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Toms Creek North: 167 MSHA citations Coal

Coeburn, Wise County, VA  ·  Abandoned
MSHA Mine ID: 4407367

Toms Creek North has $46K in proposed MSHA penalties and $14 outstanding across 12 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2017–2019
Latest incident
Dec 2019
Compliance record
MSHA citations since 2016
167
citations
47
significant & substantial
$46,440
proposed penalties
$35,420
paid to date
76% of proposed penalties paid to date, a $11,020 gap.
Source: MSHA violations data, updated weekly.
See Paramont Contura, LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2016
62
inspections on record
2,134
inspection hours
7.8
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.
167 citations across 2,134 inspection hours.
Source: MSHA inspections data, updated weekly.

Toms Creek North has $46K in proposed MSHA penalties and $14 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.
$46K
proposed penalties
$35K
current assessed
$35K
paid to date
$14
outstanding
157 assessments are final orders; 12 contested dockets.
Of $39K in penalties contested before the Commission, $28K was upheld in final decisions.
As of the most recent assessment on 2020-01-17.
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.
29.9%
significant & substantial
6.4%
high negligence or reckless
29.9%
reasonably likely or greater
38.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.6% none, 10.8% low, 82.2% moderate, 6.4% 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.
113 citations taken to the federal commission · 68% of citations on record
  • Settled 113 · 100%
95%
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 41 decided S&S contests · industry: 79%
28%
Penalty reduction in decided contests
$39K proposed, $28K 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 2020-04-29.
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 2019-0091 Settlement Bulluck 2019 $6K → $4K
VA 2020-0006 Settlement Rae 2020 $6K → $4K
VA 2019-0049 Settlement Bulluck 2019 $5K → $4K
VA 2020-0018 Settlement Rae 2020 $4K → $3K
VA 2020-0044 Settlement McCarthy 2020 $4K → $2K
VA 2018-0057 Settlement Paez 2018 $3K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Toms Creek North shows 100% of 438 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: 2020-01-16, 6 years ago
100%
within 1.5 mg/m3
438
samples
2.38
dust max (mg/m3)
1
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.
89 samples taken by MSHA inspectors, 349 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR177
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)151
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)23

Silica (quartz)

Last sampled: 2020-01-21, 6 years ago
6.6
silica avg (%)
21
samples
8.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR10
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)10
See US coal mines ranked by silica in their dust samples.

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: 2019-10-24, 6 years ago
0%
over PEL
35
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)7
  • CONTINUOUS MINER OPERATOR4
  • BELT MAN/CONVEYOR MAN3
See US mines ranked by noise samples over the legal limit.
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% 21
2019 100% 170
2018 99% 177
2017 100% 70
Silica (quartz) by year
Year silica avg (%) samples
2020 7.3 2
2019 6.3 6
2018 6.7 8
2017 6.7 5
Noise by year
Year over PEL samples
2019 0% 14
2018 0% 7
2017 0% 14
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Toms Creek North recorded 0.00 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
ⓘ 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 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
In Virginia, coal mining averaged 2.65 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
2019 * 0.00 0.00 0.000
2018 * 2.77 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 Contura, LLC 2016 to present
  2. Capital Coal Corp. 2017 to 2020
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)
2020 25 11,652
2019 33 112,228
2018 35 111,844
2017 16 39,829
Source: MSHA quarterly employment and production, updated weekly.

Toms Creek North 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
2020 Q1 8,655 14 3 1617.6
2019 Q4 17,764 17 5 957.0
2019 Q3 17,037 18 5 1056.5
2019 Q2 18,233 7 1 383.9
2019 Q1 18,702 23 10 1229.8
2018 Q4 19,218 29 4 1509.0
2018 Q3 18,130 9 1 496.4
2018 Q2 17,351 8 4 461.1
Show 4 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2018 Q1 17,551 13 5 740.7
2017 Q4 16,110 26 7 1613.9
2017 Q3 7,668 2 1 260.8
2017 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2019 · 1 incident

December 4, 2019 VA · Coal FALL OF ROOF OR BACK
Capital Coal Corp. · Accident type, without injuries

Roof fall occurred on belt line due to slicken sided undetected roof. Top was also bolted with approved 4' bolts.

2018 · 2 incidents

September 17, 2018 VA · Coal scoop tram operator, load/haul/dump operator HANDLING OF MATERIALS
Capital Coal Corp. · Over-exertion in lifting objects

The victim was loading rock dust when they threw a bag of dust. They hurt their right shoulder.

2017 · 1 incident

December 15, 2017 VA · Coal scoop tram operator, load/haul/dump operator HANDLING OF MATERIALS
Capital Coal Corp. · Struck by falling object

While removing drill steel from the drilled hole, a piece fell out striking employee on the right hand.