Mining Incidents

The Banner Mine: 127 MSHA citations Coal

Omega Mining Inc · Underground
Honaker, Russell County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407183

The Banner Mine has $18K 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
1
Years on record
2007
Latest incident
Jan 2007
Compliance record
MSHA citations since 2007
127
citations
29
significant & substantial
$17,556
proposed penalties
$16,972
paid to date
97% of proposed penalties paid to date, a $584 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
33
inspections on record
1,241
inspection hours
10.2
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.
127 citations across 1,241 inspection hours.
Source: MSHA inspections data, updated weekly.

The Banner Mine has $18K 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.
$18K
proposed penalties
$17K
current assessed
$17K
paid to date
$0
outstanding
125 assessments are final orders; 5 contested dockets.
Of $5K in penalties contested before the Commission, $4K was upheld in final decisions.
As of the most recent assessment on 2009-05-12.
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.
23.2%
significant & substantial
1.6%
high negligence or reckless
23.2%
reasonably likely or greater
9.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 21.6% low, 76.8% moderate, 1.6% 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.
36 citations taken to the federal commission · 28% of citations on record
  • Settled 36 · 100%
100%
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 8 decided S&S contests · industry: 79%
12%
Penalty reduction in decided contests
$5K proposed, $4K 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 2008-06-24.
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 2008-197 Settlement Bulluck 2009 $2K → $2K
VA 2008-325 Settlement Lesnick 2009 $2K → $2K
VA 2008-198 Settlement Bulluck 2008 $200 → $200
VA 2008-196 Settlement Bulluck 2008 $108 → $100
VA 2008-324 Settlement Melick 2009 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at The Banner Mine shows 81% of 84 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: 2008-12-08, 17 years ago
81%
within 1.5 mg/m3
84
samples
7.16
dust max (mg/m3)
28 samples taken by MSHA inspectors, 56 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR50
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)3

Silica (quartz)

Last sampled: 2008-11-04, 17 years ago
5.5
silica avg (%)
7
samples
7.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR3

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: 2008-11-19, 17 years ago
7%
over PEL
14
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
  • CONTINUOUS MINER OPERATOR3
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)2
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 81% 53
2007 81% 31
Silica (quartz) by year
Year silica avg (%) samples
2008 5.7 6
2007 4.1 1
Noise by year
Year over PEL samples
2008 25% 4
2007 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

The Banner Mine recorded 0.00 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.
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 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.
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.
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. Omega 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)
2009 3 668
2008 14 56,307
2007 9 34,160
2006 4 918
Source: MSHA quarterly employment and production, updated weekly.

The Banner Mine sits in Russell County, Virginia, where the Census mining category is 4.5% 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.
Russell County, Virginia · Population 25,635
4.5%
Mining share of county employment
$49,020
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
2009 Q3 0 0 0
2009 Q2 0 1 0
2009 Q1 488 0 0 0.0
2008 Q4 8,597 16 1 1861.1
2008 Q3 9,074 16 7 1763.3
2008 Q2 10,955 12 2 1095.4
2008 Q1 7,407 21 4 2835.2
2007 Q4 7,008 23 5 3282.0
Show 4 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q3 2,826 7 0 2477.0
2007 Q2 5,250 16 5 3047.6
2007 Q1 3,651 12 4 3286.8
2006 Q4 576 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2007 · 1 incident

January 24, 2007 VA · Coal FIRE
Omega Mining Inc · Accident type, without injuries

Fire was set and belt burned.