Mining Incidents

Bishop Surface: 1 recorded fatality Coal

Pax, Fayette County, WV  ·  Active
MSHA Mine ID: 4607491

Bishop Surface has $70K in proposed MSHA penalties and $9K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
18
Years on record
1993–2025
Latest incident
Nov 2025
Compliance record
MSHA citations since 2000
183
citations
81
significant & substantial
$69,629
proposed penalties
$54,398
paid to date
78% of proposed penalties paid to date, a $15,231 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
111
inspections on record
3,602
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.
183 citations across 3,602 inspection hours.
Source: MSHA inspections data, updated weekly.

Bishop Surface has $70K in proposed MSHA penalties and $9K 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.
$70K
proposed penalties
$64K
current assessed
$54K
paid to date
$9K
outstanding
180 assessments are final orders; 8 contested dockets.
Of $40K in penalties contested before the Commission, $33K was upheld in final decisions.
As of the most recent assessment on 2025-08-18.
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.
44.8%
significant & substantial
4.4%
high negligence or reckless
44.4%
reasonably likely or greater
33.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.1% low, 84.4% moderate, 4.4% 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.
35 citations taken to the federal commission · 19% of citations on record
  • Settled 15 · 43%
  • Stood as issued 17 · 49%
  • Vacated or withdrawn 3 · 9%
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 8 decided S&S contests · industry: 79%
16%
Penalty reduction in decided contests
$40K proposed, $33K 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 2020-01-14.
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.
Docket Decision Judge Year Proposed / upheld
WEVA 2008-1829 Settlement Weisberger 2009 $30K → $25K
WEVA 2019-0150 Settlement Rae 2019 $4K → $3K
WEVA 2019-0098 Settlement Rae 2019 $3K → $3K
WEVA 2019-0538 Default 2019 $2K → $2K
WEVA 2018-0549 Default Lesnick 2018 $472 → $472
WEVA 2020-0211 Withdrawal 2020 $363 → $0
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Bishop Surface shows 100% of 423 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: 2026-08-10
100%
within 1.5 mg/m3
423
samples
1.90
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.
246 samples taken by MSHA inspectors, 177 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR167
  • HIGHWALL DRILL OPERATOR133
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE64

Silica (quartz)

Last sampled: 2026-02-10
19.6
silica avg (%)
25
samples
40.9
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR13
  • HIGHWALL DRILL OPERATOR12

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: 2026-02-03
3%
over PEL
96
samples
Most-sampled occupations
  • BULLDOZER OPERATOR30
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE25
  • HIGHLIFT OPERATOR/FRONT END LOADER20
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
2026 100% 11
2025 100% 29
2024 100% 41
2023 100% 45
2022 100% 26
2021 100% 9
2020 100% 5
2019 100% 12
2018 100% 20
2017 100% 7
2016 100% 4
2015 100% 1
2014 100% 8
2013 100% 11
2012 100% 11
2011 100% 15
2010 100% 9
2009 100% 17
2008 100% 5
2006 100% 5
2005 100% 11
2004 100% 11
2003 100% 14
2002 100% 23
2001 100% 30
2000 98% 43
Silica (quartz) by year
Year silica avg (%) samples
2026 18.3 1
2025 15.8 3
2024 17.2 3
2023 23.0 4
2021 9.9 1
2018 22.6 2
2013 27.1 1
2011 9.1 1
2009 40.2 1
2006 10.4 1
2005 2.1 1
2002 27.8 3
2001 18.1 3
Noise by year
Year over PEL samples
2026 0% 2
2024 0% 10
2023 0% 10
2022 0% 5
2018 0% 10
2016 0% 2
2014 60% 5
2013 0% 4
2012 0% 9
2011 0% 4
2010 0% 5
2009 0% 7
2008 0% 4
2004 0% 4
2003 0% 5
2001 0% 5
2000 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bishop Surface recorded 1.69 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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.
1.69
total case rate
1.69
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In West Virginia, coal mining averaged 3.89 cases per 100 workers that year.
Year total case rate days-away fatal
2025 1.69 1.69 0.000
2024 0.00 0.00 0.000
2023 1.25 1.25 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2018 * 3.76 3.76 0.000
2014 1.86 1.86 0.000
2013 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.
Ownership history
  1. Prosperity Energy Inc 1988 to 1990
  2. Patience Inc 1990 to 2006
  3. Hanover Resources LLC 2006 to 2011
  4. Blackjewel L.L.C. 2011 to 2019
  5. Nicholas Contura LLC 2019 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)
2026 22 81,643
2025 49 321,692
2024 74 514,131
2023 62 384,480
2022 31 346,709
2021 14 24,458
2020 3
2019 13 67,079
2018 24 66,420
2017 4 2,013
2016 1
2015 9 40,196
2014 34 496,004
2013 35 465,596
2012 43 438,943
2011 29 329,157
2010 23 178,819
2009 27 245,566
2008 27 209,370
2007 29 300,189
2006 7 61,206
2005 0
2004 15 155,770
2003 31 347,352
2002 35 485,384
2001 36 334,771
2000 26 274,168
Source: MSHA quarterly employment and production, updated weekly.

Bishop Surface sits in Fayette County, West Virginia, where the Census mining category is 3.0% 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.
Fayette County, West Virginia · Population 39,987
3.0%
Mining share of county employment
$52,672
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
2026 Q2 11,252 0 0 0.0
2026 Q1 16,465 0 0 0.0
2025 Q4 21,141 0 0 0.0
2025 Q3 10,881 1 0 91.9
2025 Q2 41,629 0 0 0.0
2025 Q1 44,462 0 0 0.0
2024 Q4 40,564 3 0 74.0
2024 Q3 43,207 2 2 46.3
Show 97 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 46,882 0 0 0.0
2024 Q1 56,033 1 0 17.8
2023 Q4 26,591 0 0 0.0
2023 Q3 48,048 3 0 62.4
2023 Q2 49,674 0 0 0.0
2023 Q1 35,830 0 0 0.0
2022 Q4 13,244 0 0 0.0
2022 Q3 16,138 2 0 123.9
2022 Q2 25,199 0 0 0.0
2022 Q1 20,976 0 0 0.0
2021 Q4 14,355 0 0 0.0
2021 Q3 4,501 0 0 0.0
2021 Q2 4,571 0 0 0.0
2021 Q1 4,664 0 0 0.0
2020 Q4 4,553 0 0 0.0
2020 Q3 1,613 0 0 0.0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q1 13,544 0 0 0.0
2018 Q4 13,443 21 5 1562.2
2018 Q3 16,077 1 1 62.2
2018 Q2 15,620 2 1 128.0
2018 Q1 8,055 0 0 0.0
2017 Q4 8,055 1 0 124.1
2017 Q3 780 0 0 0.0
2017 Q2 780 0 0 0.0
2017 Q1 780 0 0 0.0
2016 Q4 780 0 0 0.0
2016 Q3 780 0 0 0.0
2016 Q2 702 2 0 2849.0
2016 Q1 1,169 0 0 0.0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 390 0 0 0.0
2015 Q1 10,008 0 0 0.0
2014 Q4 26,545 5 3 188.4
2014 Q3 26,862 0 0 0.0
2014 Q2 27,790 1 1 36.0
2014 Q1 26,296 0 0 0.0
2013 Q4 27,232 1 1 36.7
2013 Q3 28,581 0 0 0.0
2013 Q2 24,681 0 0 0.0
2013 Q1 30,462 0 0 0.0
2012 Q4 35,716 1 0 28.0
2012 Q3 35,930 0 0 0.0
2012 Q2 28,098 0 0 0.0
2012 Q1 28,424 0 0 0.0
2011 Q4 28,070 0 0 0.0
2011 Q3 20,115 0 0 0.0
2011 Q2 14,792 0 0 0.0
2011 Q1 17,752 0 0 0.0
2010 Q4 12,669 1 1 78.9
2010 Q3 13,523 0 0 0.0
2010 Q2 15,518 4 1 257.8
2010 Q1 15,161 0 0 0.0
2009 Q4 13,744 3 1 218.3
2009 Q3 14,215 3 2 211.0
2009 Q2 16,391 0 0 0.0
2009 Q1 18,752 2 0 106.7
2008 Q4 17,684 0 0 0.0
2008 Q3 17,464 6 2 343.6
2008 Q2 17,062 0 0 0.0
2008 Q1 17,724 0 0 0.0
2007 Q4 16,988 7 4 412.1
2007 Q3 17,002 0 0 0.0
2007 Q2 19,497 3 2 153.9
2007 Q1 18,343 0 0 0.0
2006 Q4 15,052 0 0 0.0
2006 Q3 0 0 0
2006 Q2 0 0 0
2006 Q1 0 0 0
2005 Q4 0 0 0
2005 Q3 0 3 2
2005 Q2 0 0 0
2005 Q1 0 2 1
2004 Q4 0 0 0
2004 Q3 0 0 0
2004 Q2 10,969 0 0 0.0
2004 Q1 18,264 0 0 0.0
2003 Q4 15,941 0 0 0.0
2003 Q3 17,294 3 3 173.5
2003 Q2 18,261 1 1 54.8
2003 Q1 17,813 14 11 785.9
2002 Q4 18,554 0 0 0.0
2002 Q3 19,099 0 0 0.0
2002 Q2 21,163 0 0 0.0
2002 Q1 21,601 0 0 0.0
2001 Q4 21,610 0 0 0.0
2001 Q3 14,579 0 0 0.0
2001 Q2 20,891 0 0 0.0
2001 Q1 21,534 0 0 0.0
2000 Q4 14,217 2 1 140.7
2000 Q3 12,972 1 1 77.1
2000 Q2 14,222 0 0 0.0
2000 Q1 14,894 4 3 268.6

Fatalities at this mine

1 recorded
December 29, 2017 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer Fatality · MACHINERY
Blackjewel L.L.C. · Struck against a moving object

Two bulldozers pushing in the same area, operators talking on CB. D9 operator is injured worker. D-11 is colleague. D9 stopped talking. D11 found that D9 had gone over highwall. Injured worker passed away from injuries sustained.

Reportable incidents

17 on file (excluding fatalities above)

2025 · 2 incidents

August 5, 2025 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Nicholas Contura LLC · Fall from machine

EE was standing on right side fender doing EE's pre-trip inspection when EE went to exit fender EE missed a step and slipped. Then EE fell to the ground on EE's right side elbow/arm. Went to ER, had strain to right arm.

2024 · 1 incident

October 14, 2024 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nicholas Contura LLC · Struck against stationary object

Employee was removing hose from axle cooler pump on 993k Z9K00314 when pulling hose back for removal, hand slipped making contact with top of transmission. Unknown exactly what the right hand contact on transmission. The contact caused a laceration on top of right hand

2023 · 1 incident

December 5, 2023 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nicholas Contura LLC · Over-exertion (Not Elsewhere Classified)

Stepping up onto front-end loader, felt a pop in knee.

2019 · 1 incident

December 18, 2019 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Nicholas Contura LLC · Over-exertion in pulling or pushing objects

Trying to pull door open that was frozen shut. This was at starting time and door had frozen shut during the night.

2018 · 2 incidents

March 28, 2018 WV · Coal utility man, shift tech, service/dump truck operator HANDTOOLS (NONPOWERED)
Blackjewel L.L.C. · Contact with hot objects or substances

Employee was using a pipe wrench to remove cap from radiator, antifreeze blew on employee's hand causing burns.

January 23, 2018 WV · Coal drill operator MACHINERY
Blackjewel L.L.C. · Struck against a moving object

Reported 1/30/19 - Proceeded to back up the drill, the rear of the drill dipped sharply down, causing the front of the drill to jump into the air, throwing employee into the control console, woke up the next morning with pain in the right knee

2017 · 1 incident

December 19, 2017 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Blackjewel L.L.C. · Fall onto or against objects

Exiting rock truck, caught back of boot on 2nd step, lost balance & fell forward hitting head on fire ext. bracket.

2015 · 1 incident

June 16, 2015 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Blackjewel L.L.C. · Over-exertion (Not Elsewhere Classified)

Hooking up a drop trailer, twisted when turning around escaping bees, sprain to knee

2014 · 2 incidents

February 17, 2014 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Blackjewel L.L.C. · Struck against a moving object

large rock fell out of loader into rock truck, causing jarring to employee and instant back pain

2013 · 1 incident

July 22, 2013 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Blackjewel L.L.C. · Over-exertion (Not Elsewhere Classified)

Opening a gate valve on an overhead bin, strain to abdomen

2009 · 1 incident

February 12, 2009 WV · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey OTHER
Hanover Resources LLC · Bodily reaction, (Not Elsewhere Classified)

Employee was loading a bulk truck. While on the top of the truck, he bent to go under a beam on the bin. In doing so, something in his back went out. He elected to seek medical attention.

2005 · 1 incident

November 3, 2005 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Patience Inc · Struck against a moving object

Employee was operating 777D rock truck. He was getting loaded by 992G loader. First scoop jarred him around, injuring his left shoulder.

2004 · 1 incident

August 11, 2004 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Patience Inc · Contact with hot objects or substances

STUMBLED WHILE USING CUTTING TORCH AND RUN TORCH OVER LEFT HAND CAUSING HAND TO BE BURNED.

2002 · 1 incident

March 26, 2002 WV · Coal truck driver POWERED HAULAGE
Patience Inc · (Not Elsewhere Classified)

EE WAS CLEANING LIGHTS ON HIS TRUCK WHEN HE GOT BRIGHT LIGHT SHONE IN HIS EYES. DUE TO A WORK STOPPAGE (LAYOFF), COMPANY WAS NOT NOTIFIED OF INCIDENT UNTIL 5/2/02 WHEN WORKER'S COMP. PAPERWORK WAS RECEIVED.

1993 · 1 incident

December 22, 1993 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Patience Inc · Struck by rolling or sliding object

ROCK TRUCK/EUC DUMPING ON LIFT. GRADER DOWN BELOW. MECHANIC WAS TIGHTENING A CHAIN ON THIS GRADER AND A ROCK ROLLED DOWN AS TRUCK WAS DUMPING, HITTING MECHANIC ON HIS SHIN OR LEG.