Brooke Prep Plant has $35K in proposed MSHA penalties and $906 outstanding across 2 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
117
Years on record
1984–2015
Latest incident
Dec 2015
Compliance record
MSHA citations since 2000
257
citations
57
significant & substantial
$34,936
proposed penalties
$33,996
paid to date
97% of proposed penalties paid to date, a $940 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.
257 citations across 4,523 inspection hours.
Source: MSHA inspections data, updated weekly.
Brooke Prep Plant has $35K in proposed MSHA penalties and $906 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.
$35K
proposed penalties
$35K
current assessed
$34K
paid to date
$906
outstanding
256 assessments are final orders; 2 contested dockets.
Of $819 in penalties contested before the Commission, $500 was upheld in final decisions.
As of the most recent assessment on 2026-03-21.
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.
4citations taken to the federal commission · 2% of citations on record
Settled
3 · 75%
Vacated or withdrawn
1 · 25%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 1 decided S&S contests · industry: 79%
39%
Penalty reduction in decided contests
$819 proposed, $500 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 2012-05-14.
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 Brooke Prep Plant shows 97% of 340 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: 2026-03-21
97%
within 1.5 mg/m3
340
samples
2.32
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.
221 samples taken by MSHA inspectors, 119 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.
Brooke Prep Plant recorded 0.00 reportable injury cases per 100 full-time workers in 2019.
Injury rate, 2019
ⓘ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 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
In West Virginia, coal mining averaged 4.51 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
2019 *
0.00
0.00
0.000
2014 *
0.00
0.00
0.000
2013 *
4.42
2.21
0.000
2012
3.84
3.84
0.000
2011 *
0.00
0.00
0.000
2010 *
2.18
0.00
0.000
2009 *
0.00
0.00
0.000
2008 *
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
2023
5
2022
6
2021
6
2020
5
2019
11
2018
5
2017
5
2016
0
2015
0
2014
13
2013
41
2012
48
2011
40
2010
34
2009
33
2008
28
2007
27
2006
20
2005
33
2004
28
2003
19
2002
19
2001
20
2000
14
Source: MSHA quarterly employment and production, updated weekly.
Brooke Prep Plant 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
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2023 Q4
1,084
0
0
0.0
2023 Q3
2,409
1
0
415.1
2023 Q2
2,688
0
0
0.0
2023 Q1
2,886
0
0
0.0
2022 Q4
2,785
5
0
1795.3
2022 Q3
3,376
0
0
0.0
2022 Q2
3,520
0
0
0.0
2022 Q1
3,769
0
0
0.0
Show 87 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2021 Q4
3,643
3
0
823.5
2021 Q3
3,531
0
0
0.0
2021 Q2
3,269
3
0
917.7
2021 Q1
2,961
3
1
1013.2
2020 Q4
2,965
3
0
1011.8
2020 Q3
3,384
0
0
0.0
2020 Q2
3,029
1
0
330.1
2020 Q1
2,583
1
0
387.1
2019 Q4
7,772
0
0
0.0
2019 Q3
6,921
1
0
144.5
2019 Q2
8,383
13
1
1550.8
2019 Q1
8,223
21
0
2553.8
2018 Q4
6,312
1
1
158.4
2018 Q3
4,800
3
1
625.0
2018 Q2
2,968
6
0
2021.6
2018 Q1
1,864
3
1
1609.4
2017 Q4
4,664
0
0
0.0
2017 Q3
2,887
0
0
0.0
2017 Q2
0
0
0
2017 Q1
0
0
0
2016 Q4
0
0
0
2016 Q3
0
0
0
2016 Q2
0
0
0
2016 Q1
0
0
0
2015 Q4
0
1
0
2015 Q3
0
0
0
2015 Q1
546
0
0
0.0
2014 Q4
1,125
0
0
0.0
2014 Q3
1,357
0
0
0.0
2014 Q2
7,024
0
0
0.0
2014 Q1
18,388
0
0
0.0
2013 Q4
14,561
1
1
68.7
2013 Q3
18,895
3
0
158.8
2013 Q2
29,914
0
0
0.0
2013 Q1
27,114
6
3
221.3
2012 Q4
22,307
0
0
0.0
2012 Q3
26,784
5
1
186.7
2012 Q2
27,628
0
0
0.0
2012 Q1
27,388
5
0
182.6
2011 Q4
20,706
0
0
0.0
2011 Q3
20,972
4
0
190.7
2011 Q2
26,592
0
0
0.0
2011 Q1
27,406
11
5
401.4
2010 Q4
22,501
0
0
0.0
2010 Q3
22,954
11
2
479.2
2010 Q2
24,181
1
0
41.4
2010 Q1
22,314
9
1
403.3
2009 Q4
19,317
0
0
0.0
2009 Q3
20,354
5
1
245.7
2009 Q2
19,388
0
0
0.0
2009 Q1
19,892
2
2
100.5
2008 Q4
18,913
0
0
0.0
2008 Q3
20,073
8
1
398.5
2008 Q2
19,831
1
0
50.4
2008 Q1
17,897
3
1
167.6
2007 Q4
15,238
0
0
0.0
2007 Q3
16,672
7
2
419.9
2007 Q2
18,971
0
0
0.0
2007 Q1
18,419
3
3
162.9
2006 Q4
16,151
0
0
0.0
2006 Q3
17,265
0
0
0.0
2006 Q2
19,284
0
0
0.0
2006 Q1
0
0
0
2005 Q4
18,175
0
0
0.0
2005 Q3
18,148
0
0
0.0
2005 Q2
21,847
1
0
45.8
2005 Q1
20,304
0
0
0.0
2004 Q4
15,037
6
2
399.0
2004 Q3
15,584
0
0
0.0
2004 Q2
19,021
4
1
210.3
2004 Q1
14,635
1
0
68.3
2003 Q4
11,635
8
1
687.6
2003 Q3
11,300
0
0
0.0
2003 Q2
11,019
6
3
544.5
2003 Q1
11,422
0
0
0.0
2002 Q4
10,018
5
4
499.1
2002 Q3
10,817
1
0
92.4
2002 Q2
10,924
6
5
549.2
2002 Q1
12,593
1
1
79.4
2001 Q4
10,998
7
2
636.5
2001 Q3
12,305
0
0
0.0
2001 Q2
11,994
8
1
667.0
2001 Q1
13,230
2
0
151.2
2000 Q4
10,222
6
1
587.0
2000 Q3
9,695
0
0
0.0
2000 Q2
8,967
2
0
223.0
2000 Q1
9,784
1
1
102.2
No fatalities recorded at this mine.
Reportable incidents
117 on file
2015 · 1 incident
December 11, 2015WV · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorSLIP OR FALL OF PERSON
Employee began missing days from work on 2/9/2016 from an accident occurring 12/11/2015. Employee was getting into a 988 loader when hand slipped from the loader handrail causing him to lose grip. Employee complains of pain in right shoulder and finger tips.
2013 · 2 incidents
July 10, 2013WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerALL OTHER OCCUPATIONAL ILLNESSES
Employee complained of pain after performing normal duties on July 2 & 10, he stated to a co-worker of similar events of pain. Employee continued to work and after a consultation with management Oct 1, it was reported by the employee, that an MRI showed degenerative disc disease, herniated, & protruding discs. Employee started missing days Oct 1 for the above mentioned symptoms.
March 5, 2013WV · Coalprep plant foreman, supervisor, mill plant supervisor, kiln supervisorHANDLING OF MATERIALS
Pipe was stopped up and the employees arm was in the pipe trying to clean to remove gob. When the gob came lose the employees arm was in the way causing the gob to break his right wrist.
2012 · 3 incidents
August 30, 2012WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerSTEPPING OR KNEELING ON OBJECT
The employee was replacing the hoist cylinder on a D8T Dozer. As he had the cylinder hoisted in the air, a bearing cap came off and struck him in the face and mouth. The injury required stitches in his upper lip, no other medical treatment needed.
May 28, 2012WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerSLIP OR FALL OF PERSON
Operator was working on fuel filter on dozer. Stepped back and fell hitting left knee, was transported to Summersville Regional Hospital by ambulance, referred to a specialist for ongoing treatment
EE stated that he was walking over to clean the discharge chute, he slipped on icy grading. As he was falling he tried to catch himself by getting hold of the hand rail and twisted his shoulder.
2008 · 1 incident
March 11, 2008WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerSLIP OR FALL OF PERSON
Moving flock tank when rigging on container turned causing tote tank to flip and strike EE knocking him to the ground. Injury to his right arm. Not scheduled to return to accident site, this was a capital project and was completed.
2007 · 1 incident
November 28, 2007WV · Coalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorHANDLING OF MATERIALS
EE was placing a 1/2 x 29 1/2 x 48" piece of plate in the fuel bin when plate twisted and caught left hand ring finger between plate and the plate on platform.
2004 · 2 incidents
June 5, 2004WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerSLIP OR FALL OF PERSON
INJURED WAS TRYING TO INSTALL A NEW CLEAN COAL SCREEN WHEN HE LOST HIS FOOTING & FELL TO THE FLOOR STRIKING THE NEW SCREEN ON THE SIDE OF HIS NECK CAUSING A LACERATION REQUIRING 6 STITCHES.
March 16, 2004WV · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDTOOLS (NONPOWERED)
Employee was in the process of bolting the hood on a payhauler when he smashed his left thumb between the hood and the bracket. Employee remains of due to thread of infection.
EMPLOYEE WAS WALKING DOWN A ROCKY AREA WHEN HE SLIPPED ON A ROCK AND TWISTED OR HYPER EXTENDED HIS RIGHT KNEE. HE CONTINUED TO WORK. HE RECEIVED MEDICAL ATTENTION DURING APRIL 2002. * HE BEGAN MISSING WORK 5/2/2002.
March 6, 2001WV · Coalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorSLIP OR FALL OF PERSON
EE ARRIVED AT PARKING LOT IN PERSONAL VEHICLE REPORTING TO WORK. HE WAS WALKING FROM HIS VEHICLE TO THE BATHHOUSE WHEN HE SLIPPED AND FELL AGGRAVATING A PREVIOUS EXISTING LOWER BACK INJURY. (W AS CONTINUING TO TAKE MEDICINE). HE CONTINUED TO WORK AND BEGAN MISSING WORK 3-14-2001 AFTER DR. EXAM.
ON ABOVE DATE ANT IME, EMP WAS GOING OUTSIDE TO CHECCK ON INCOMING VEHICLE. EMP HAD STRTED TO WALK OUT DOOR WHEN HE TRIPPED OVER A PART OF DOOE FRAME AND LOST HIS BALANCE. EMP FELL OFF STEPS T O GROUND CAUSING INJURY TO HIS RIGHT ANKEL. AFTER MEDICAL EVALUATION IT WAS DETERMINED THAT THE RIGHT ANKLE WAS FRACTURED.
EMP WAS OPERATING AN AIR TRIGGER. GOT HIS RIGHT HAND AND ARM CAUGHT IN HOIST CABLE. WHEN LOADED JERKED TUGGER OFF THEFLOOR. PULLING HIS ARM AND HAND DOWN THROUGH TUGGER.
INJURED STATED THAT HE WAS MOVING A PIECE OF WALL SECTION FOR THE THICKENER, HIS LOAD AND CENTER OF GRAVITY SHIFTED DO TO WORKING ON AN INCLINE. THIS CAUSED HIS MACHINE TO FLIP OVER THROWING H IM FROM THE MACHINE.
INJURED STATED THAT THE ROCK CHUTE HAD STOPPED UP AND WHILE WORKING ON IT A ROCK FELL FROM THE SCALPING SCREEN LOCATED ABOVE AND STRUCK HIM ON THE HEAD.
INJURED STATED THAT HE WAS GETTING OUT OF DOZER AND STEPPED OFF CAB ONTO TRACK. TRACK PAD HAD BOLT MISSING AND THE PAD GAVE WAY CAUSING HIM TO FALL OFF OF DOZER INJURING BACK AND HIP ON LEFT S IDE.
INJURED STATED THAT HE PUSHED CAR DOOR UP WITH HIS FOOT TO LATCH THE DOOR AND THE LATCH DID NOT CATCH COUPLING THE CAR DOOR SWUNG BACK AND HIT HIS FOOT.
July 22, 1993WV · Coaldryer operator, kiln operator, dry plant operator, fluid operator, bed dryer operatorHANDLING OF MATERIALS
INJURED STATED THAT HE HELPED ANOTHER EMPLOYEE LIFT A PIECE OF 4' PIPE AND HE STRAINED HIS SIDE.INJURY WAS NOT REPORTED UNTIL 08-23-91.HE STARTED MISSING WORK 08-23-91.
August 7, 1991WV · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
INJURED STATED THAT HE WAS CARRYING 2 SAMPLE BAGS INTO GRINDING ROOMA DN SLIPPED, TWISTING HIS HIP AND BAKC. THIS INJURY WAS NOT REPORTABLE UNTIL HE WENT TO THE DOCTOR AND STARTED MISSING WORK ON 2-13-91.
January 23, 1991WV · Coalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorSLIP OR FALL OF PERSON
INJURED STATED THAT DR. DIAGNOSED HIM AS HAVING A NERVE CONDITION CAUSED BY STRESS ON 9-24-90. THIS WAS REPORTED TO US ON 10-3-90. HE HAS BEEN OFF SINCE 7-14-90.
June 14, 1990WV · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
INJURED STATED THAT WHILE HE WAS DROPPING THE RAILROAD CARS INTO THE SHAKEOUT PIT, INJURED HIS LEFT ARM AND SHOULDER BY SETTING UP RAILROAD CAR BRAKE. THIS WAS NOT REPORTED UNTIL MARCH 5, 1984.