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No 8: 451 MSHA citations Coal

Capital Coal Corporation · Underground
McClure, Dickenson County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407214

No 8 has $92K in proposed MSHA penalties and $0 outstanding across 28 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2010–2014
Latest incident
Nov 2014
Compliance record
MSHA citations since 2009
451
citations
110
significant & substantial
$91,973
proposed penalties
$80,616
paid to date
88% of proposed penalties paid to date, a $11,357 gap.
Source: MSHA violations data, updated weekly.
See Capital Coal Corporation's full MSHA compliance history →
Inspection activity
MSHA inspections since 2008
95
inspections on record
4,112
inspection hours
11.0
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.
451 citations across 4,112 inspection hours.
Source: MSHA inspections data, updated weekly.

No 8 has $92K in proposed MSHA penalties and $0 outstanding across 28 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.
$92K
proposed penalties
$81K
current assessed
$81K
paid to date
$0
outstanding
442 assessments are final orders; 28 contested dockets.
Of $57K in penalties contested before the Commission, $44K was upheld in final decisions.
As of the most recent assessment on 2015-10-14.
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.
24.9%
significant & substantial
0.5%
high negligence or reckless
24.9%
reasonably likely or greater
13.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 19.0% low, 80.3% moderate, 0.5% 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.
229 citations taken to the federal commission · 51% of citations on record
  • Settled 218 · 95%
  • Stood as issued 7 · 3%
  • Vacated or withdrawn 4 · 2%
93%
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 67 decided S&S contests · industry: 79%
23%
Penalty reduction in decided contests
$57K proposed, $44K 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 2016-03-23.
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 2011-128 Settlement Lesnick 2011 $5K → $4K
VA 2012-294 Settlement Lesnick 2014 $4K → $3K
VA 2016-0015 Settlement Lesnick 2016 $4K → $3K
VA 2012-369 Settlement Lesnick 2014 $4K → $3K
VA 2014-60 Settlement Feldman 2014 $4K → $3K
VA 2015-0184 Settlement Lesnick 2015 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 8 shows 99% of 441 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: 2015-09-23, 10 years ago
99%
within 1.5 mg/m3
441
samples
3.03
dust max (mg/m3)
2
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.
191 samples taken by MSHA inspectors, 250 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR238
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)47
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)23

Silica (quartz)

Last sampled: 2015-09-02, 10 years ago
5.3
silica avg (%)
6
samples
6.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR5
See US coal mines ranked by silica in their dust samples.

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: 2015-02-27, 11 years ago
4%
over PEL
48
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)14
  • CONTINUOUS MINER OPERATOR8
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)6
See US mines ranked by noise samples over the legal limit.
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
2015 95% 55
2014 98% 61
2013 100% 61
2012 100% 63
2011 100% 62
2010 100% 63
2009 99% 71
2008 100% 5
Silica (quartz) by year
Year silica avg (%) samples
2015 5.7 3
2014 5.0 2
2010 5.0 1
Noise by year
Year over PEL samples
2015 0% 7
2014 13% 8
2013 0% 7
2012 0% 5
2011 0% 5
2010 0% 5
2009 9% 11
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 8 recorded 0.00 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.
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 3.76 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 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 * 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. Paramont Coal Company Virginia LLC 2008 to 2008
  2. Capital Coal Corporation 2008 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)
2015 13 33,995
2014 14 51,994
2013 12 40,388
2012 13 33,353
2011 13 39,055
2010 11 30,305
2009 8 32,389
2008 2 2,636
Source: MSHA quarterly employment and production, updated weekly.

No 8 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
2015 Q4 2,674 7 2 2617.8
2015 Q3 7,601 10 1 1315.6
2015 Q2 7,645 15 5 1962.1
2015 Q1 7,821 19 5 2429.4
2014 Q4 7,989 16 4 2002.8
2014 Q3 7,968 10 1 1255.0
2014 Q2 7,913 24 2 3033.0
2014 Q1 7,424 5 3 673.5
Show 24 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q4 6,953 18 2 2588.8
2013 Q3 6,466 19 5 2938.4
2013 Q2 6,811 22 4 3230.1
2013 Q1 7,263 10 4 1376.8
2012 Q4 7,271 21 8 2888.2
2012 Q3 7,013 10 1 1425.9
2012 Q2 7,279 15 1 2060.7
2012 Q1 7,279 32 10 4396.2
2011 Q4 6,554 17 5 2593.8
2011 Q3 7,042 7 5 994.0
2011 Q2 7,455 21 5 2816.9
2011 Q1 6,349 21 6 3307.6
2010 Q4 4,701 15 6 3190.8
2010 Q3 4,321 16 5 3702.8
2010 Q2 5,414 18 3 3324.7
2010 Q1 4,429 19 3 4289.9
2009 Q4 4,889 17 7 3477.2
2009 Q3 3,925 8 1 2038.2
2009 Q2 4,117 18 3 4372.1
2009 Q1 3,884 20 3 5149.3
2008 Q4 2,099 0 0 0.0
2008 Q3 0 0 0
2008 Q2 0 0 0
2008 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2014 · 1 incident

2013 · 1 incident

2010 · 1 incident

October 14, 2010 VA · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Capital Coal Corporation · Struck against a moving object

While operating shuttle car the victim ran thru a pothole causing the car to bounce and felt pain in his lower back.