Birch River Surface Mine No. 1 has $48K in proposed MSHA penalties and $24K outstanding across 2 contested dockets, plus health sampling and the full incident record.
Watch this mine
Email me when a new MSHA incident is filed at Birch River Surface Mine No. 1.
Fatalities
0
Total incidents
6
Years on record
2007–2012
Latest incident
Apr 2012
Compliance record
MSHA citations since 2006
68
citations
30
significant & substantial
$48,208
proposed penalties
$18,820
paid to date
39% of proposed penalties paid to date, a $29,388 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.
68 citations across 1,426 inspection hours.
Source: MSHA inspections data, updated weekly.
Birch River Surface Mine No. 1 has $48K in proposed MSHA penalties and $24K outstanding across 2 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.
$48K
proposed penalties
$43K
current assessed
$19K
paid to date
$24K
outstanding
67 assessments are final orders; 2 contested dockets.
Of $7K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2025-09-18.
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.
7citations taken to the federal commission · 10% of citations on record
Settled
7 · 100%
100%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 5 decided S&S contests · industry: 79%
74%
Penalty reduction in decided contests
$7K 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 2012-04-12.
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 Surface Mine No. 1 shows 100% of 104 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: 2026-08-12
100%
within 1.5 mg/m3
104
samples
0.68
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.
94 samples taken by MSHA inspectors, 10 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 Surface Mine No. 1 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
0.00
0.00
0.000
2010
1.39
0.00
0.000
2009
0.00
0.00
0.000
2008
3.89
0.00
0.000
2007 *
2.19
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
ⓘCoal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year
Employees
Coal produced (tons)
2022
9
2,065
2015
0
2014
2
2013
2
19,299
2012
21
289,214
2011
56
719,497
2010
54
593,527
2009
50
482,452
2008
39
324,017
2007
39
369,586
2006
32
104,367
2000
0
Source: MSHA quarterly employment and production, updated weekly.
Birch River Surface Mine 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
Operator was pushing spoil on Cut 5 in the C pit when he noticed smoke coming out of the engine comp. He then seen flames and exited the machine. EE attempted to retrieve the fire extinguisher at which time the fire was to hot for him to do so. All agencies and the Fire Dept. were called.
2011 · 1 incident
July 14, 2011WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanMACHINERY
EMPLOYEE WAS STEAM CLEANING A RADIATOR OF A DOZER. EMPLOYEE STOPPED TO REPOSITION HIS FOOTING AND THEN ACTIVATED HIS WAND SPRAYING HIMSELF IN THE LEFT THUMB CAUSING A PUNCTURE WOUND. EMPLOYEE WAS TAKEN TO SUMMERSVILLE HOSPITAL AND REFERRED TO CAMC HOSPITAL. HE WAS TAKEN INTO SURGERY TO CLEAN INFECTION OUT OF HIS HAND ON 7/15/2011. EMPLOYEE WAS RELEASED ON 7/18/2011.
2010 · 1 incident
October 18, 2010WV · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techMACHINERY
While cutting a pin out of a D10 dozer track, a piece of hot metal popped into employee's ear causing a burn. Employee didn't go to the Dr until 10/21/10 at which time he was given a prescription for medication and returned to work.
2008 · 2 incidents
October 20, 2008WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerEXPLOSIVES AND BREAKING AGENTS
Employee was hit with a piece of fly rock while a single hole was being shot. The employee along with 3 other employees were positioned behind a D11 dozer while shot was being shot. The piece of rock measured 4" x 2" and either was a glancing blow or just brushed his back.
March 15, 2008WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerHANDLING OF MATERIALS
While getting off D11 dozer, employee put all of his weight on right arm causing a burning feeling and knotted up. Didn't say he slipped, just step down causing all his weight to be pulled against right arm.
2007 · 1 incident
August 15, 2007WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerSTRIKING OR BUMPING
The operator left the cab area, walked down the stairway toward the lower compartment of the Hitachi Excavator. He hit his head on a piece of metal causing a cut to his head requiring stitches.
Related mines
Other mines operated by Birch River Resources, LLC