WAR CREEK NO. 1 has $1.1M in proposed MSHA penalties and $469K outstanding across 49 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
28
Years on record
2002–2013
Latest incident
Dec 2013
Compliance record
MSHA citations since 2002
1,083
citations
378
significant & substantial
$1,120,866
proposed penalties
$330,316
paid to date
29% of proposed penalties paid to date, a $790,550 gap.
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.
1,083 citations across 8,760 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
ⓘA Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2012-06-21.
On record since 2012.
Source: MSHA imminent-danger order records, updated weekly.
WAR CREEK NO. 1 has $1.1M in proposed MSHA penalties and $469K outstanding across 49 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.
$1.1M
proposed penalties
$799K
current assessed
$330K
paid to date
$469K
outstanding
1,054 assessments are final orders; 49 contested dockets.
Of $656K in penalties contested before the Commission, $332K was upheld in final decisions.
As of the most recent assessment on 2017-01-04.
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.
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.
309citations taken to the federal commission · 29% of citations on record
Settled
295 · 95%
Stood as issued
7 · 2%
Vacated or withdrawn
7 · 2%
78%
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 111 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$665K proposed, $334K 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 2017-08-03.
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.
MSHA sampling at WAR CREEK NO. 1 shows 95% of 460 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: 2014-09-30, 11 years ago
95%
within 1.5 mg/m3
460
samples
8.31
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.
193 samples taken by MSHA inspectors, 267 by the operator.
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.
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.
WAR CREEK NO. 1 recorded 7.08 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.
7.08
total case rate
5.31
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Virginia, coal mining averaged 4.69 cases per 100 workers that year.
Year
total case rate
days-away
fatal
2013
7.08
5.31
0.000
2012 *
13.24
6.62
0.000
2006 *
0.00
0.00
0.000
2005 *
21.53
7.18
0.000
2004 *
0.00
0.00
0.000
2003 *
16.88
16.88
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.
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)
2018
0
2017
1
2016
4
2015
5
5,080
2014
40
10,732
2013
50
49,641
2012
31
2011
1
2010
1
2009
3
2008
8
605
2007
13
32,337
2006
16
44,442
2005
17
79,357
2004
19
68,022
2003
27
102,579
2002
18
63,088
2000
0
Source: MSHA quarterly employment and production, updated weekly.
WAR CREEK NO. 1 sits in Tazewell County, Virginia, where the Census mining category is 3.1% 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.
Tazewell County, Virginia · Population 39,933
3.1%
Mining share of county employment
$45,788
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
Repair man changing boom swing jack on continuous miner. Trying to loosen hose fitting when wrench slipped and cut left hand. Went to doctor had four stitches. No time lost due to injury.
Employee was pulling high voltage cable out of cable car when he said Oh I hurt my shoulder to witness. Kept on working. EE said he told foreman, foreman said he didn't. I was told on 12-19-13. No one can tell me what date injury happened.
Miner loader shuttle car started to load 2nd car in #6 heading when had ignition in face. No workers were injured. No Equipment damaged was only a flash with no duration. Investigated by MSHA.
July 24, 2013VA · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerSLIP OR FALL OF PERSON
Repairman was at section power center that is located between #14 and #15 entry. Botton was cut in #14 entry leaving off set in bottom as he was leaving foot slipped and slid under 3 wheel ride that was parked resulting in twisting of knee.
May 25, 2012VA · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
EE was operating offside bolter swing boom out to start drilling when piece rock 2' wide, 2' long, 8'10' long fell striking him on back and shoulder area.
April 12, 2012VA · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerHANDLING OF MATERIALS
EE was moving stopping and knocked stopping was hand moving block when 8"x16"x4" solid block that was stuck to top fell striking left middle finger and ring finger on left hand.
March 8, 2012VA · Coalbull gang foreman, labor foreman, leadman, section foreman, shift bossPOWERED HAULAGE
EE stated he got off ride to open door and man trip (2 person) rolled and hit him in lower back. EE was checked no cuts, scratches or bruising, didn't want to go to Dr. or accident report filled out at time was let go four weeks later. Just informed us he wants accident report filled out 4/15/12.
No accident - we had a unplanned rock fall - no one was affected and the ventilation was not affected - rock fall blocked travelway. This was reported immediately after getting outside
Rock fall at spad No.616. The fall is in an intersection in old works. This fall will not interfered with normal mining cable. The fill will be timbered and dangered off.