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Bearpen Surface Mine: 7 MSHA citations Coal

ICG Eastern LLC · Surface
Tioga, Nicholas County, WV  ·  Abandoned
MSHA Mine ID: 4609220

Bearpen Surface Mine has $1K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2010–2013
Latest incident
Jun 2013
Compliance record
MSHA citations since 2010
7
citations
1
significant & substantial
$1,446
proposed penalties
$1,446
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
See ICG Eastern LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2009
26
inspections on record
757
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: 757 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Bearpen Surface Mine has $1K in proposed MSHA penalties and $0 outstanding across 1 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.
$1K
proposed penalties
$1K
current assessed
$1K
paid to date
$0
outstanding
6 assessments are final orders; 1 contested dockets.
Of $300 in penalties contested before the Commission, $300 was upheld in final decisions.
As of the most recent assessment on 2012-05-02.
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.
16.7%
significant & substantial
0.0%
high negligence or reckless
16.7%
reasonably likely or greater
33.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 100.0% moderate, 0.0% 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.
3 citations taken to the federal commission · 43% of citations on record
  • Stood as issued 3 · 100%
0%
Penalty reduction in decided contests
$300 proposed, $300 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 2012-10-15.
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
WEVA 2013-66 Default Lesnick 2013 $300 → $300
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Bearpen Surface Mine shows 100% of 49 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: 2017-08-28, 8 years ago
100%
within 1.5 mg/m3
49
samples
0.85
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.
42 samples taken by MSHA inspectors, 7 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR18
  • HIGHWALL DRILL OPERATOR9
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE9

Silica (quartz)

Last sampled: 2017-06-22, 9 years ago
10.3
silica avg (%)
2
samples
17.1
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR2
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: 2017-02-28, 9 years ago
0%
over PEL
19
samples
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE6
  • HIGHLIFT OPERATOR/FRONT END LOADER3
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
2017 100% 12
2016 100% 6
2013 100% 4
2012 100% 10
2011 100% 15
2010 100% 2
Noise by year
Year over PEL samples
2017 0% 3
2013 0% 3
2012 0% 5
2011 0% 6
2010 0% 2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bearpen Surface Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
ⓘ 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 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In West Virginia, coal mining averaged 4.13 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
2012 * 0.00 0.00 0.000
2011 1.81 0.00 0.000
2010 * 8.25 8.25 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. ICG Eastern LLC 2007 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)
2017 4
2016 2
2015 2
2014 2
2013 2
2012 20 175,815
2011 40 358,732
2010 12 31,687
2009 0
2008 0
2007 0
Source: MSHA quarterly employment and production, updated weekly.

Bearpen Surface Mine sits in Nicholas County, West Virginia, where the Census mining category is 6.1% 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.
Nicholas County, West Virginia · Population 24,446
6.1%
Mining share of county employment
$49,280
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
2017 Q4 1,210 0 0 0.0
2017 Q3 1,395 0 0 0.0
2017 Q2 1,630 0 0 0.0
2017 Q1 1,370 0 0 0.0
2016 Q4 789 0 0 0.0
2016 Q3 770 0 0 0.0
2016 Q2 918 0 0 0.0
2016 Q1 936 0 0 0.0
Show 34 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q4 760 0 0 0.0
2015 Q3 1,030 0 0 0.0
2015 Q2 990 0 0 0.0
2015 Q1 930 0 0 0.0
2014 Q4 788 0 0 0.0
2014 Q3 910 0 0 0.0
2014 Q2 890 0 0 0.0
2014 Q1 920 0 0 0.0
2013 Q4 0 0 0
2013 Q3 319 0 0 0.0
2013 Q2 1,309 0 0 0.0
2013 Q1 1,303 0 0 0.0
2012 Q4 933 0 0 0.0
2012 Q3 2,052 0 0 0.0
2012 Q2 18,291 0 0 0.0
2012 Q1 24,787 0 0 0.0
2011 Q4 28,776 0 0 0.0
2011 Q3 31,838 0 0 0.0
2011 Q2 22,620 0 0 0.0
2011 Q1 27,323 1 0 36.6
2010 Q4 14,493 2 1 138.0
2010 Q3 9,739 0 0 0.0
2010 Q2 0 0 0
2010 Q1 0 0 0
2009 Q4 0 0 0
2009 Q3 0 0 0
2009 Q2 0 0 0
2009 Q1 0 0 0
2008 Q4 0 0 0
2008 Q3 0 0 0
2008 Q2 0 0 0
2008 Q1 0 0 0
2007 Q4 0 0 0
2007 Q3 0 0 0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2013 · 1 incident

June 27, 2013 WV · Coal welder (shop) HANDLING OF MATERIALS
ICG Eastern LLC · Struck against stationary object

While employee was disassembling metal shelving, he came in contact with a sharp corner. This resulted in a laceration to the right forearm that required four stitches.

2011 · 2 incidents

March 28, 2011 WV · Coal drill operator HANDTOOLS (NONPOWERED)
ICG Eastern LLC · Over-exertion (Not Elsewhere Classified)

EE stated that he was in process of turning the drill carousel with a slate bar when he felt something "pop" in his lower back. He sustained a strained muscle as a result.

February 22, 2011 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
ICG Eastern LLC · Struck by... (Not Elsewhere Classified)

The Mechanic and a co-worker were in process of installing cutting edges on #1014, D11 bulldozer. While lifting a cutting edge with the boom and chain from the mechanic's truck, the eyelet on the cutting edge suddenly broke loose causing it and the chain to fly up and strike him on his hand. He sustained a laceration to his left hand as a result.

2010 · 1 incident

December 29, 2010 WV · Coal outside foreman, leadman POWERED HAULAGE
ICG Eastern LLC · Struck against a moving object

The injured was driving on the Bearpen haulroad and as he started to negotiate a 3-4 percent grade and curve at road marker #18, his pickup truck slid into a loaded coal truck. Due to the potential serious injuries sustained to his head and chest areas, he was air lifted to a local hospital; he was released on 12/31/2010. The coal truck driver sustained first aid injuries.