Thoroughbred Highwall Mining LLC · Accident type, without injuries
1200 Hitachi excavator had a hose burst, spraying oil onto the engine starting an oil fire. The operator then used the fire ext to remove himself from cab.
Brushy Fork: 79 MSHA citations Coal
Brushy Fork Resources, LLC
· Surface
Controlled by
Ralph Ballard
Bridgeport, WV,
Harrison County,
WV
·
Abandoned
MSHA Mine ID: 4609122
Brushy Fork has $16K in proposed MSHA penalties and $4K outstanding across 1 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 4
- Years on record
- 2010–2013
- Latest incident
- Jun 2013
Compliance record
MSHA citations since 2006
79
citations
32
significant & substantial
$16,249
proposed penalties
$12,440
paid to date
77% of proposed penalties paid to date, a $3,809 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
32
inspections on record
810
inspection hours
n/a
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.Rate withheld: 810 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Brushy Fork has $16K in proposed MSHA penalties and $4K 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.$16K
proposed penalties
$16K
current assessed
$12K
paid to date
$4K
outstanding
78 assessments are final orders; 1 contested dockets.
Of $525 in penalties contested before the Commission, $470 was upheld in final decisions.
As of the most recent assessment on 2015-06-15.
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.41.0%
significant & substantial
6.4%
high negligence or reckless
41.0%
reasonably likely or greater
23.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.7% low, 76.9% moderate, 6.4% 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.
1
citations taken to the federal commission · 1% of citations on record
- Settled 1 · 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 1 decided S&S contests · industry: 79%
10%
Penalty reduction in decided contests
$525 proposed, $470 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 2006-10-12.
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.
| Docket | Decision | Judge | Year | Proposed / upheld |
|---|---|---|---|---|
| WEVA 2007-20 | Settlement | Weisberger | 2007 | $525 → $470 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Brushy Fork shows 100% of 58 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: 2015-06-02, 11 years ago
ⓘ
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.100%
within 1.5 mg/m3
58
samples
0.71
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.55 samples taken by MSHA inspectors, 3 by the operator.
Most-sampled occupations
- BULLDOZER OPERATOR19
- BACKHOE OPERATOR12
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE12
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: 2015-06-02, 11 years ago
ⓘ
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.0%
over PEL
35
samples
Most-sampled occupations
- BULLDOZER OPERATOR11
- BACKHOE OPERATOR8
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE7
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 |
|---|---|---|
| 2015 | 100% | 8 |
| 2014 | 100% | 11 |
| 2013 | 100% | 2 |
| 2012 | 100% | 7 |
| 2011 | 100% | 6 |
| 2010 | 100% | 5 |
| 2009 | 100% | 1 |
| 2008 | 100% | 15 |
| 2006 | 100% | 3 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2015 | 0% | 6 |
| 2014 | 0% | 5 |
| 2013 | 0% | 4 |
| 2011 | 0% | 3 |
| 2010 | 0% | 5 |
| 2008 | 0% | 10 |
| 2006 | 0% | 2 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Brushy Fork recorded 18.48 reportable injury cases per 100 full-time workers in 2010.
Injury rate, 2010
ⓘ
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.18.48
total case rate
9.24
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In West Virginia, coal mining averaged 4.50 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 |
|---|---|---|---|
| 2010 * | 18.48 | 9.24 | 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.
Ownership history
- SCJL Company Leasing Corp. Inc. 2005 to 2008
- Hanover Resources, LLC 2008 to 2012
- Thoroughbred Highwall Mining LLC 2012 to 2018
- Brushy Fork Resources, LLC 2018 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) |
|---|---|---|
| 2018 | 2 | |
| 2016 | 2 | |
| 2015 | 8 | |
| 2014 | 10 | 7,180 |
| 2013 | 5 | |
| 2012 | 0 | |
| 2011 | 0 | |
| 2010 | 8 | 92,227 |
| 2009 | 26 | 246,421 |
| 2008 | 20 | 265,808 |
Source: MSHA quarterly employment and production, updated weekly.
Brushy Fork sits in Harrison County, West Virginia, where the Census mining category is 2.9% 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.Harrison County, West Virginia · Population 65,407
2.9%
Mining share of county employment
$58,326
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 |
|---|---|---|---|---|
| 2018 Q1 | 433 | 0 | 0 | 0.0 |
| 2016 Q4 | 0 | 0 | 0 | |
| 2016 Q3 | 480 | 0 | 0 | 0.0 |
| 2016 Q2 | 960 | 0 | 0 | 0.0 |
| 2016 Q1 | 960 | 0 | 0 | 0.0 |
| 2015 Q4 | 12 | 0 | 0 | 0.0 |
| 2015 Q3 | 4,960 | 0 | 0 | 0.0 |
| 2015 Q2 | 4,960 | 2 | 0 | 403.2 |
Show 23 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2015 Q1 | 4,960 | 0 | 0 | 0.0 |
| 2014 Q4 | 5,820 | 0 | 0 | 0.0 |
| 2014 Q3 | 4,560 | 1 | 1 | 219.3 |
| 2014 Q2 | 4,320 | 0 | 0 | 0.0 |
| 2013 Q4 | 400 | 2 | 2 | 5000.0 |
| 2012 Q2 | 0 | 0 | 0 | |
| 2012 Q1 | 0 | 0 | 0 | |
| 2011 Q4 | 0 | 0 | 0 | |
| 2011 Q3 | 0 | 0 | 0 | |
| 2011 Q2 | 0 | 0 | 0 | |
| 2011 Q1 | 0 | 9 | 6 | |
| 2010 Q4 | 10 | 0 | 0 | 0.0 |
| 2010 Q3 | 0 | 0 | 0 | |
| 2010 Q2 | 0 | 0 | 0 | |
| 2010 Q1 | 21,636 | 7 | 0 | 323.5 |
| 2009 Q4 | 6,536 | 0 | 0 | 0.0 |
| 2009 Q3 | 16,343 | 1 | 0 | 61.2 |
| 2009 Q2 | 11,793 | 4 | 0 | 339.2 |
| 2009 Q1 | 16,829 | 0 | 0 | 0.0 |
| 2008 Q4 | 13,599 | 0 | 0 | 0.0 |
| 2008 Q3 | 10,517 | 0 | 0 | 0.0 |
| 2008 Q2 | 9,927 | 11 | 0 | 1108.1 |
| 2008 Q1 | 10,618 | 8 | 5 | 753.4 |
No fatalities recorded at this mine.
Reportable incidents
4 on file2013 · 1 incident
2010 · 3 incidents
October 15, 2010
WV · Coal
bulldozer operator, universal operator, heavy equipment operator, operating engineer
HANDTOOLS (NONPOWERED)
Hanover Resources, LLC · Caught in, under or between a moving and a stationary object
Employee was removing a bearing with a wedge when he mashed his finger between the hammer and bearing.
Hanover Resources, LLC · (Not Elsewhere Classified)
Employee suffered a fatal heart attack while sitting in a chair in the security office. It is believed that the heart attack occured shortly after he began his security shift. He was alone at the time of his death. He was not involved in the mining process. He only provided weekend security coverage at the site.
January 21, 2010
WV · Coal
haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver
SLIP OR FALL OF PERSON
Hanover Resources, LLC · Fall from machine
EE was doing engine oil change on D10 dozer while he was coming down off machine instead of coming down the approved 3 point of contact method he stepped down front words not using the hand rails and fell hurting his right arm.