Mining Incidents

Birch River Plant No. 1 Coal

Controlled by Matthew Ashley
Werth, Nicholas County, WV  ·  Temporarily Idled
MSHA Mine ID: 4602186

Birch River Plant No. 1 has $20K in proposed MSHA penalties and $3K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Email me when a new MSHA incident is filed at Birch River Plant No. 1.

Fatalities
0
Total incidents
43
Years on record
1984–2011
Latest incident
Feb 2011
Compliance record
MSHA citations since 2002
98
citations
20
significant & substantial
$20,127
proposed penalties
$15,727
paid to date
78% of proposed penalties paid to date, a $4,400 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
91
inspections on record
1,912
inspection hours
5.1
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.
98 citations across 1,912 inspection hours.
Source: MSHA inspections data, updated weekly.

Birch River Plant No. 1 has $20K in proposed MSHA penalties and $3K outstanding across 8 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.
$20K
proposed penalties
$18K
current assessed
$16K
paid to date
$3K
outstanding
96 assessments are final orders; 8 contested dockets.
As of the most recent assessment on 2018-01-11.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.

MSHA sampling at Birch River Plant No. 1 shows respirable coal dust averaging 0.48 mg/m3 (98% compliant) across 89 samples.

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.
0.48
dust avg (mg/m3)
1.97
dust max (mg/m3)
98%
within 1.5 mg/m3
89
samples
Most recent sample: 2012-02-23.
Silica (quartz)
0.5
silica avg (%)
1.0
silica max (%)
6
samples
Most recent sample: 2010-07-13.
Noise
27%
over PEL
22
samples
Most recent sample: 2011-09-23.
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
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
2015 Q4 0 2 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 16 0 0 0.0
2014 Q2 48 0 0 0.0
2014 Q1 24 1 1 41666.7
Show 48 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q4 88 0 0 0.0
2013 Q3 40 0 0 0.0
2013 Q2 136 0 0 0.0
2013 Q1 295 2 0 6779.7
2012 Q4 416 0 0 0.0
2012 Q3 464 3 0 6465.5
2012 Q2 936 0 0 0.0
2012 Q1 2,823 4 1 1416.9
2011 Q4 5,323 0 0 0.0
2011 Q3 4,955 2 0 403.6
2011 Q2 5,083 0 0 0.0
2011 Q1 6,073 6 4 988.0
2010 Q4 5,850 2 0 341.9
2010 Q3 6,792 6 0 883.4
2010 Q2 7,411 1 0 134.9
2010 Q1 7,187 2 1 278.3
2009 Q4 6,689 0 0 0.0
2009 Q3 6,578 1 0 152.0
2009 Q2 6,727 0 0 0.0
2009 Q1 7,127 6 2 841.9
2008 Q4 7,519 0 0 0.0
2008 Q3 7,585 1 0 131.8
2008 Q2 7,862 11 2 1399.1
2008 Q1 8,283 9 2 1086.6
2007 Q4 7,943 0 0 0.0
2007 Q3 6,317 4 1 633.2
2007 Q2 7,168 0 0 0.0
2007 Q1 10,143 0 0 0.0
2006 Q4 6,078 15 4 2467.9
2006 Q2 23,625 0 0 0.0
2006 Q1 5,369 0 0 0.0
2005 Q4 231 0 0 0.0
2005 Q2 29 0 0 0.0
2005 Q1 43 0 0 0.0
2004 Q4 41 0 0 0.0
2004 Q3 38 0 0 0.0
2004 Q2 48 0 0 0.0
2004 Q1 28 0 0 0.0
2003 Q4 29 0 0 0.0
2003 Q3 33 0 0 0.0
2003 Q2 8 2 0 250000.0
2003 Q1 1,828 1 0 547.0
2002 Q4 4,135 1 1 241.8
2002 Q3 3,421 2 1 584.6
2000 Q4 12 0 0 0.0
2000 Q3 12 0 0 0.0
2000 Q2 12 0 0 0.0
2000 Q1 12 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

43 on file

2011 · 1 incident

February 22, 2011 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Atlantic Leaseco, LLC · Struck against a moving object

Coming down hill to prop plant was about 75-100 ft from bottom of hill truck broke lose could not stop hit bank and over turned.

2008 · 1 incident

April 11, 2008 WV · Coal electrician, lineman POWERED HAULAGE
Atlantic Leaseco, LLC · Fall from machine

EE was hauling concrete up to the scale house with fork lift, when the fork lift ran out of fuel, lift started to roll backwards down the road. EE said he started hitting buttons trying to set park brake when lift didn't stop, EE took off seat belt and stepped off lift. EE then fell backwards hitting his head and lower back.

2007 · 1 incident

June 26, 2007 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Atlantic Leaseco, LLC · Struck against a moving object

The 988B operator was going around a parked D & S truck. As he started around, a tractor-trailer was coming the other way. The back end of the trailer was about to hit the back of the loader. The loader operator steered the loader so he would not get hit. The bucket then went into the side of the parked D & S truck ripping off the hydraulic tank, steps & put a hole in the bed.

2006 · 1 incident

October 17, 2006 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Atlantic Leaseco, LLC · Caught in, under or between (Not Elsewhere Classified)

Lifting up small cable hoist with plant hoist. Small hoist rolled over pinching right hand pinky finger against plant hoist hook.

2002 · 1 incident

August 5, 2002 WV · Coal welder (shop) HANDLING OF MATERIALS
Gauley Eagle Holdings, Inc. · Over-exertion in lifting objects

EMPLOYEE PICKED UP END OF 1/4 INCH AIR LINE WITH AIR CHUCK ATTACHED AS TO AIR A TIRE. HE STATED HE FELT A TINGLE IN HIS BACK.

1992 · 5 incidents

December 1, 1992 WV · Coal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger HANDLING OF MATERIALS
Island Creek Coal Company · Over-exertion (Not Elsewhere Classified)

INJURED WAS DISMOUNTING FROM GRADALL AND WHEN STEPPING DOWN HE HEARD HIS KNEE POP AND HE KEPT WORKING AND THE NEXT MORNING IT WAS SWOLLEN UP. HE WENT TO THE DOCTOR ON 12/14/92 AND THAT IS WHEN HE TOOK OFF WORK.

March 31, 1992 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman DISORDERS (REPEATED TRAUMA)
Island Creek Coal Company · (Not Elsewhere Classified)

HEARING LOSS

January 28, 1992 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver DISORDERS (REPEATED TRAUMA)
Island Creek Coal Company · (Not Elsewhere Classified)

HEARING LOSS.

January 28, 1992 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman DISORDERS (REPEATED TRAUMA)
Island Creek Coal Company · (Not Elsewhere Classified)

HEARING LOSS

1991 · 3 incidents

December 17, 1991 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Island Creek Coal Company · Struck by... (Not Elsewhere Classified)

I.NAME FORMING CURVED STEEL BAFFLE PLATE TO FIT INSIDE FAN SHROUD. WAS USING SHORT HANDLED SLDEGE HAMMER TO BATTER THE STEEL IN TO THE PROPER CONTOURED SHAPE WHEN THE HAMMER GLANCED OFF STEEL STRIKING LEFT INDEX FINGER.

February 22, 1991 WV · Coal electrician, lineman DUST DISEASE OF LUNGS
Island Creek Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

STATE BLACK LUNG.

February 22, 1991 WV · Coal electrician, lineman DUST DISEASE OF LUNGS
Island Creek Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

STATE BLACK LUNG.

1990 · 1 incident

March 20, 1990 WV · Coal car dropper, car shake out operator HANDTOOLS (NONPOWERED)
Island Creek Coal Company · Fall to the walkway or working surface

HE WAS USING A PRY BAR TO CLOSE A DROP DOOR ON A RAIL ROAD CAR. THE BAR SLIPPED OUT OF THE DOOR CAUSING HIM TO FALL BACKWARDS, TWISTING HIS ANKLE.

1989 · 15 incidents

November 28, 1989 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator DISORDERS (REPEATED TRAUMA)
Island Creek Coal Company · (Not Elsewhere Classified)

NOISE INDUCED HEARING LOSS.

October 30, 1989 WV · Coal electrician, lineman SLIP OR FALL OF PERSON
Island Creek Coal Company · Fall from machine

VICTIM STEPPED DOWN FROM THE BOTTOM STEP OF A RAILROAD CAR TO THE GROUND AND TWISTED HIS KNEE.DID NOT HAVE SURGERY UNTIL 12-08-89.

October 3, 1989 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator DUST DISEASE OF LUNGS
Island Creek Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

STATE BLACK LUNG AWARD.

September 25, 1989 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Island Creek Coal Company · Over-exertion (Not Elsewhere Classified)

WAS GETTING OUT OF OPERATORS CAB OF REFUSE TRUCK AND WHEN HE WAS DESCENDING STEPS HE STATED HE FELT PAIN IN HIS LEFT LEG.

September 18, 1989 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech DISORDERS (REPEATED TRAUMA)
Island Creek Coal Company · (Not Elsewhere Classified)

NOISE INDUCED HEARING LOSS.

September 18, 1989 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech DUST DISEASE OF LUNGS
Island Creek Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

STATE BLACK LUNG AWARD

September 18, 1989 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator DUST DISEASE OF LUNGS
Island Creek Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

STATE BLACK LUNG AWARD

September 18, 1989 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman DUST DISEASE OF LUNGS
Island Creek Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

STATE BLACK LUNG AWARD

September 18, 1989 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver DISORDERS (REPEATED TRAUMA)
Island Creek Coal Company · (Not Elsewhere Classified)

NOISE INDUCED HEARING LOSS.

September 18, 1989 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman DISORDERS (REPEATED TRAUMA)
Island Creek Coal Company · (Not Elsewhere Classified)

NOISE INDUCED HEARING LOSS.

September 18, 1989 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech DUST DISEASE OF LUNGS
Island Creek Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

STATE BLACK LUNG AWARD.

September 18, 1989 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman DUST DISEASE OF LUNGS
Island Creek Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

STATE BLACK LUNG AWARD

July 31, 1989 WV · Coal greaser, grease man, oiler, lube man, dragline oiler DUST DISEASE OF LUNGS
Island Creek Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

STATE BLACK LUNG AWARD

July 31, 1989 WV · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor DUST DISEASE OF LUNGS
Island Creek Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

STATE BLACK LUNG AWARD

July 24, 1989 WV · Coal car dropper, car shake out operator HANDTOOLS (NONPOWERED)
Island Creek Coal Company · Fall to the walkway or working surface

VICTIM WAS SHUTTING THE DOOR ON A RAILROAD CAR USING A PRY BAR- WHEN HE APPLIED PRESSURED ON THE BAR IT SLIPPED CAUSING HIM TO LOOSE HIS BALANCE AND FALL BACKWARDS WITH HIS ANKLE UNDERNEATH HI M.

1988 · 4 incidents

December 25, 1988 WV · Coal FIRE
Island Creek Coal Company · Accident type, without injuries

APPARENTLY DUE TO SPONTANEOUS COMBUSTION A FIRE OCCURRED IN THE CLEAN COAL SILO.

September 2, 1988 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Island Creek Coal Company · Over-exertion (Not Elsewhere Classified)

WAS PUTTING 6" INTAKE PIPE INTO PUMP AND WHEN HE STOOD UP FELT PAIN IN LOWER LEFT SIDE AND BACK.

July 15, 1988 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Island Creek Coal Company · Fall onto or against objects

CLAMANT STATED THAT AS HE EXITED TRUCK DOOR HIS FOOT SLIPPED CAUSING HIM TO STRIKE HIS RIB ON HAND RAILIING.

March 11, 1988 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Island Creek Coal Company · Caught in, under or between (Not Elsewhere Classified)

THE D-9 FINAL DRIVE WAS LOCKED UP. VICTIM WAS CHECKING GEAR OIL FOR METAL CUTTINGS. HE PUT FINGER IN OIL DRAIN HOLE AT BOTTOM OF FINAL DRIVVE AND C CAUGHT FINGER BETWEEN BULL GEAR AND FINAL DRIVE GEAR HOUSING RESULTING IN AMPUTATION OF END OF LEFT MIDDLE FINGER.

1987 · 6 incidents

September 17, 1987 WV · Coal dryer operator, kiln operator, dry plant operator, fluid operator, bed dryer operator ELECTRICAL
Island Creek Coal Company · Flash burns (electric)

PUTTING CIRCUIT3BREAKER ON FOR HERTER FAN IN DRYER CONTROL ROOM.BREAKER SHORTED OUT CAUSING FLASH AND BURNS TO LEFT HAND.

July 9, 1987 WV · Coal greaser, grease man, oiler, lube man, dragline oiler HANDTOOLS (NONPOWERED)
Island Creek Coal Company · Struck by... (Not Elsewhere Classified)

WAS GETTING RAW3COAL SCREEN FROM BUNDLE & WHEN HE CUT THE BAND FROM BUNDLE OF 8 SCREENS THEY SLIPPED SIDEWAYS & GOT ON HIS LEFT FOOT.

April 10, 1987 WV · Coal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger HANDLING OF MATERIALS
Island Creek Coal Company · Over-exertion (Not Elsewhere Classified)

CLAIMANT STATES3THAT HE WAS REINSTALLING BRAKE DRUM ON DM800 MACK TRUCK BY HAND AND PULLED MUSCLE IN BACK THIS WAS REPORTED TO SUPERVISOR 04 15 87 CEASED WORK 0416 87

January 31, 1987 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Island Creek Coal Company · Over-exertion in lifting objects

HE WAS HELPING 9EPLACE A PIECE OF 10" PIPE AND SUFFERED DISCOMFORT TO ABDOMEN AND BACK

January 26, 1987 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Island Creek Coal Company · Caught in, under or between a moving and a stationary object

CHANGING BEARIN1 ON SEPARATOR- TAKING BEARING OFF SHAFT- SEPARATOR ROLLED MASHING LEFT INDEX FINGER BETWEEN ROLL AND HOUSING CAUSING LACERATION.

1986 · 1 incident

October 6, 1986 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Island Creek Coal Company · Over-exertion (Not Elsewhere Classified)

CLAIMANT STATES3WAS PICKING WOOD OFF COARSE COAL SCREEN & REMOVED PLATE OFF FINE COAL CHUTE AND STEPPED DOWN THE CHUTE WITH LEFT FOOT THEN PUT COVER PLATE BACK OVER CHUTE.

1985 · 2 incidents

September 3, 1985 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Island Creek Coal Company · Struck by falling object

WAS LIFTING MOTOR OFF REFUSE BELT WITH COME-ALONG AND THE EYE BOLT PULLED OUT OF MOTOR CAUSING MOTOR TO FALL ON RT. ANKLE.

February 22, 1985 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Island Creek Coal Company · Struck by... (Not Elsewhere Classified)

VICTIM REPLACING PINS AND BUSHINGS ON FRONT ENDLOADER AND HIT LEFT THUMB WITH HHAMMER CAUSING LACERATION.

1984 · 1 incident

February 15, 1984 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Island Creek Coal Company · Struck by falling object

HE WAS CUTTING TREES & ONE LODGED IN ANOTHER TREE. HE CUT OFF THE BUTT END OF TREE & TOP CAME AROUND STRIKING LEFT LEG CAUSING SMALL CHIPS OF KNEE CAP & TORN LIGAMENTS IN KNEE.

For insurers, brokers, and safety consultants

The full compliance file on Birch River Plant No. 1

A dated report covering the 26-year penalty trail, line-item violation pattern, contest and docket posture, rate-normalized peer benchmark, and full fatality history. Delivered as a PDF with the underlying data as CSV.