Mining Incidents

Briar Mountain Surface Mine: 187 MSHA citations Coal

Ed Coal Inc · Surface
Controlled by Everett Gordon Justice
Eskdale, Kanawha County, WV  ·  Temporarily Idled
MSHA Mine ID: 4609285

Briar Mountain Surface Mine has $71K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
2009–2014
Latest incident
Nov 2014
Compliance record
MSHA citations since 2008
187
citations
43
significant & substantial
$70,942
proposed penalties
$69,231
paid to date
98% of proposed penalties paid to date, a $1,711 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
45
inspections on record
2,333
inspection hours
8.0
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.
187 citations across 2,333 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2011-11-03.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

Briar Mountain Surface Mine has $71K in proposed MSHA penalties and $0 outstanding across 1 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.
$71K
proposed penalties
$69K
current assessed
$69K
paid to date
$0
outstanding
185 assessments are final orders; 1 contested dockets.
Of $6K in penalties contested before the Commission, $4K was upheld in final decisions.
As of the most recent assessment on 2017-06-12.
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.
23.2%
significant & substantial
7.6%
high negligence or reckless
23.2%
reasonably likely or greater
14.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.9% low, 86.5% moderate, 7.6% 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.
1 citations taken to the federal commission · 1% of citations on record
  • Settled 1 · 100%
0%
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 1 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$6K proposed, $4K 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 2012-08-22.
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 2012-1656 Settlement Lesnick 2013 $6K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Briar Mountain Surface Mine shows 100% of 165 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: 2018-09-06, 7 years ago
100%
within 1.5 mg/m3
165
samples
0.84
dust max (mg/m3)
3
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.
87 samples taken by MSHA inspectors, 78 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR73
  • HIGHWALL DRILL OPERATOR58
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE14

Silica (quartz)

Last sampled: 2017-02-28, 9 years ago
31.6
silica avg (%)
14
samples
53.8
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR7
  • HIGHWALL DRILL OPERATOR7

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: 2018-09-06, 7 years ago
0%
over PEL
52
samples
Most-sampled occupations
  • BULLDOZER OPERATOR19
  • HIGHLIFT OPERATOR/FRONT END LOADER10
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE10
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% 1
2017 100% 28
2016 100% 10
2015 100% 46
2014 100% 18
2013 100% 19
2012 100% 11
2011 100% 14
2010 100% 10
2009 100% 8
Silica (quartz) by year
Year silica avg (%) samples
2017 31.4 1
2015 25.8 6
2014 25.5 1
2013 36.8 4
2011 29.6 1
2010 53.8 1
Noise by year
Year over PEL samples
2018 0% 1
2017 0% 5
2016 0% 5
2015 0% 7
2014 0% 7
2013 0% 7
2011 0% 7
2010 0% 5
2009 0% 8
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Briar Mountain Surface Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2017.

Injury rate, 2017
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 2.48 cases per 100 workers.
In West Virginia, coal mining averaged 5.65 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
2017 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 * 2.84 2.84 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 3.47 2.31 0.000
2010 7.10 7.10 0.000
2009 * 10.16 10.16 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. JMAC Leasing Inc 2008 to 2008
  2. Ed Coal Inc 2008 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)
2020 3
2019 0
2018 1
2017 12 59,984
2016 7 3,726
2015 34 313,031
2014 36 400,769
2013 37 415,210
2012 46 391,703
2011 69 744,018
2010 69 811,259
2009 35 232,056
2008 8
Source: MSHA quarterly employment and production, updated weekly.

Briar Mountain Surface Mine sits in Kanawha County, West Virginia, where the Census mining category is 1.9% 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.
Kanawha County, West Virginia · Population 178,198
1.9%
Mining share of county employment
$58,887
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
2020 Q3 735 0 0 0.0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 1,108 0 0 0.0
2017 Q4 4,604 0 0 0.0
Show 37 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q3 6,635 0 0 0.0
2017 Q2 7,878 1 1 126.9
2017 Q1 7,202 0 0 0.0
2016 Q4 3,690 0 0 0.0
2016 Q3 3,635 0 0 0.0
2016 Q2 2,691 0 0 0.0
2016 Q1 892 0 0 0.0
2015 Q4 13,029 0 0 0.0
2015 Q3 14,383 4 0 278.1
2015 Q2 19,612 0 0 0.0
2015 Q1 19,479 5 2 256.7
2014 Q4 20,064 0 0 0.0
2014 Q3 21,580 15 2 695.1
2014 Q2 22,203 0 0 0.0
2014 Q1 6,587 19 4 2884.5
2013 Q4 20,066 0 0 0.0
2013 Q3 20,172 0 0 0.0
2013 Q2 25,454 0 0 0.0
2013 Q1 20,283 5 0 246.5
2012 Q4 15,665 0 0 0.0
2012 Q3 14,170 2 0 141.1
2012 Q2 26,443 15 1 567.3
2012 Q1 33,978 1 1 29.4
2011 Q4 43,097 21 4 487.3
2011 Q3 42,578 10 3 234.9
2011 Q2 42,922 4 1 93.2
2011 Q1 44,424 0 0 0.0
2010 Q4 39,693 17 7 428.3
2010 Q3 41,003 0 0 0.0
2010 Q2 43,584 9 2 206.5
2010 Q1 44,679 0 0 0.0
2009 Q4 39,371 24 9 609.6
2009 Q3 32,180 0 0 0.0
2009 Q2 5,988 3 0 501.0
2009 Q1 1,184 0 0 0.0
2008 Q4 1,186 1 0 843.2
2008 Q3 0 0 0
No fatalities recorded at this mine.

Reportable incidents

15 on file

2014 · 2 incidents

November 21, 2014 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Ed Coal Inc · Struck against a moving object

While descending the haul road, the brake pedal became spongy and the truck wouldn't slow down. The driver steered the truck into the ditch and then hit the escape tamp. The truck traveled up the escape ramp and then over the hill. The truck came to rest at the bottom of the hill on the lower road.

May 15, 2014 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Ed Coal Inc · Fall onto or against objects

Employee slipped while dismounting Komatsu 475 dozer. Employee fell onto the track of the dozer on his right side.

2011 · 3 incidents

November 2, 2011 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Ed Coal Inc · Struck by falling object

Employee was opening a box of bogie pads when one fell out and landed on his left foot.

April 16, 2011 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Ed Coal Inc · Contact with hot objects or substances

Employee was using cutting torch on a bucket when a hot peace of slag went into his ear. Employee first said he was all right, but started experiencing slight hearing loss. Employee has received medical treatment and has missed no work days.

February 8, 2011 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Ed Coal Inc · Struck against a moving object

EE was operating a 775 rock truck, hauling coal. He said as he approached the parking lot, the truck started to slide and gain momentum. He stated that it slid around and overturned onto the off-side of the truck.

2010 · 6 incidents

December 9, 2010 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Ed Coal Inc · Fall to the walkway or working surface

Employee was carrying filters through filter trailer, slipped and fell on shoulder.

November 2, 2010 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Ed Coal Inc · Struck against a moving object

Employee was operating loader. Employee backed over auger hole and hurt his back.

September 13, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Ed Coal Inc · Fall to the walkway or working surface

Employee was attempting to start welder on back of service truck. Employee fell while attempting to step onto bumper. Employee caught himself with his right arm and hurt his right hand.

August 13, 2010 WV · Coal outside foreman, leadman OTHER
Ed Coal Inc · Absorption of radiations, caustics, toxic and noxious substances

Employee was bitten by a copperhead while retrieving a hose from the hose trailer.

June 26, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Ed Coal Inc · Struck by... (Not Elsewhere Classified)

Employee was removing tooth from a 993K Loader bucket with hammer and metal bar. A small piece of metal stuck employee in the leg. He rolled up his leg and showed it to a supervisor. Supervisor said a tiny hole like a pen hole was on his leg. Employee finished working his shift.

January 27, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Ed Coal Inc · Fall from machine

Employee fell off of Komatsu 475 dozer. Employee hurt his back and arm.

2009 · 4 incidents

December 30, 2009 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Ed Coal Inc · Struck against a moving object

Employee was operating Caterpillar 988 Loader. Employee was backing out of a pit of coal when the loader "jerked."

December 7, 2009 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Ed Coal Inc · Fall from machine

While servicing Komatsu 475 bulldozer, EE fell from top of dozer tracks, striking his back on the ground.

October 6, 2009 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Ed Coal Inc · Struck against a moving object

Operator reported back pain while operating bull dozer.

May 22, 2009 WV · Coal rotary bucket excavator operator HANDLING OF MATERIALS
Ed Coal Inc · Over-exertion (Not Elsewhere Classified)

Operator exited excavator to clean tracks with shovel. Operator claims he felt something like a "bee sting" in his lower back while shoveling tracks on the excavator