1
2008 Q3 21,983 11 2 500.4
2008 Q2 25,208 14 5 555.4
2008 Q1 24,044 18 1 748.6
2007 Q4 24,202 44 15 1818.0
2007 Q3 22,814 28 9 1227.3
2007 Q2 24,397 29 13 1188.7
2007 Q1 23,411 44 29 1879.5
2006 Q4 23,639 26 12 1099.9
2006 Q3 22,279 17 9 763.1
2006 Q2 21,911 22 10 1004.1
2006 Q1 21,948 44 26 2004.7
2005 Q4 21,875 15 7 685.7
2005 Q3 19,678 6 0 304.9
2005 Q2 21,839 7 1 320.5
2005 Q1 21,161 12 6 567.1
2004 Q4 20,756 39 24 1879.0
2004 Q3 19,148 58 34 3029.0
2004 Q2 18,581 38 21 2045.1
2004 Q1 17,800 13 5 730.3
2003 Q4 16,314 15 4 919.5
2003 Q3 639 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

23 on file

2015 · 4 incidents

April 21, 2015 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Regent Allied Carbon Energy, Inc. · Struck against a moving object

While tramming a double head fletcher roof bolter two breaks outby the section feeder EE trammed the roof bolter over uneven (hump) bottom bounced him against the top injuring his chest and back.

April 9, 2015 VA · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Regent Allied Carbon Energy, Inc. · Struck by... (Not Elsewhere Classified)

EE was removing a nylon strap (metal hook on both ends) The strap twisted imbedding the metal hook in the left nostril (nose).

March 7, 2015 VA · Coal FALL OF ROOF OR BACK
Regent Allied Carbon Energy, Inc. · Accident type, without injuries

While extracting partial pillar recovery #6 entry the 2nd right cut out of the pillar an unintentional roof fall trapping our continuous miner under approximately 4' to 5' of roof. This area appeared to have laminated roof condition.

February 26, 2015 VA · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Regent Allied Carbon Energy, Inc. · Struck against a moving object

While handling wooden crib blocks EE mashed his middle finger on left hand injuring the fingernail of his middle finger.

2014 · 1 incident

April 21, 2014 VA · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Regent Allied Carbon Energy, Inc. · Struck against a moving object

Employee stated the brakes locked up on #2 shuttle car, the car slid in to the rib corner.

2013 · 3 incidents

October 29, 2013 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Regent Allied Carbon Energy, Inc. · Struck by falling object

Roof bolter was moving across section - pulled cable down struck employee hard hat

August 29, 2013 VA · Coal continuous miner operator, coal mole operator DUST DISEASE OF LUNGS
Regent Allied Carbon Energy, Inc. · Inhalation of radiations, caustics, toxic and noxious substances

Former employee filed a claim for Black Lung.

April 22, 2013 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Regent Allied Carbon Energy, Inc. · Struck against a moving object

Employee said he was operating the mantrip. When he tried to stop, the brakes failed. The pin came out of the brake cable.

2012 · 6 incidents

September 17, 2012 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Regent Allied Carbon Energy, Inc. · Over-exertion in lifting objects

Employee was rockdusting around power venter - He lifted a bag of rockdust said he felt pain in lower back. Did not report accident to management until 10/1/2012.

September 1, 2012 VA · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator OTHER
Regent Allied Carbon Energy, Inc. · Over-exertion (Not Elsewhere Classified)

Employee alleged he hurt his back on the job in September 2012. He did not report to the supervisor

June 10, 2012 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Regent Allied Carbon Energy, Inc. · Struck against stationary object

EE said he was riding a 3 wheel mantrip he said he hit his head on the mine roof.

May 30, 2012 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech DUST DISEASE OF LUNGS
Regent Allied Carbon Energy, Inc. · Inhalation of radiations, caustics, toxic and noxious substances

Former employee filed a claim for black lung

March 7, 2012 VA · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss DUST DISEASE OF LUNGS
Regent Allied Carbon Energy, Inc. · Inhalation of radiations, caustics, toxic and noxious substances

Employee filed claim for Black Lung Benefits.

2008 · 3 incidents

December 19, 2008 VA · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator MACHINERY
Regent Allied Carbon Energy, Inc. · Struck by... (Not Elsewhere Classified)

Employee was operating the roof drill, he alledged that he pulled the wrong lever and the drill head hit his right leg.

July 29, 2008 VA · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Regent Allied Carbon Energy, Inc. · Struck by... (Not Elsewhere Classified)

Belt foreman was jacking up tailpiece to put a header board under it. He was cleaning out under the tailpiece foot when the jsck kicked out, let the tailpiece drop down.

January 11, 2008 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Regent Allied Carbon Energy, Inc. · Struck by... (Not Elsewhere Classified)

Employee was operating the fletcher roof drill he let the drill head down on his right ankle.

2007 · 2 incidents

December 17, 2007 VA · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Regent Allied Carbon Energy, Inc. · Struck by rolling or sliding object

EE was sitting in the deck of his shuttle car, he had his left foot outside the deck. A piece of rock rolled over on his foot, his shuttle car was not in use at the time.

July 21, 2007 VA · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Regent Allied Carbon Energy, Inc. · Struck by... (Not Elsewhere Classified)

Employee was trying to move a rock that was hung in the section tailpiece with a piece of pinner steel. The steel slipped & one end hit the employee in the chest.

2006 · 1 incident

December 21, 2006 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FALL OF ROOF OR BACK
Regent Allied Carbon Energy, Inc. · Struck by falling object

Employee was setting a hydraulic tailpiece jack at the section tailpiece. He alledged that a piece of rock broke loose from the roof when pressure was applied to the jack, stiking him on the left shoulder.

2004 · 3 incidents

July 28, 2004 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Regent Allied Carbon Energy, Inc. · Over-exertion (Not Elsewhere Classified)

Ee was rolling a wheel unit over to the shuttle car when lifting and pulling on unit felt pain in lower back.

March 4, 2004 VA · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Regent Allied Carbon Energy, Inc. · Over-exertion in pulling or pushing objects

EE SAID HE WAS UNLOADING BELT STRUCTURE FROM THE SCOOP BUCKET AND HE PULLED SOMETHING IN HIS BACK.

February 27, 2004 VA · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler MACHINERY
Regent Allied Carbon Energy, Inc. · Struck by powered moving object

EMPLOYEE WAS INSTALLING BELT HANGERS. HE SWUNG THE HEAD OF THE ROOF BOLTER OVER TOO FALL STRIKING HIMSELF IN THE RIBS WITH THE HEAD TRAY.