Mining Incidents

Harry's Branch Surface Mine: 98 MSHA citations Coal

Gilbert, Mingo County, WV  ·  Active
MSHA Mine ID: 4609651

Harry's Branch Surface Mine has $117K in proposed MSHA penalties and $85K 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
2025–2026
Latest incident
Feb 2026
Compliance record
MSHA citations since 2024
98
citations
35
significant & substantial
$117,473
proposed penalties
$31,945
paid to date
27% of proposed penalties paid to date, a $85,528 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2024
14
inspections on record
668
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: 668 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Harry's Branch Surface Mine has $117K in proposed MSHA penalties and $85K 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.
$117K
proposed penalties
$117K
current assessed
$32K
paid to date
$85K
outstanding
94 assessments are final orders; 1 contested dockets.
Of $2K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2026-04-28.
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.
36.5%
significant & substantial
4.2%
high negligence or reckless
36.5%
reasonably likely or greater
26.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 49.0% low, 46.9% moderate, 4.2% 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.
4 citations taken to the federal commission · 4% of citations on record
  • Settled 4 · 100%
75%
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 4 decided S&S contests · industry: 79%
34%
Penalty reduction in decided contests
$2K proposed, $1K 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 2025-04-30.
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 2025-0335 Settlement Simonton 2025 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Harry's Branch Surface Mine 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: 2026-06-12
100%
within 1.5 mg/m3
58
samples
0.49
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.
30 samples taken by MSHA inspectors, 28 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR23
  • HIGHWALL DRILL OPERATOR23
  • HIGHLIFT OPERATOR/FRONT END LOADER5

Silica (quartz)

Last sampled: 2026-02-10
16.2
silica avg (%)
4
samples
25.5
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR3
  • HIGHWALL DRILL OPERATOR1

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: 2026-02-05
0%
over PEL
13
samples
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • HIGHWALL DRILL OPERATOR4
  • HIGHLIFT OPERATOR/FRONT END LOADER2
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% 22
2025 100% 27
2024 100% 9
Silica (quartz) by year
Year silica avg (%) samples
2026 16.5 1
2025 25.5 1
2024 11.4 2
Noise by year
Year over PEL samples
2026 0% 5
2025 0% 8
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Harry's Branch Surface Mine recorded 6.49 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.
6.49
total case rate
6.49
days-away rate
0.000
fatality rate
Above 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.
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
2025 * 6.49 6.49 0.000
2024 * 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. Reflectance Energy LLC 2023 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 20 45,711
2025 21 112,414
2024 9 19,567
2023 0
Source: MSHA quarterly employment and production, updated weekly.

Harry's Branch Surface Mine sits in Mingo County, West Virginia, where the Census mining category is 15.0% 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.
Mingo County, West Virginia · Population 22,979
15.0%
Mining share of county employment
$39,527
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 13,541 10 2 738.5
2026 Q1 13,376 4 3 299.0
2025 Q4 13,497 1 0 74.1
2025 Q3 14,318 8 2 558.7
2025 Q2 15,836 1 0 63.1
2025 Q1 17,977 8 4 445.0
2024 Q4 15,246 17 6 1115.0
2024 Q3 7,882 0 0 0.0
Show 5 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 0 0 0
2024 Q1 0 1 1
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2026 · 1 incident

February 20, 2026 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Reflectance Energy LLC · Struck by falling object

Rocks fell off a highwall striking rock truck. The employee suffered a contusion on their left upper thigh. Received medical reports to make the determination on 3/2/2026.

2025 · 3 incidents

September 30, 2025 WV · Coal drill operator MACHINERY
Reflectance Energy LLC · Caught in, under or between a moving and a stationary object

Accident happened 9/30/25. employee was attempting to put a drill steel back into the carousel of a hammer drill. The drill steel shifted, pinching the miner's hand between the steel and the clamp on the drill. The employee did not miss work until EE had to have surgery 10/27/25. EE is off work until doctor releases EE.

September 30, 2025 WV · Coal drill operator MACHINERY
Reflectance Energy LLC · Caught in, under or between a moving and a stationary object

Employee was attempting to put a drill steel back into the carousel of a hammer drill. the drill steel shift pinching the miner's hand between the steel and the clamp on the drill.

February 2, 2025 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Reflectance Energy LLC · Struck by powered moving object

Two employees from Lester's Steam Cleaning were steam cleaning their steam truck at the guard shack at the end of their shift. EE 2 by drivers' side door, EE 1 behind the truck at back bumper. EE 3 in a different steam truck, backed up to let traffic by coming off the hill and backed into other truck pinching EE 1 between the trucks.