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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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.
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 1,913 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.
Of $5K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2018-01-11.
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.
11citations taken to the federal commission · 11% of citations on record
Settled
10 · 91%
Vacated or withdrawn
1 · 9%
33%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 3 decided S&S contests · industry: 79%
56%
Penalty reduction in decided contests
$5K proposed, $2K 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 2017-06-14.
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 Birch River Plant No. 1 shows 98% of 89 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: 2012-02-23, 14 years ago
98%
within 1.5 mg/m3
89
samples
1.97
dust max (mg/m3)
42 samples taken by MSHA inspectors, 47 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.
Birch River Plant No. 1 recorded 0.00 reportable injury cases per 100 full-time workers in 2011.
Injury rate, 2011
ⓘ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 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In West Virginia, coal mining averaged 4.45 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
2011 *
0.00
0.00
0.000
2010 *
0.00
0.00
0.000
2009 *
0.00
0.00
0.000
2008 *
6.40
6.40
0.000
2007 *
0.00
0.00
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
Year
Employees
2015
0
2014
1
2013
1
2012
2
2011
11
2010
13
2009
12
2008
13
2007
14
2006
13
2005
2
2004
2
2003
3
2002
8
2000
2
Source: MSHA quarterly employment and production, updated weekly.
Birch River Plant No. 1 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
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.
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, 2006WV · Coalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorHANDLING OF MATERIALS
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, 1992WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanDISORDERS (REPEATED TRAUMA)
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, 1991WV · Coalelectrician, linemanDUST DISEASE OF LUNGS
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.
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, 1987WV · Coaldryer operator, kiln operator, dry plant operator, fluid operator, bed dryer operatorELECTRICAL
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, 1987WV · Coalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorHANDLING OF MATERIALS
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, 1985WV · Coalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorHANDTOOLS (NONPOWERED)
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.
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