Mining Incidents

Tipple #2: 38 MSHA citations Coal

Tosh Coal Company · Facility
Controlled by Chester Holbrook
Norton, Wise County, VA  ·  Abandoned
MSHA Mine ID: 4405269

Tipple #2 has $21K in proposed MSHA penalties and $7K outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
1990–1994
Latest incident
Sep 1994
Compliance record
MSHA citations since 2000
38
citations
24
significant & substantial
$21,127
proposed penalties
$3,773
paid to date
18% of proposed penalties paid to date, a $17,354 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
17
inspections on record
365
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: 365 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Tipple #2 has $21K in proposed MSHA penalties and $7K outstanding across 6 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.
$21K
proposed penalties
$11K
current assessed
$4K
paid to date
$7K
outstanding
38 assessments are final orders; 6 contested dockets.
Of $21K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2002-01-10.
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.
63.2%
significant & substantial
34.2%
high negligence or reckless
63.2%
reasonably likely or greater
36.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.3% low, 60.5% moderate, 28.9% high, 5.3% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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 20000038 Settlement Hodgdon 2003 $11K → $4K
VA 20020036 Settlement Hodgdon 2003 $5K → $2K
VA 20000001 Settlement Merlin 2001 $2K → $1K
VA 20010021 Default Barbour 2001 $2K → $2K
VA 20020027 Settlement Hodgdon 2003 $1K → $560
VA 20010026 Settlement Barbour 2001 $600 → $525
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Tipple #2 shows 92% of 13 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: 2001-12-04, 24 years ago
92%
within 1.5 mg/m3
13
samples
3.85
dust max (mg/m3)
13 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER6
  • TIPPLE OPERATOR3
  • LABORER/BLACKSMITH2

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: 2002-01-10, 24 years ago
8%
over PEL
12
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER6
  • TIPPLE OPERATOR3
  • CAR DROPPER2
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
2001 100% 7
2000 83% 6
Noise by year
Year over PEL samples
2002 0% 1
2001 11% 9
2000 0% 2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Greater Wise Inc 1979 to 1987
  2. Kenmar Coal Company 1987 to 1994
  3. North Fork Coal Sales 1994 to 1998
  4. Wyldwood Enterprises Inc 1998 to 1998
  5. Tosh Coal Company 1998 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2002 0
2001 3
2000 2
Source: MSHA quarterly employment and production, updated weekly.

Tipple #2 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
2002 Q1 0 1 0
2001 Q4 200 1 1 5000.0
2001 Q3 300 0 0 0.0
2001 Q1 300 12 5 40000.0
2000 Q3 600 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

4 on file

1994 · 3 incidents

September 6, 1994 VA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
North Fork Coal Sales · Over-exertion in pulling or pushing objects

REMOVING OFFICE TRAILER FROM LOT. HE WAS PULLING 8" BLOCK OUT FROM UNDER THE TRAILER AND CARRYING THEM TO THE TRUCK AND LOADING THEM IN THE TRUCK.

June 23, 1994 VA · Coal tipple/top lander/skip dumper operator, binman, topman HANDTOOLS (NONPOWERED)
North Fork Coal Sales · Struck by flying object

REMOVAL OF LUMP COAL FROM FEEDER WITH 6' SLATE BAR. SLATE BAR SLIPPED AND HIT EE CAUSING A CUT TO HIS HEAD ABOVE HIS LEFT EYE.

May 7, 1994 VA · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
North Fork Coal Sales · Caught in, under or between (Not Elsewhere Classified)

METAL BEING INSTALLED CAUGHT RIGHT HAND BETWEEN METAL AND SIZE OF HOPPER.

1990 · 1 incident

November 21, 1990 VA · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Kenmar Coal Company · Fall to lower level, (Not Elsewhere Classified)

STEPPED OFF WATER TANK AND TWISTED ANKLE.