Mining Incidents

Burn Coal Inc Mine #1: 449 MSHA citations Coal

Burn Coal Inc · Underground
Controlled by Phillip E Burnside
Buckhannon, Upshur County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4608561

Burn Coal Inc Mine #1 has $97K in proposed MSHA penalties and $82K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
22
Years on record
1999–2006
Latest incident
Feb 2006
Compliance record
MSHA citations since 2000
449
citations
146
significant & substantial
$97,068
proposed penalties
$15,045
paid to date
15% of proposed penalties paid to date, a $82,023 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
92
inspections on record
3,019
inspection hours
14.9
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.
449 citations across 3,019 inspection hours.
Source: MSHA inspections data, updated weekly.

Burn Coal Inc Mine #1 has $97K in proposed MSHA penalties and $82K 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.
$97K
proposed penalties
$97K
current assessed
$15K
paid to date
$82K
outstanding
426 assessments are final orders; 2 contested dockets.
Of $1K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2005-12-20.
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.
33.5%
significant & substantial
12.2%
high negligence or reckless
33.3%
reasonably likely or greater
14.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.8% low, 86.0% moderate, 11.7% high, 0.5% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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
WEVA20010042 Default Barbour 2001 $1K → $1K
WEVA 2003-236 Settlement Melick 2004 $352 → $352
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Burn Coal Inc Mine #1 shows 88% of 463 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: 2005-11-02, 20 years ago
88%
within 1.5 mg/m3
463
samples
7.97
dust max (mg/m3)
206 samples taken by MSHA inspectors, 257 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR219
  • SHUTTLE CAR OPERATOR (OFF STANDARD)36
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)32

Silica (quartz)

Last sampled: 2005-05-23, 21 years ago
5.1
silica avg (%)
41
samples
11.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR22

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: 2005-09-09, 20 years ago
23%
over PEL
35
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)7
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)5
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
2005 88% 60
2004 83% 84
2003 86% 74
2002 89% 79
2001 88% 69
2000 91% 97
Silica (quartz) by year
Year silica avg (%) samples
2005 5.6 4
2004 4.7 6
2003 6.3 5
2002 5.0 7
2001 4.5 7
2000 5.1 12
Noise by year
Year over PEL samples
2005 0% 5
2004 22% 9
2003 20% 10
2001 33% 6
2000 40% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Burn Coal Inc Mine #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2005.

Injury rate, 2005
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 5.11 and the all-US-mining average was 4.21 cases per 100 workers.
In West Virginia, coal mining averaged 5.85 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
2005 * 0.00 0.00 0.000
2004 * 14.46 14.46 0.000
2003 * 4.26 4.26 0.000
2002 * 16.48 16.48 0.000
2001 * 4.70 4.70 0.000
2000 * 15.32 7.66 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. Burn Coal Inc 1996 to present
  2. Odyssey Energy, Inc. 2001 to 2005
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)
2006 0
2005 22 127,837
2004 20 117,099
2003 23 105,868
2002 12 30,768
2001 18 123,199
2000 12 99,305
Source: MSHA quarterly employment and production, updated weekly.

Burn Coal Inc Mine #1 sits in Upshur County, West Virginia, where the Census mining category is 5.1% 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.
Upshur County, West Virginia · Population 23,758
5.1%
Mining share of county employment
$51,859
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
2006 Q4 0 0 0
2006 Q3 0 0 0
2006 Q2 0 0 0
2006 Q1 0 0 0
2005 Q4 9,110 32 14 3512.6
2005 Q3 11,682 49 17 4194.5
2005 Q2 9,518 20 4 2101.3
2005 Q1 9,653 40 17 4143.8
Show 20 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2004 Q4 10,111 12 1 1186.8
2004 Q3 9,721 23 9 2366.0
2004 Q2 9,778 12 4 1227.2
2004 Q1 11,873 21 7 1768.7
2003 Q4 11,841 22 5 1858.0
2003 Q3 12,177 42 16 3449.1
2003 Q2 11,345 43 15 3790.2
2003 Q1 11,603 31 2 2671.7
2002 Q4 15,172 2 1 131.8
2002 Q3 1,560 23 13 14743.6
2002 Q2 3,758 7 1 1862.7
2002 Q1 3,775 19 7 5033.1
2001 Q4 18,524 12 2 647.8
2001 Q3 6,144 5 2 813.8
2001 Q2 9,765 11 5 1126.5
2001 Q1 8,117 6 1 739.2
2000 Q4 6,118 5 0 817.3
2000 Q3 6,326 0 0 0.0
2000 Q2 6,316 8 2 1266.6
2000 Q1 7,347 4 1 544.4
No fatalities recorded at this mine.

Reportable incidents

22 on file

2006 · 1 incident

February 1, 2006 WV · Coal FALL OF ROOF OR BACK
Burn Coal Inc · Accident type, without injuries

A roof fall was discovered during the weekly examinations in the primary intake escapeway 1 block outby Station No 105. The fall measures approximately 30' ling x 17' wide x 5' high. The fall will not be cleaned up. An alternate primary escapeway entry will be designated and properly identified with reflective indicators.

2005 · 3 incidents

November 5, 2005 WV · Coal FALL OF ROOF OR BACK
Odyssey Energy, Inc. · Accident type, without injuries

A roof fall occurred on the piller lise of the a-1 panel in the pinch out of the block 38. The contusion miner was covered op. Height of fall can not be determined

October 20, 2005 WV · Coal miner, prospector, nec OTHER
Odyssey Energy, Inc. · Unclassified, insufficient data

A customer came to the mine to get a load of house coal. After being loaded, he walked around the truck and fell over at the driver side door. A witness saw him laying on the ground and tried to assist him; another called 911.

May 24, 2005 WV · Coal FALL OF ROOF OR BACK
Odyssey Energy, Inc. · Accident type, without injuries

A ROOF FALL WAS FOUND AT 4:00PM BY A WEEKLY EXAMINE ON THE A RIGHT BREAKER ENTRY, E BLOCK, INBY SPAD HO622. THE FALL WAS 20' DEEP, 20' WIDE AND 7' HIGH. ROOF SUPPORT WAS 6' FULLY GROUTED RESIN BOLTS WITH 8" PLATES. DATE OF DEVELOPMENT WAS 12/30/02

2004 · 4 incidents

October 12, 2004 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Odyssey Energy, Inc. · Over-exertion (Not Elsewhere Classified)

EE WAS LIFTING HYD OIL CANS OFF OF THE LITTLE MAC. WHEN HE TWISTED, HE SPRAINED HIS LEFT KNEE.

September 8, 2004 WV · Coal FALL OF ROOF OR BACK
Odyssey Energy, Inc. · Accident type, without injuries

A ROOF FALL WAS FOUND IN THE INTAKE AIR COURSE BY THE WEEKLY EXAMINER ON 9/8/04. THE FALL WAS 80' LONG, 18' WIDE, 10' HIGH. ROOF SUPPORT IN THIS AREA WAS 5' FULLY GROUTED RESIN BOLTS. DATE OF DEVELOPMENT 10/13/2000.

March 31, 2004 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Odyssey Energy, Inc. · Caught in, under or between (Not Elsewhere Classified)

EE WAS PICKING UP A BUNDLE OF WOODEN WEDGES WHICH WAS PARTLY UNDER THE EDGE OF THE S/S SCOOP BUCKET. THE SCOOP BUCKET CAME DOWN AND SMASHED AND CUT HIS LEFT THUMB.

January 21, 2004 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Odyssey Energy, Inc. · Fall to the walkway or working surface

EE SLIPPED ON THE ICE, CUTTING HIS RIGHT FOREARM AT THE CONTROL TOWER.

2003 · 5 incidents

December 1, 2003 WV · Coal FALL OF ROOF OR BACK
Odyssey Energy, Inc. · Accident type, without injuries

A ROOF FALL WAS FOUND AT 1:00 AM ON 12-01-03, 1 BLOCK INBY SPAD #117 IN #6 ENTRY OF THE MAINS, # 6 ENTRY WAS AN IDLE ENTRY. THE FALL WAS 50' LONG 10' HIGH, 18' WIDE IN A 4 WAY INTERSECTION. TH E ROOF SUPPORT WAS 4 AND 5" FULLY GROUTED RESIN BOLTS. THE DATE OF DEVELOPMENT WAS 4-25-2000.

November 14, 2003 WV · Coal FALL OF ROOF OR BACK
Odyssey Energy, Inc. · Accident type, without injuries

A ROOF FALL OCCURRED ON 11-14-03 IN THE ROOMS FROM 3 RIGHT TO 4 RIGHT TO THE #6 ENTRY AT SPAD NO. 751. THE FALL WAS 40' LONG, 16' WIDE, 12' HIGH, IN A 4 WAY INTERSECTION. ROOF CONTROL USED WAS 6" FULLY GROUTED RESIN BOLTS WITH 2 ROWS OF POST. DATE OF DEVELOPMENT WAS OCT 24, 2003.

November 5, 2003 WV · Coal FALL OF ROOF OR BACK
Odyssey Energy, Inc. · Accident type, without injuries

AT 7:20 PM ON 11/5/03 A ROOF FALL WAS FOUND IN THE ROOMS FROM 3 RIGHT TO 4 RIGHT, 2 BLOCKS INBY SPAD# 743 IN #7 ENTRY. THE FALL WAS IN A 3-WAY INTERSECTION. BOLTED WITH 6'FULLY GROUTED RESIN BOLTS WITH STRAPS. THE FALL WAS 20'LONG, 16'WIDE, 10'HIGH. DATE OF DEVELOPMENT WAS OCT. 15, 2003.

September 12, 2003 WV · Coal INUNDATION
Odyssey Energy, Inc. · Accident type, without injuries

ON THE 3 RIGHT SECTION, TO THE ROOMS TO THE RIGHT, WE CUT INTO A 36" AUGER HOLE THAT WAS NOT ON THE MAPS, 92' INBY SPAD NO. 730.

February 28, 2003 WV · Coal electrician, lineman HANDLING OF MATERIALS
Odyssey Energy, Inc. · Over-exertion in lifting objects

EE WAS HELPING ON A POWER MOVE, WHILE HANGING THE MINER CABLE HE PULLED A MUSCLE IN HIS LOWER BACK.

2002 · 5 incidents

December 27, 2002 WV · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Odyssey Energy, Inc. · Over-exertion in lifting objects

EE WAS SHOVELING A GOB OUT, AT #4 BELT HEAD. HE PULLED A MUSCLE IN HIS LOWER BACK.

December 10, 2002 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Odyssey Energy, Inc. · Over-exertion (Not Elsewhere Classified)

EE WAS SETTING A SCREW ON THE SURFACE AT ODYSSEY ENERGY MINE #1. AS HE WAS STEPPING DOWN FROM UNHOOKING THE CABLES OFF THE SCREEN HE TWISTED HIS LEFT KNEE.

August 22, 2002 WV · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Odyssey Energy, Inc. · Struck against a moving object

EE WAS OPERATING A JOY SHUTTLE CAR. WHEN HE HIT A HOLE IN THE HAUL ROAD HE JAMMED HIS HEAD AND SHOULDER INTO THE CANOPY.

June 24, 2002 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Odyssey Energy, Inc. · Over-exertion in lifting objects

EE WAS UNLOADING POST FROM SCOOP BUCKET WHEN HE PULLED HIS BACK. HE FIRST WENT TO THE DR ON 7-26-02. EE WAS NOT INFORMED OF ACCIDENT UNTIL 8-5-02.

January 4, 2002 WV · Coal mine manager, mine foreman, mine owner MACHINERY
Odyssey Energy, Inc. · Struck by flying object

FILED FOR COMPLIANCE ONLY. ISLAND FORK CONSTRUCTION WAS NOT AWARE OF ANY INJURY UNTIL 7-12-02. FOREIGN BODY TO EYE. PIECE OF DIRT.

2001 · 1 incident

February 12, 2001 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Burn Coal Inc · Fall to the walkway or working surface

EMPLOYEE WAS IN A SLIGHTLY BENT-OVER POSITION WALKING, WHEN HE TRIPPED ON THE MINER CABLE AND FELL TO THE MINE FLOOR ONTO HIS KNEES AND HANDS. EE CLAIMS HE TWISTED HIS RIGHT KNEE, RESULTING IN DISCOMFORT AND SORENESS. EE WORKED THE REMAINING FOUR HOURS OF HIS SHIFT.

2000 · 2 incidents

October 16, 2000 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Burn Coal Inc · Struck by... (Not Elsewhere Classified)

THE EE WAS INA SLIGHTLY BENT-OVER POSITION, REACHED IN AND PULLED UP ON THE BOOM SWING LEVER TO SWING BOOM OUTWARDS TOWARD THE RIB. IN DOING SO, A SHORT DRILL STEEL FELL FROM THE TRAY, WENT IN UNDER THE LEVER, PREVENTING THE LEVER TO SELF CENTER, THE BOOM KEPT SWINGING AND CAUGHT THE EE BETWEEN THE CANOPY AND COAL RIB, RESULTING IN CONTUSION, SPRAIN/STRAIN TO LEFT RIB CAGE AND MID

June 13, 2000 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Burn Coal Inc · Struck by... (Not Elsewhere Classified)

THE EE WAS IN A STANDING POSITION, REACHING FOR A 6" X 6" ROOF PLATE WHEN HIS LEFT INDEX FINGER CAME IN CONTACT WITH A SHARP EDGE ON THE ROOF PLATE RESULTING IN A LACERATION TO THE KNUCKLE ARE A.

1999 · 1 incident

November 26, 1999 WV · Coal FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Burn Coal Inc · Accident type, without injuries

ON 11/26/99, HEAVY RAIN SATURATED THE HIGHWALL RESULTING IN A DISLODGEMENT OF MATERIAL APPROX 10'HIGH, 8'DEEP, 25'WIDE, FALLING APPROX 35 TO 40 FEET, COMING IN CONTACT WITH THE #2 ENTRY CANOPY WHICH RESULTED IN A PARTIAL COLLAPSE OF THE CANOPY. NO EQUIPMENT OR PEOPLE WERE INVOLVED IN THIS INCIDENT. THE MINE WAS IDLE DURING THIS OCCURRENCE.