Mining Incidents

Smith Gap Surface Mine: 50 MSHA citations Coal

Trammel, Dickenson County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407272

Smith Gap Surface Mine has $36K in proposed MSHA penalties and $0 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2011–2013
Latest incident
Jun 2013
Compliance record
MSHA citations since 2011
50
citations
14
significant & substantial
$36,098
proposed penalties
$28,972
paid to date
80% of proposed penalties paid to date, a $7,126 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
15
inspections on record
815
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: 815 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
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: 2013-07-15.
On record since 2013.
Source: MSHA imminent-danger order records, updated weekly.

Smith Gap Surface Mine has $36K in proposed MSHA penalties and $0 outstanding across 5 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.
$36K
proposed penalties
$29K
current assessed
$29K
paid to date
$0
outstanding
49 assessments are final orders; 5 contested dockets.
Of $29K in penalties contested before the Commission, $22K was upheld in final decisions.
As of the most recent assessment on 2014-03-17.
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.
28.6%
significant & substantial
4.1%
high negligence or reckless
28.6%
reasonably likely or greater
53.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.4% low, 75.5% moderate, 4.1% 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.
10 citations taken to the federal commission · 20% of citations on record
  • Settled 10 · 100%
90%
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 10 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$29K proposed, $22K 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 2014-04-14.
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 2014-0214 Settlement Barbour 2015 $9K → $7K
VA 2014-0241 Settlement Barbour 2015 $9K → $7K
VA 2013-307 Settlement Gill 2014 $5K → $4K
VA 2012-326 Settlement Koutras 2013 $4K → $3K
VA 2013-425 Settlement Gill 2014 $605 → $450
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Smith Gap Surface Mine shows 100% of 54 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: 2015-06-24, 11 years ago
100%
within 1.5 mg/m3
54
samples
1.00
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.
52 samples taken by MSHA inspectors, 2 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR13
  • HIGHLIFT OPERATOR/FRONT END LOADER9
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE9

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: 2014-03-05, 12 years ago
0%
over PEL
30
samples
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR6
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5
  • BACKHOE OPERATOR4
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 100% 10
2014 100% 7
2013 100% 14
2012 100% 16
2011 100% 7
Noise by year
Year over PEL samples
2014 0% 5
2013 0% 14
2012 0% 5
2011 0% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Smith Gap Surface Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2014.

Injury rate, 2014
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
Below average. The US coal mining average was 3.96 and the all-US-mining average was 2.93 cases per 100 workers.
In Virginia, coal mining averaged 5.11 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
2014 * 0.00 0.00 0.000
2013 * 4.03 2.01 0.000
2012 1.61 1.61 0.000
2011 * 5.55 2.77 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. 2010 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 1
2014 12 46,159
2013 48 163,242
2012 55 285,614
2011 33 171,626
2010 0
Source: MSHA quarterly employment and production, updated weekly.

Smith Gap Surface Mine 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 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 1,119 0 0 0.0
2014 Q4 4,182 0 0 0.0
2014 Q3 4,317 0 0 0.0
2014 Q2 5,325 0 0 0.0
2014 Q1 10,359 4 0 386.1
2013 Q4 20,992 1 0 47.6
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q3 22,632 6 2 265.1
2013 Q2 27,788 0 0 0.0
2013 Q1 27,951 8 5 286.2
2012 Q4 31,723 0 0 0.0
2012 Q3 31,861 0 0 0.0
2012 Q2 30,651 3 0 97.9
2012 Q1 30,125 1 0 33.2
2011 Q4 27,899 0 0 0.0
2011 Q3 27,468 11 4 400.5
2011 Q2 16,707 0 0 0.0
2011 Q1 0 0 0
2010 Q4 0 0 0
2010 Q3 0 0 0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2013 · 2 incidents

June 19, 2013 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Paramont Coal Company Virginia, LLC. · Struck against a moving object

993 loader was in the process of loading the 785 hauler when he approached the hauler with a bucket of material. His right side tire fell in deep mine break causing the bucket to hit the bed of the hauler the employee was in. This resulted in the hauler employee straining his neck/upper body. Was taken off work by doctor on 6/27/13.

April 9, 2013 VA · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey DUST DISEASE OF LUNGS
Paramont Coal Company Virginia, LLC. · Inhalation of radiations, caustics, toxic and noxious substances

Received a CWP diagnosis on 5/13/2014. Employee was termed on 4/9/2013 and is no longer employed with the company. Accident date of 4/9/2013 is to accommodate online reporting per MSHA (Denver) instructions.

2012 · 1 incident

January 5, 2012 VA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Paramont Coal Company Virginia, LLC. · Caught in, under or between (Not Elsewhere Classified)

Employee got out of loader to check trans oil and stated when he got back in the cab and reached out to pull the door shut, he pulled his back.

2011 · 2 incidents

December 15, 2011 VA · Coal rotary bucket excavator operator SLIP OR FALL OF PERSON

Employee was in the process of taking off hydraulic cap on excavator when he lost his balance. He fell off of the track of the excavator. The excavator track is 42" from the ground. When he fell he landed on his left arm resulting in a fracture.

July 28, 2011 VA · Coal welder (shop) SLIP OR FALL OF PERSON
Paramont Coal Company Virginia, LLC. · Over-exertion (Not Elsewhere Classified)

Maxxim Rebuild employee was kneeling on ground and turned his body to pick up chock blocks and felt his leg snap and fell to ground. Fracture was on the left leg above his ankle.