Surface Minerals Company · Caught in, under or between collapsing material or buildings
The highwall fell in and pinned the employee against the outer berm of the miner pit.
No. 4 HWM: 20 MSHA citations Coal
Surface Minerals Company
· Surface
Controlled by
Metinvest B V
BREAKS,
Dickenson County,
VA
·
Abandoned
MSHA Mine ID: 4407112
No. 4 HWM has $63K in proposed MSHA penalties and $60 outstanding across 1 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 4
- Years on record
- 2005–2006
- Latest incident
- May 2006
Compliance record
MSHA citations since 2005
20
citations
6
significant & substantial
$62,745
proposed penalties
$29,185
paid to date
47% of proposed penalties paid to date, a $33,560 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
6
inspections on record
486
inspection hours
n/a
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.Rate withheld: 486 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
No. 4 HWM has $63K in proposed MSHA penalties and $60 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.$63K
proposed penalties
$29K
current assessed
$29K
paid to date
$60
outstanding
19 assessments are final orders; 1 contested dockets.
Of $90K in penalties contested before the Commission, $28K was upheld in final decisions.
As of the most recent assessment on 2006-06-27.
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.31.6%
significant & substantial
5.3%
high negligence or reckless
31.6%
reasonably likely or greater
10.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.8% low, 78.9% moderate, 5.3% 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 · 20% of citations on record
- Settled 3 · 75%
- Vacated or withdrawn 1 · 25%
67%
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 3 decided S&S contests · industry: 79%
69%
Penalty reduction in decided contests
$90K proposed, $28K 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 2007-09-28.
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 2008-1 | Settlement | Weisberger | 2010 | $90K → $28K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at No. 4 HWM shows 100% of 8 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: 2006-04-10, 20 years ago
ⓘ
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.100%
within 1.5 mg/m3
8
samples
0.27
dust max (mg/m3)
8 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
- GROUNDMAN3
- HIGHLIFT OPERATOR/FRONT END LOADER3
- AUGER 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: 2005-10-19, 20 years ago
ⓘ
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.0%
over PEL
4
samples
Most-sampled occupations
- GROUNDMAN2
- AUGER OPERATOR1
- HIGHLIFT OPERATOR/FRONT END LOADER1
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 |
|---|---|---|
| 2006 | 100% | 4 |
| 2005 | 100% | 4 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
- Red Rooster Resources LLC 2004 to 2006
- Surface Minerals Company 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 | 0 | |
| 2006 | 2 | 22,448 |
| 2005 | 7 | 42,533 |
| 2004 | 4 |
Source: MSHA quarterly employment and production, updated weekly.
No. 4 HWM sits in Dickenson County, Virginia, where the Census mining category is 9.8% 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.Dickenson County, Virginia · Population 13,920
9.8%
Mining share of county employment
$43,831
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 Q1 | 0 | 0 | 0 | |
| 2006 Q4 | 0 | 0 | 0 | |
| 2006 Q3 | 0 | 0 | 0 | |
| 2006 Q2 | 1,771 | 8 | 2 | 4517.2 |
| 2006 Q1 | 2,864 | 0 | 0 | 0.0 |
| 2005 Q4 | 3,959 | 3 | 0 | 757.8 |
| 2005 Q3 | 6,077 | 4 | 2 | 658.2 |
| 2005 Q2 | 4,187 | 0 | 0 | 0.0 |
Show 2 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2005 Q1 | 2,768 | 2 | 1 | 722.5 |
| 2004 Q4 | 863 | 0 | 0 | 0.0 |
No fatalities recorded at this mine.
Reportable incidents
4 on file2006 · 1 incident
2005 · 3 incidents
October 18, 2005
VA · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
HANDLING OF MATERIALS
Red Rooster Resources LLC · Caught in, under or between (Not Elsewhere Classified)
Employee was shoveling coal off of a mining beam that was on the fork lift when the beam caught his right foot mashing his toes.
September 19, 2005
VA · Coal
bulldozer operator, universal operator, heavy equipment operator, operating engineer
SLIP OR FALL OF PERSON
Red Rooster Resources LLC · Fall from machine
Employee was standing on the hose chain of the Highwall Miner and as he was stepping off onto a support beam he slipped and fell a distance of approximately three (3) feet.
September 9, 2005
VA · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
HANDLING OF MATERIALS
Red Rooster Resources LLC · Caught in, under or between (Not Elsewhere Classified)
Employee was lifting a piece of metal (1/4"x30"x42") and as he lay it down it caught the side and little finger on the left hand.