Mining Incidents

No. 5: 622 MSHA citations Coal

DaCoal Mining, Inc. · Underground
Controlled by David Stevenson
MAXIE, Buchanan County, VA  ·  Temporarily Idled
MSHA Mine ID: 4407154

No. 5 has $153K in proposed MSHA penalties and $1K outstanding across 13 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2007–2014
Latest incident
Jul 2014
Compliance record
MSHA citations since 2006
622
citations
149
significant & substantial
$152,870
proposed penalties
$137,921
paid to date
90% of proposed penalties paid to date, a $14,949 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
157
inspections on record
6,490
inspection hours
9.6
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.
622 citations across 6,490 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 5 has $153K in proposed MSHA penalties and $1K outstanding across 13 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.
$153K
proposed penalties
$139K
current assessed
$138K
paid to date
$1K
outstanding
614 assessments are final orders; 13 contested dockets.
Of $38K in penalties contested before the Commission, $24K was upheld in final decisions.
As of the most recent assessment on 2018-01-25.
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.
24.2%
significant & substantial
1.5%
high negligence or reckless
24.2%
reasonably likely or greater
16.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.7% low, 81.8% moderate, 1.5% 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.
66 citations taken to the federal commission · 11% of citations on record
  • Settled 49 · 74%
  • Stood as issued 16 · 24%
  • Vacated or withdrawn 1 · 2%
95%
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 22 decided S&S contests · industry: 79%
42%
Penalty reduction in decided contests
$42K proposed, $24K 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 2016-11-21.
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 2009-272 Settlement Feldman 2012 $18K → $8K
VA 2009-209 Settlement Melick 2010 $5K → $5K
VA 2014-1 Settlement Lesnick 2014 $3K → $2K
VA 2013-437 Settlement Moran 2014 $3K → $2K
VA 2009-335 Default Lesnick 2011 $2K → $2K
VA 2016-0038 Settlement Lesnick 2016 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 5 shows 98% of 959 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: 2018-02-21, 8 years ago
98%
within 1.5 mg/m3
959
samples
3.69
dust max (mg/m3)
0
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.
321 samples taken by MSHA inspectors, 638 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR454
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)205
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)48

Silica (quartz)

Last sampled: 2018-02-21, 8 years ago
6.1
silica avg (%)
58
samples
10.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR36
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)19

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: 2018-02-15, 8 years ago
4%
over PEL
85
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)16
  • CONTINUOUS MINER OPERATOR14
  • SHUTTLE CAR OPERATOR (OFF STANDARD)11
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
2018 100% 37
2017 100% 138
2016 100% 139
2015 98% 66
2014 98% 65
2013 99% 68
2012 99% 69
2011 96% 76
2010 96% 77
2009 97% 73
2008 97% 67
2007 98% 64
2006 90% 20
Silica (quartz) by year
Year silica avg (%) samples
2018 8.8 2
2017 7.2 6
2016 5.3 3
2015 6.6 6
2014 5.8 2
2013 5.0 2
2012 4.8 2
2011 7.2 1
2010 3.9 4
2009 6.6 8
2008 5.3 10
2007 6.8 6
2006 6.0 6
Noise by year
Year over PEL samples
2018 0% 5
2017 0% 4
2016 0% 9
2015 0% 10
2014 0% 7
2013 0% 2
2012 0% 6
2011 0% 6
2010 0% 11
2009 0% 10
2008 33% 6
2007 20% 5
2006 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 5 recorded 0.00 reportable injury cases per 100 full-time workers in 2016.

Injury rate, 2016
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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US coal mining average was 3.79 and the all-US-mining average was 2.59 cases per 100 workers.
In Virginia, coal mining averaged 4.14 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
2016 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2009 * 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. Clintwood Elkhorn Mining Co 2005 to 2006
  2. DaCoal Mining, Inc. 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)
2026 0
2025 0
2024 0
2023 0
2022 0
2021 0
2020 0
2019 0
2018 2 4,440
2017 8 15,713
2016 14 32,400
2015 11 35,855
2014 11 28,209
2013 11 43,412
2012 11 40,880
2011 11 39,774
2010 12 37,352
2009 13 39,049
2008 10 26,061
2007 11 39,703
2006 5 3,792
Source: MSHA quarterly employment and production, updated weekly.

No. 5 sits in Buchanan County, Virginia, where the Census mining category is 11.2% 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.
Buchanan County, Virginia · Population 19,857
11.2%
Mining share of county employment
$42,216
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
2026 Q1 0 0 0
2025 Q4 0 0 0
2025 Q3 0 0 0
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q3 0 0 0
2024 Q2 0 0 0
2024 Q1 0 0 0
Show 68 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 2,738 2 0 730.5
2017 Q4 3,366 3 0 891.3
2017 Q3 2,895 8 2 2763.4
2017 Q2 3,283 7 3 2132.2
2017 Q1 2,379 16 4 6725.5
2016 Q4 6,232 25 2 4011.6
2016 Q3 6,109 4 0 654.8
2016 Q2 6,160 11 3 1785.7
2016 Q1 4,819 7 1 1452.6
2015 Q4 5,828 8 1 1372.7
2015 Q3 5,661 1 0 176.6
2015 Q2 4,411 3 1 680.1
2015 Q1 4,938 6 2 1215.1
2014 Q4 4,647 6 1 1291.2
2014 Q3 10,114 8 1 791.0
2014 Q2 5,407 7 1 1294.6
2013 Q4 5,007 12 1 2396.6
2013 Q3 7,322 19 0 2594.9
2013 Q2 5,415 21 3 3878.1
2013 Q1 4,955 18 2 3632.7
2012 Q4 5,698 10 3 1755.0
2012 Q3 6,854 14 2 2042.6
2012 Q2 4,979 9 1 1807.6
2012 Q1 5,843 22 5 3765.2
2011 Q4 4,173 10 2 2396.4
2011 Q3 5,167 8 4 1548.3
2011 Q2 5,468 15 3 2743.2
2011 Q1 4,848 16 5 3300.3
2010 Q4 5,471 8 5 1462.3
2010 Q3 4,584 6 2 1308.9
2010 Q2 5,204 13 4 2498.1
2010 Q1 4,626 12 5 2594.0
2009 Q4 5,606 12 1 2140.6
2009 Q3 5,345 16 6 2993.5
2009 Q2 6,336 24 5 3787.9
2009 Q1 6,788 27 5 3977.6
2008 Q4 4,541 8 2 1761.7
2008 Q3 3,182 15 3 4714.0
2008 Q2 4,870 17 3 3490.8
2008 Q1 3,608 23 11 6374.7
2007 Q4 5,898 20 3 3391.0
2007 Q3 3,711 13 3 3503.1
2007 Q2 2,917 16 6 5485.1
2007 Q1 3,593 10 1 2783.2
2006 Q4 4,816 15 5 3114.6
2006 Q3 1,597 0 0 0.0
2006 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2014 · 1 incident

July 15, 2014 VA · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
DaCoal Mining, Inc. · Struck against a moving object

Employee was operating a 21SC shuttle car when he hit a hole in the bottom (mine floor) causing him to bounce in the operator's seat causing injury to his lower back and tail bone.

2010 · 1 incident

March 10, 2010 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
DaCoal Mining, Inc. · Caught in, under or between a moving and a stationary object

EE was installing roof bolts when his glove (leather) was caught between the head (drill) and pinner steel dislocating the thumb on his right hand.

2007 · 1 incident

May 8, 2007 VA · Coal FALL OF ROOF OR BACK
DaCoal Mining, Inc. · Accident type, without injuries

A roof fall occurred in the #4 entry crosscut (break). The fall measured approximately 30' in length, 10' in width and 48" to 60" in thickness covering up our Fletcher single head roof bolter.