Mining Incidents

Bergholz 7: 694 MSHA citations Coal

Rosebud Mining Company · Underground
Controlled by J Clifford Forrest III
Bergholz, Jefferson County, OH  ·  Abandoned and Sealed
MSHA Mine ID: 3304565

Bergholz 7 has $213K in proposed MSHA penalties and $0 outstanding across 41 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
49
Years on record
2006–2017
Latest incident
Jan 2017
Compliance record
MSHA citations since 2006
694
citations
177
significant & substantial
$213,415
proposed penalties
$178,827
paid to date
84% of proposed penalties paid to date, a $34,588 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
140
inspections on record
9,505
inspection hours
7.3
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.
694 citations across 9,505 inspection hours.
Source: MSHA inspections data, updated weekly.

Bergholz 7 has $213K in proposed MSHA penalties and $0 outstanding across 41 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.
$213K
proposed penalties
$179K
current assessed
$179K
paid to date
$0
outstanding
685 assessments are final orders; 41 contested dockets.
Of $98K in penalties contested before the Commission, $63K was upheld in final decisions.
As of the most recent assessment on 2018-11-05.
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.
25.8%
significant & substantial
3.6%
high negligence or reckless
26.1%
reasonably likely or greater
8.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.6% none, 28.2% low, 67.6% moderate, 3.6% 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.
157 citations taken to the federal commission · 23% of citations on record
  • Settled 132 · 84%
  • Stood as issued 25 · 16%
79%
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 101 decided S&S contests · industry: 79%
35%
Penalty reduction in decided contests
$98K proposed, $63K 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 2015-08-13.
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
LAKE 2009-267 Settlement Feldman 2012 $14K → $12K
LAKE 2011-114 Settlement Paez 2012 $10K → $3K
LAKE 2011-170 Settlement Lewis 2011 $5K → $3K
LAKE 2010-67 Dismissal 2011 $5K → $4K
LAKE 2012-348 Settlement Miller 2013 $5K → $4K
LAKE 2011-544 Settlement McCarthy 2012 $4K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Bergholz 7 shows 86% of 580 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: 2018-11-05, 7 years ago
86%
within 1.5 mg/m3
580
samples
4.87
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.
280 samples taken by MSHA inspectors, 300 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR139
  • AUGER OPERATOR103
  • MOBILE BRIDGE OPERATOR84

Silica (quartz)

Last sampled: 2016-12-20, 9 years ago
3.2
silica avg (%)
19
samples
6.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR17
  • AUGER OPERATOR2

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: 2018-11-05, 7 years ago
6%
over PEL
100
samples
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR16
  • LABORER9
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)9
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
2018 100% 6
2017 100% 1
2016 100% 78
2015 100% 39
2014 96% 28
2013 88% 24
2012 100% 30
2011 84% 45
2010 72% 43
2009 67% 96
2008 83% 109
2007 88% 59
2006 82% 22
Silica (quartz) by year
Year silica avg (%) samples
2016 3.0 2
2015 4.3 3
2014 3.4 2
2013 3.4 2
2012 3.2 1
2011 2.5 2
2010 2.3 1
2009 5.0 1
2008 3.2 3
2007 1.8 1
2006 1.5 1
Noise by year
Year over PEL samples
2018 0% 8
2017 0% 1
2016 0% 10
2015 0% 11
2014 0% 9
2012 5% 22
2010 0% 11
2009 8% 13
2008 20% 5
2007 0% 5
2006 60% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bergholz 7 recorded 0.00 reportable injury cases per 100 full-time workers in 2016.

Injury rate, 2016
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 3.79 and the all-US-mining average was 2.59 cases per 100 workers.
In Ohio, coal mining averaged 2.23 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
2016 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 * 12.90 12.90 0.000
2013 * 2.80 0.00 0.000
2012 * 8.62 2.87 0.000
2011 0.00 0.00 0.000
2010 3.78 3.78 0.000
2009 2.44 1.22 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. Mountain Spring Coal Company 2006 to 2010
  2. Rosebud Mining Company 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)
2019 3
2018 3
2017 7 1,392
2016 13 92,519
2015 25 184,562
2014 34 339,203
2013 35 282,283
2012 36 217,765
2011 41 161,591
2010 46 176,487
2009 73 478,093
2008 68 466,948
2007 43 357,588
2006 22 164,293
Source: MSHA quarterly employment and production, updated weekly.

Bergholz 7 sits in Jefferson County, Ohio, where the Census mining category is 1.2% 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.
Jefferson County, Ohio · Population 64,855
1.2%
Mining share of county employment
$56,983
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
2019 Q1 1,821 0 0 0.0
2018 Q4 2,407 1 0 415.5
2018 Q3 1,544 2 0 1295.3
2018 Q2 234 1 0 4273.5
2018 Q1 658 2 0 3039.5
2017 Q4 830 1 0 1204.8
2017 Q3 1,793 0 0 0.0
2017 Q2 1,624 3 0 1847.3
Show 45 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q1 1,102 2 0 1814.9
2016 Q4 7,274 4 0 549.9
2016 Q3 6,378 5 0 783.9
2016 Q2 3,380 2 0 591.7
2016 Q1 6,138 6 0 977.5
2015 Q4 15,591 5 0 320.7
2015 Q3 12,105 9 0 743.5
2015 Q2 11,608 16 3 1378.4
2015 Q1 10,582 11 3 1039.5
2014 Q4 17,237 8 2 464.1
2014 Q3 17,530 10 1 570.5
2014 Q2 21,796 8 3 367.0
2014 Q1 20,955 19 4 906.7
2013 Q4 19,310 4 1 207.1
2013 Q3 19,438 17 5 874.6
2013 Q2 17,757 10 1 563.2
2013 Q1 14,933 16 2 1071.5
2012 Q4 16,022 14 6 873.8
2012 Q3 17,681 15 4 848.4
2012 Q2 16,751 5 0 298.5
2012 Q1 19,170 10 1 521.6
2011 Q4 17,097 11 3 643.4
2011 Q3 27,743 24 5 865.1
2011 Q2 27,564 16 0 580.5
2011 Q1 28,097 32 12 1138.9
2010 Q4 27,891 35 15 1254.9
2010 Q3 26,463 44 15 1662.7
2010 Q2 15,948 23 9 1442.2
2010 Q1 35,528 33 10 928.8
2009 Q4 31,770 18 6 566.6
2009 Q3 34,130 63 16 1845.9
2009 Q2 51,475 16 2 310.8
2009 Q1 46,824 31 6 662.1
2008 Q4 44,563 16 5 359.0
2008 Q3 40,451 72 24 1779.9
2008 Q2 41,287 7 2 169.5
2008 Q1 34,933 6 0 171.8
2007 Q4 24,925 5 2 200.6
2007 Q3 20,415 4 1 195.9
2007 Q2 27,300 4 0 146.5
2007 Q1 29,017 6 2 206.8
2006 Q4 21,327 5 1 234.4
2006 Q3 19,181 11 4 573.5
2006 Q2 3,039 4 0 1316.2
2006 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

49 on file

2017 · 1 incident

January 6, 2017 OH · Coal assistant mine foreman, assistant mine manager HANDLING OF MATERIALS
Rosebud Mining Company · Over-exertion in lifting objects

A worker was helping put tin on the roof of a new shed that was being built on the surface near a new fan location that was enclosing some electrical enclosures. EE went to pick up on the cables that were coming out the mast to slide a piece of roof tin under them and felt a tear and heard a pop sound in right arm. EE tore the ligament that attaches the bicep to the elbow.

2014 · 6 incidents

October 21, 2014 OH · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Rosebud Mining Company · Caught in, under or between a moving and a stationary object

MOBILE OPERATOR TURNING INTO A 3 TO 2 AND WAS PINCHED BETWEEN MOBILE AND RIB

October 12, 2014 OH · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Roof fall in the #3,#2,#1 entry at 40 x-cut of the A-butt section. Roof fall was above anchorage and blocking our secondary escape way.

July 15, 2014 OH · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Rosebud Mining Company · Struck against a moving object

Was tramming mobile when his shoulder popped.

May 7, 2014 OH · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Rosebud Mining Company · Over-exertion (Not Elsewhere Classified)

Crawling back to move up bolter and twisted left knee.

February 18, 2014 OH · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Rosebud Mining Company · Over-exertion (Not Elsewhere Classified)

employee was putting supplies on his bolter, when he turned he felt a sharp pain in his knee

2013 · 2 incidents

January 11, 2013 OH · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss POWERED HAULAGE
Rosebud Mining Company · Caught in, under or between a moving and a stationary object

Miner was dumping duster out of scoop bucket and had his hand on scoop kitchen and went to swing scoop and smashed his finger between stop and scoop frame.

2012 · 3 incidents

August 21, 2012 OH · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Rosebud Mining Company · Caught in, under or between a moving and a stationary object

Backing scoop and caught left hand between stop and kitchen. Smashed little finger and ring finger.

May 23, 2012 OH · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Rosebud Mining Company · Struck by... (Not Elsewhere Classified)

Miner was driving a pin on a piece of equipment and struck left hand hurting pinkie finger.

March 16, 2012 OH · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
Rosebud Mining Company · Struck by falling object

Miner was cleaning a gob out on outside screen with a rock bar when a rock fell striking the back of his left hand.

2011 · 5 incidents

December 7, 2011 OH · Coal FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Rosebud Mining Company · Accident type, without injuries

#1 entry on #1 belt between #14 and #15 cross cut on the left inby rib. 30' long x 8' wide x 3' high. 1 bolt was broke off, approx. 8 bolts exposed and 1 bolt out. The bolts are 42" fully grouted.

August 9, 2011 OH · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Roof fall on old works on 5A belt. It was at 14brk in the #1 entry. It was approx. 30' long approx. 6' high and approx. 20' wide. this is a continuation of a prior fall.

March 7, 2011 OH · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

A roof fall approx. 40' inby the highwall face of the #3 beltline entry. It's approx. 20' wide 50' long and unknown height.

2010 · 7 incidents

October 27, 2010 OH · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

a roof fall was discovered around 14 break on 7 belt approx 6' high 60' long in #2-#1 intersection over into #1 entry.

March 17, 2010 OH · Coal FALL OF ROOF OR BACK
Mountain Spring Coal Company · Accident type, without injuries

A 30' x 25, x 4' thick roof fall occurred in the mains at break 18 in the #5 intake entry. The fall will not be cleaned up. The area was breakered and additional cribs set in area.

January 21, 2010 OH · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Mountain Spring Coal Company · Struck by falling object

EE was drilling a hole for the inside bolt, a piece of draw rock approximately 7' x 1' x 0" to 2" thick fell from the roof striking the injured on the head. The accident occured in the 3 left section in the No. 3 entry crosscut left.

January 12, 2010 OH · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Mountain Spring Coal Company · Struck by falling object

Employee was bolting roof in 4 Right at break no. 35. Top rock fell and struck him on head and left shoulder.

2009 · 7 incidents

November 25, 2009 OH · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Mountain Spring Coal Company · Struck against stationary object

EE was riding mantrip out of the mine, he observed a piece of slate falling from roof. When moved to dodge the falling rock, his leg went out of mantrip and hit the bottom, breaking his leg.

July 27, 2009 OH · Coal FALL OF ROOF OR BACK
Mountain Spring Coal Company · Accident type, without injuries

The roof fell in the 2 Left Submains at break #25 in the #4 Entry. The fall is 20 ft. wide by 100 ft. long to the left and right of the intersection.

May 26, 2009 OH · Coal FALL OF ROOF OR BACK
Mountain Spring Coal Company · Accident type, without injuries

Roof fall occured in a crosscut of a clay vein fault area intersections where cable bolted. The fall occured in a worked out section of the mine where no work is being done.

March 30, 2009 OH · Coal FALL OF ROOF OR BACK
Mountain Spring Coal Company · Accident type, without injuries

A roof fall occurred at #14 cross-cut, roadway entry of the South Mains. The intersection fell 42 inches high, 20 feet wide and 20 feet long.

2008 · 8 incidents

December 11, 2008 OH · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Mountain Spring Coal Company · Struck by falling object

Employee was bolting roof when a rock fell hitting his hand on the control lever. Lacerated right ring finger.

November 26, 2008 OH · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Mountain Spring Coal Company · Caught in, under or between a moving and a stationary object

EE was changing drill steel. The up lever for the pod was activated instead of the down, pinching and cutting his left index finger.

June 24, 2008 OH · Coal FALL OF ROOF OR BACK
Mountain Spring Coal Company · Accident type, without injuries

A 20' x 60' x 4' to 5' thick roof fall, pulling roof bolts, occurred at breaks 85, 86 and 87 at the No. 1 and No. 2 entries of the South Mains.

April 14, 2008 OH · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler DISORDERS (REPEATED TRAUMA)
Mountain Spring Coal Company · Rubbed or abraded

Employee's knees became irritated from crawling.

2007 · 7 incidents

August 21, 2007 OH · Coal FALL OF ROOF OR BACK
Mountain Spring Coal Company · Accident type, without injuries

Roof fall at break 53 of 1 left submain in No. 5 intake airway entry. Fell approximately 20' x 30' x 10'-12' thick. Intersection had a clay vein in middle.

August 9, 2007 OH · Coal INUNDATION
Mountain Spring Coal Company · Accident type, without injuries

Miner cut into unmapped workings of an abandoned mine in the No. 2 crosscut right of the 9 Left Panel. Water flowed into the active workings and the miners immediately evacuated to the surface. Water pooled outby in No. 5 entry approximately 8" deep between No. 32 and No. 46 crosscuts. Flow from old mine has stabilized at approximately 15 GPM.

May 16, 2007 OH · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Mountain Spring Coal Company · Caught in, under or between a moving and a stationary object

EE was moving debris with drill pot, finger was pinched between feed jack and drill pot arm.

February 23, 2007 OH · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Mountain Spring Coal Company · Caught in, under or between (Not Elsewhere Classified)

EE was tramming a scoop under a low hanging cable. He lifted the cable with his left arm while tramming under cable. When he was completely under the cable vertically, it shoved his elbow down into the deck putting pressure on his arm.

February 7, 2007 OH · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Mountain Spring Coal Company · Absorption of radiations, caustics, toxic and noxious substances

Employee was operating roof bolter when a hydraulic hose blew, spraying oil in his face (medical only).

January 10, 2007 OH · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
Mountain Spring Coal Company · Struck by falling object

EE was operating continuous miner when a piece of rock fell from the roof, pinning him against the control levers of the miner.

2006 · 3 incidents

October 23, 2006 OH · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Mountain Spring Coal Company · Struck by... (Not Elsewhere Classified)

Employee had his right hand on the drill pot while swinging the boom and accidently hit boom lift lever.

September 28, 2006 OH · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Mountain Spring Coal Company · Over-exertion in lifting objects

Employee was shoveling belt, slipped and all his weight went on his left wrist.