Mining Incidents

Strip #26: 20 MSHA citations Coal

Controlled by James C Justice III
Norton, Wise County, VA  ·  Temporarily Idled
MSHA Mine ID: 4407276

Strip #26 has $5K in proposed MSHA penalties and $270 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2012
Latest incident
Jun 2012
Compliance record
MSHA citations since 2012
20
citations
6
significant & substantial
$4,707
proposed penalties
$3,333
paid to date
71% of proposed penalties paid to date, a $1,374 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
21
inspections on record
308
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: 308 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Strip #26 has $5K in proposed MSHA penalties and $270 outstanding across 3 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.
$5K
proposed penalties
$4K
current assessed
$3K
paid to date
$270
outstanding
20 assessments are final orders; 3 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2019-08-28.
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.
30.0%
significant & substantial
5.0%
high negligence or reckless
30.0%
reasonably likely or greater
75.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 95.0% moderate, 5.0% 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.
13 citations taken to the federal commission · 65% of citations on record
  • Settled 13 · 100%
83%
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 6 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$4K proposed, $3K 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 2019-11-26.
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 2013-450 Settlement Lesnick 2014 $2K → $1K
VA 2013-23 Settlement Feldman 2013 $1K → $1K
VA 2020-0011 Settlement Paez 2020 $270 → $121
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Strip #26 shows 100% of 27 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: 2020-01-08, 6 years ago
100%
within 1.5 mg/m3
27
samples
0.52
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.
23 samples taken by MSHA inspectors, 4 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR8
  • HIGHWALL DRILL OPERATOR5
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5

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: 2020-01-08, 6 years ago
0%
over PEL
22
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5
  • BULLDOZER OPERATOR4
  • HIGHLIFT OPERATOR/FRONT END LOADER4
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
2020 100% 3
2019 100% 9
2013 100% 6
2012 100% 9
Noise by year
Year over PEL samples
2020 0% 3
2019 0% 5
2012 0% 14
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. A&G Coal Corporation 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)
2019 3
2017 1
2016 2
2015 1
2014 1
2013 41 55,956
2012 34 25,199
Source: MSHA quarterly employment and production, updated weekly.

Strip #26 sits in Wise County, Virginia, where the Census mining category is 5.9% 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.
Wise County, Virginia · Population 35,727
5.9%
Mining share of county employment
$50,740
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
2019 Q4 1,560 0 0 0.0
2019 Q3 1,680 1 0 595.2
2017 Q1 660 0 0 0.0
2016 Q4 490 0 0 0.0
2016 Q3 485 0 0 0.0
2016 Q2 1,120 0 0 0.0
2016 Q1 980 0 0 0.0
2015 Q4 1,034 0 0 0.0
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q3 0 0 0
2015 Q2 953 0 0 0.0
2015 Q1 215 0 0 0.0
2014 Q4 0 0 0
2014 Q3 84 0 0 0.0
2014 Q2 211 0 0 0.0
2014 Q1 0 0 0
2013 Q3 1,436 0 0 0.0
2013 Q2 25,497 8 3 313.8
2013 Q1 17,969 0 0 0.0
2012 Q4 7,061 6 1 849.7
2012 Q3 3,748 4 2 1067.2
2012 Q2 12,534 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2012 · 1 incident

June 21, 2012 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
A&G Coal Corporation · Caught in, under or between a moving and a stationary object

Employee was extracting a bearing out of the hardbar on a 475 Komatsu Dozer using a hammer. The bearing released, twisted, and caught the employees right hand causing a laceration requiring six stitches.