Mining Incidents

Premium: 286 MSHA citations Coal

Banner Company · Underground
Controlled by Metinvest B V
St. Paul, Virginia, Dickenson County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407181

Premium has $249K in proposed MSHA penalties and $0 outstanding across 13 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
2007–2008
Latest incident
Dec 2008
Compliance record
MSHA citations since 2007
286
citations
113
significant & substantial
$249,050
proposed penalties
$176,320
paid to date
71% of proposed penalties paid to date, a $72,730 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
49
inspections on record
1,825
inspection hours
15.7
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.
286 citations across 1,825 inspection hours.
Source: MSHA inspections data, updated weekly.

Premium has $249K in proposed MSHA penalties and $0 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.
$249K
proposed penalties
$176K
current assessed
$176K
paid to date
$0
outstanding
282 assessments are final orders; 13 contested dockets.
Of $167K in penalties contested before the Commission, $75K was upheld in final decisions.
As of the most recent assessment on 2008-12-08.
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.
40.1%
significant & substantial
5.0%
high negligence or reckless
40.4%
reasonably likely or greater
13.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 28.4% low, 66.7% moderate, 4.3% high, 0.7% 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.
58 citations taken to the federal commission · 20% of citations on record
  • Settled 39 · 67%
  • Stood as issued 12 · 21%
  • Vacated or withdrawn 7 · 12%
84%
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 38 decided S&S contests · industry: 79%
55%
Penalty reduction in decided contests
$170K proposed, $76K 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 2009-08-26.
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 2008-301 Settlement Barbour 2010 $36K → $12K
VA 2008-317 Settlement Paez 2011 $32K → $16K
VA 2008-161 Settlement Barbour 2009 $30K → $10K
VA 2008-353 Settlement Weisberger 2012 $22K → $13K
VA 2008-231 Dismissal Weisberger 2011 $18K → $0
VA 2009-145 Settlement Miller 2011 $17K → $14K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Premium shows 89% of 231 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: 2008-12-09, 17 years ago
89%
within 1.5 mg/m3
231
samples
6.36
dust max (mg/m3)
105 samples taken by MSHA inspectors, 126 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR126
  • SCOOP CAR OPERATOR18
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)18

Silica (quartz)

Last sampled: 2008-08-01, 18 years ago
4.5
silica avg (%)
12
samples
7.6
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR6

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: 2008-08-13, 18 years ago
0%
over PEL
20
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR6
  • CONTINUOUS MINER OPERATOR4
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)4
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
2008 85% 156
2007 96% 75
Silica (quartz) by year
Year silica avg (%) samples
2008 4.7 10
2007 3.1 2
Noise by year
Year over PEL samples
2008 0% 10
2007 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Premium recorded 15.19 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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.
15.19
total case rate
8.44
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In Virginia, coal mining averaged 3.66 cases per 100 workers that year.
Year total case rate days-away fatal
2008 15.19 8.44 0.000
2007 * 10.60 5.30 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. Banner 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)
2010 0
2009 0
2008 58 172,877
2007 39 160,859
2006 5
Source: MSHA quarterly employment and production, updated weekly.

Premium 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
2010 Q2 0 0 0
2009 Q1 0 0 0
2008 Q4 20,404 35 15 1715.3
2008 Q3 22,846 41 21 1794.6
2008 Q2 37,627 83 28 2205.9
2008 Q1 37,646 20 10 531.3
2007 Q4 26,653 27 8 1013.0
2007 Q3 22,510 31 14 1377.2
Show 3 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q2 18,185 27 10 1484.7
2007 Q1 8,141 11 2 1351.2
2006 Q4 2,560 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

15 on file

2008 · 10 incidents

December 2, 2008 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Banner Company · Over-exertion in lifting objects

A piece of rock fell against the bolter head as employee was bolting. He was moving the piece of rock when his lower back popped. Employee finished his shift of work and started missing the following day (12-3-08).

November 4, 2008 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Banner Company · Fall onto or against objects

Employee was pulling on a water hose, when he slipped and fell, striking a three wheel mantrip with his jaw and knocked an upper rear tooth out.

September 11, 2008 VA · Coal FALL OF ROOF OR BACK
Banner Company · Accident type, without injuries

A rock fall was found in the #1 Mains, number 8 entry approximately one break outby spad number 124. The fall was in the return entry and is not blocking the escape or hindering air flow. The fall is approximately 70 feet long by 20 feet wide by 5 feet high.

September 10, 2008 VA · Coal electrician, lineman SLIP OR FALL OF PERSON
Banner Company · Fall down stairs

Employee was carrying parts from the supply house when he slipped and fell down a set of steps breaking the small bone in his left arm. He was assigned to another job on a temporary basis.

August 15, 2008 VA · Coal electrician, lineman HANDLING OF MATERIALS
Banner Company · Caught in, under or between a moving and a stationary object

Employee got his little finger on his left hand mashed, when he was trying to get a broken bolt out of the bolter canopy. Canopy fell and caught finger, causing tip of finger to break and sutures.

June 17, 2008 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Banner Company · Struck by falling object

Employee had a piece of pinner steel in the top and as he was getting a burr off of the pusher steel, the steel fell out of the top and hit his middle finger on the right hand, causing a laceration that took 4 sutures to close. Employee has returned to work.

April 14, 2008 VA · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Banner Company · Over-exertion in pulling or pushing objects

Employee was pulling on the miner cable trying to get it out from under a rock when he felt a popping sound in his left shoulder. Diagnosed as a sprain to the left shoulder.

March 27, 2008 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Banner Company · Struck by falling object

According to the employee he drilled a hole and was in the process of trying to get the pinner steel out of the hole when the drill pot fell on his knees and thighs. He was in a kneeling position. The cause of the fall is unexplained. When checked the machine operated properly. Due to complications he started misssing work on 4-4-08.

March 6, 2008 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Banner Company · Over-exertion in lifting objects

Employee twisted sideways to pick up a box of resin and felt a pain in the center of his back. Due to complications he started missing work on March 12 2008.

January 14, 2008 VA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Banner Company · Struck by falling object

Employee was bolting top when his steel got fouled. He laid his left hand on the bolter head and the steel fell suddenly and hit the middle finger on his left hand breaking the middle joint.

2007 · 5 incidents

December 27, 2007 VA · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss POWERED HAULAGE
Banner Company · Caught in, under or between a moving and a stationary object

Employee was backing a mantrip off of a steep place, when the wheels hit an off set in the mine floor and the mantrip turned over, causing a fracture to the lower left leg.

December 6, 2007 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Banner Company · Struck by... (Not Elsewhere Classified)

Employee was getting a crawler from under the miner using a slate bar. The crawler fell, hitting the bar, causing the bar to hit employee in the left side of the head and caused a laceration to his ear that took 7 sutures to close. Employee missed no work days.

November 3, 2007 VA · Coal FALL OF ROOF OR BACK
Banner Company · Accident type, without injuries

A rock fall was found 30 feet inby spad number 295 in the number 3 entry of the number 1 mains. 20'W X 20'L X 5'H. No injuries occurred in this rock fall.

September 7, 2007 VA · Coal discontinued 1/31/2014. several other codes cover scoop car operator STRIKING OR BUMPING
Banner Company · Struck against stationary object

Employee was walking toward his hauler when he ran into a roof bolt that had been sheared off, that resulted in a laceration above his left eye that took 5 sutures. Employee was wearing safety glasses.

March 9, 2007 VA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Banner Company · Struck by... (Not Elsewhere Classified)

EE was helping on an old buggy splice---pulling off tape, when the tape slipped and an opened knife he had in his hand, closed up on his little finger on his right hand requiring 7 sutures.