Mining Incidents

Tn mine 3: 124 MSHA citations Coal

Controlled by James C Justice III
Devonia, Anderson County, TN  ·  Abandoned
MSHA Mine ID: 4003275

Tn mine 3 has $36K in proposed MSHA penalties and $8K outstanding across 12 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
2007
Latest incident
Sep 2007
Compliance record
MSHA citations since 2006
124
citations
45
significant & substantial
$36,328
proposed penalties
$27,453
paid to date
76% of proposed penalties paid to date, a $8,875 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
34
inspections on record
1,203
inspection hours
10.3
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.
124 citations across 1,203 inspection hours.
Source: MSHA inspections data, updated weekly.

Tn mine 3 has $36K in proposed MSHA penalties and $8K outstanding across 12 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
$35K
current assessed
$27K
paid to date
$8K
outstanding
122 assessments are final orders; 12 contested dockets.
Of $19K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2013-06-27.
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.
36.9%
significant & substantial
0.8%
high negligence or reckless
36.1%
reasonably likely or greater
13.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.9% low, 94.3% moderate, 0.8% 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.
34 citations taken to the federal commission · 27% of citations on record
  • Settled 32 · 94%
  • Vacated or withdrawn 2 · 6%
82%
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 17 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$19K proposed, $13K 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 2013-12-04.
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
SE 2009-103 Settlement Lesnick 2010 $6K → $6K
SE 2012-270 Withdrawal Gill 2013 $4K → $0
SE 2013-305 Settlement Miller 2013 $2K → $2K
SE 2013-367 Settlement Miller 2013 $1K → $698
SE 2013-410 Settlement Miller 2013 $1K → $850
SE 2011-868 Settlement Rae 2012 $850 → $650
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Tn mine 3 shows 100% of 134 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: 2013-05-01, 13 years ago
100%
within 1.5 mg/m3
134
samples
0.66
dust max (mg/m3)
108 samples taken by MSHA inspectors, 26 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR44
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE36
  • HIGHLIFT OPERATOR/FRONT END LOADER19

Silica (quartz)

Last sampled: 2013-02-26, 13 years ago
21.2
silica avg (%)
5
samples
36.4
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR2
  • HIGHWALL DRILL OPERATOR2
  • AUGER HELPER1

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: 2013-02-20, 13 years ago
7%
over PEL
92
samples
Most-sampled occupations
  • BULLDOZER OPERATOR24
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE24
  • HIGHLIFT OPERATOR/FRONT END LOADER17
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
2013 100% 20
2012 100% 1
2011 100% 29
2010 100% 10
2009 100% 27
2008 100% 29
2007 100% 14
2006 100% 4
Silica (quartz) by year
Year silica avg (%) samples
2013 32.8 1
2011 7.6 1
2009 14.5 2
2007 36.4 1
Noise by year
Year over PEL samples
2013 10% 10
2011 0% 20
2010 0% 5
2009 9% 22
2008 14% 21
2007 0% 10
2006 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Tn mine 3 recorded 0.00 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
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 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Tennessee, coal mining averaged 3.30 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
2013 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 6.11 6.11 0.000
2006 * 0.00 0.00 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. National Coal Corporation 2006 to 2010
  2. Premium Coal Company Inc 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)
2016 5
2015 7
2014 9
2013 19 33,064
2012 14 17,483
2011 29 107,764
2010 19 5,909
2009 32 58,472
2008 29 104,602
2007 26 81,047
2006 15 28,952
Source: MSHA quarterly employment and production, updated weekly.

Tn mine 3 sits in Anderson County, Tennessee, where the Census mining category is 0.2% 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.
Anderson County, Tennessee · Population 78,175
0.2%
Mining share of county employment
$63,171
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
2016 Q3 2,410 0 0 0.0
2016 Q2 2,308 0 0 0.0
2016 Q1 2,470 0 0 0.0
2015 Q4 3,649 0 0 0.0
2015 Q3 0 0 0
2015 Q2 4,432 0 0 0.0
2015 Q1 4,187 0 0 0.0
2014 Q4 3,814 0 0 0.0
Show 32 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q3 4,850 0 0 0.0
2014 Q2 2,690 0 0 0.0
2014 Q1 4,734 0 0 0.0
2013 Q4 2,974 0 0 0.0
2013 Q3 4,102 0 0 0.0
2013 Q2 10,241 2 0 195.3
2013 Q1 22,763 14 5 615.0
2012 Q4 1,146 0 0 0.0
2012 Q3 0 0 0
2012 Q2 872 0 0 0.0
2012 Q1 11,441 0 0 0.0
2011 Q4 20,736 11 6 530.5
2011 Q3 28,710 23 10 801.1
2011 Q2 14,406 0 0 0.0
2011 Q1 8,376 9 3 1074.5
2010 Q4 11,060 0 0 0.0
2009 Q4 4,689 0 0 0.0
2009 Q3 19,975 7 2 350.4
2009 Q2 16,804 0 0 0.0
2009 Q1 18,861 4 2 212.1
2008 Q4 16,498 0 0 0.0
2008 Q3 19,895 12 6 603.2
2008 Q2 17,205 0 0 0.0
2008 Q1 18,481 14 4 757.5
2007 Q4 15,879 0 0 0.0
2007 Q3 18,892 0 0 0.0
2007 Q2 15,045 7 2 465.3
2007 Q1 15,632 4 2 255.9
2006 Q4 13,762 0 0 0.0
2006 Q3 14,669 6 1 409.0
2006 Q2 1,783 0 0 0.0
2006 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2007 · 2 incidents

September 25, 2007 TN · Coal belt foreman, maintenance foreman, maintenance supervisor HANDTOOLS (NONPOWERED)
National Coal Corporation · Struck by... (Not Elsewhere Classified)

Employee was unloading core tube on core drill. Using a hammer to dislodge the core sample a large piece of rock came loose and dropped on employee's left ring finger.

March 19, 2007 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
National Coal Corporation · Over-exertion in lifting objects

Repairing wheel seal on fuel truck lifting hub with leverage boards and injured back.