Mining Incidents

MINE 78 PREPARATION PLANT: 205 MSHA citations Coal

Controlled by J Clifford Forrest III
Windber, PA, Somerset County, PA  ·  Active
MSHA Mine ID: 3609525

MINE 78 PREPARATION PLANT has $43K in proposed MSHA penalties and $100 outstanding across 12 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
7
Years on record
2008–2020
Latest incident
Feb 2020
Compliance record
MSHA citations since 2007
205
citations
51
significant & substantial
$43,253
proposed penalties
$38,143
paid to date
88% of proposed penalties paid to date, a $5,110 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
74
inspections on record
2,935
inspection hours
7.0
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.
205 citations across 2,935 inspection hours.
Source: MSHA inspections data, updated weekly.

MINE 78 PREPARATION PLANT has $43K in proposed MSHA penalties and $100 outstanding across 12 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.
$43K
proposed penalties
$38K
current assessed
$38K
paid to date
$100
outstanding
205 assessments are final orders; 12 contested dockets.
Of $10K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2026-04-20.
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.
24.9%
significant & substantial
4.4%
high negligence or reckless
24.4%
reasonably likely or greater
41.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 40.0% low, 55.6% moderate, 4.4% 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.
19 citations taken to the federal commission · 9% of citations on record
  • Settled 18 · 95%
  • Stood as issued 1 · 5%
68%
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 19 decided S&S contests · industry: 79%
52%
Penalty reduction in decided contests
$10K proposed, $5K 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 2018-05-17.
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
PENN 2015-0156 Settlement Lewis 2015 $2K → $425
PENN 2009-159 Settlement Lesnick 2010 $1K → $463
PENN 2013-58 Settlement Lewis 2013 $1K → $842
PENN 2015-0157 Settlement Lewis 2015 $877 → $701
PENN 2010-495 Settlement Harner 2012 $864 → $505
PENN 2011-101 Settlement Harner 2012 $761 → $227
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at MINE 78 PREPARATION PLANT shows 98% of 351 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: 2026-06-09
98%
within 1.5 mg/m3
351
samples
2.23
dust max (mg/m3)
2
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.
205 samples taken by MSHA inspectors, 146 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR162
  • UTILITY MAN86
  • HIGHLIFT OPERATOR/FRONT END LOADER43

Silica (quartz)

Last sampled: 2026-04-23
0.9
silica avg (%)
35
samples
2.9
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR18
  • UTILITY MAN17

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: 2026-04-14
4%
over PEL
113
samples
Most-sampled occupations
  • UTILITY MAN26
  • BULLDOZER OPERATOR25
  • HIGHLIFT OPERATOR/FRONT END LOADER23
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% 5
2025 100% 29
2024 100% 19
2023 100% 20
2022 100% 25
2021 100% 21
2020 100% 24
2019 97% 36
2018 94% 33
2017 100% 22
2016 100% 11
2015 100% 19
2014 94% 17
2013 80% 10
2012 100% 5
2011 100% 17
2010 100% 22
2009 100% 10
2008 100% 6
Silica (quartz) by year
Year silica avg (%) samples
2026 0.5 1
2025 2
2024 1.1 3
2023 1.1 2
2022 1.1 2
2021 1.5 3
2020 0.7 3
2019 0.8 6
2018 1.6 2
2017 0.9 1
2016 1.5 1
2015 0.7 1
2014 0.4 2
2013 0.2 2
2012 0.2 1
2011 0.2 1
2010 0.5 2
Noise by year
Year over PEL samples
2026 0% 4
2025 0% 20
2024 0% 8
2023 0% 7
2022 0% 5
2021 0% 5
2020 0% 5
2019 0% 7
2018 40% 5
2017 20% 5
2015 20% 5
2014 0% 10
2013 0% 5
2011 0% 5
2010 0% 10
2009 0% 4
2008 33% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

MINE 78 PREPARATION PLANT recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In Pennsylvania, coal mining averaged 2.63 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 * 0.00 0.00 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2020 * 4.65 4.65 0.000
2019 * 0.00 0.00 0.000
2018 * 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. Rosebud Mining Company 2007 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 5
2025 17
2024 18
2023 18
2022 16
2021 19
2020 21
2019 24
2018 22
2017 20
2016 18
2015 16
2014 20
2013 24
2012 26
2011 28
2010 28
2009 15
2008 26
2007 6
Source: MSHA quarterly employment and production, updated weekly.

MINE 78 PREPARATION PLANT sits in Somerset County, Pennsylvania, where the Census mining category is 1.6% 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.
Somerset County, Pennsylvania · Population 73,255
1.6%
Mining share of county employment
$59,378
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 2,205 2 0 907.0
2026 Q1 4,481 0 0 0.0
2025 Q4 6,410 0 0 0.0
2025 Q3 8,345 2 0 239.7
2025 Q2 8,651 0 0 0.0
2025 Q1 6,976 4 0 573.4
2024 Q4 7,023 0 0 0.0
2024 Q3 7,370 4 0 542.7
Show 69 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 7,064 0 0 0.0
2024 Q1 7,164 7 0 977.1
2023 Q4 6,836 0 0 0.0
2023 Q3 7,130 7 0 981.8
2023 Q2 7,967 1 0 125.5
2023 Q1 7,859 14 2 1781.4
2022 Q4 7,628 0 0 0.0
2022 Q3 6,883 5 1 726.4
2022 Q2 7,394 0 0 0.0
2022 Q1 7,506 5 0 666.1
2021 Q4 7,893 0 0 0.0
2021 Q3 9,028 3 0 332.3
2021 Q2 9,350 0 0 0.0
2021 Q1 10,149 1 0 98.5
2020 Q4 9,909 0 0 0.0
2020 Q3 9,909 2 0 201.8
2020 Q2 10,058 0 0 0.0
2020 Q1 13,095 13 3 992.7
2019 Q4 11,558 0 0 0.0
2019 Q3 12,447 9 2 723.1
2019 Q2 12,610 0 0 0.0
2019 Q1 13,326 4 0 300.2
2018 Q4 13,005 0 0 0.0
2018 Q3 13,712 0 0 0.0
2018 Q2 12,334 1 0 81.1
2018 Q1 13,324 3 0 225.2
2017 Q4 9,725 0 0 0.0
2017 Q3 11,371 0 0 0.0
2017 Q2 11,799 0 0 0.0
2017 Q1 10,119 8 2 790.6
2016 Q4 11,013 0 0 0.0
2016 Q3 7,910 0 0 0.0
2016 Q2 8,092 1 1 123.6
2016 Q1 7,893 1 0 126.7
2015 Q4 8,726 1 0 114.6
2015 Q3 9,511 1 1 105.1
2015 Q2 7,984 11 2 1377.8
2015 Q1 7,272 0 0 0.0
2014 Q4 9,332 8 5 857.3
2014 Q3 10,296 6 2 582.8
2014 Q2 9,773 2 0 204.6
2014 Q1 9,692 0 0 0.0
2013 Q4 9,657 1 0 103.6
2013 Q3 12,820 0 0 0.0
2013 Q2 4,458 2 1 448.6
2013 Q1 14,175 0 0 0.0
2012 Q4 10,456 0 0 0.0
2012 Q3 12,513 3 1 239.8
2012 Q2 12,902 0 0 0.0
2012 Q1 4,074 0 0 0.0
2011 Q4 12,122 3 0 247.5
2011 Q3 12,629 0 0 0.0
2011 Q2 12,819 4 1 312.0
2011 Q1 13,082 0 0 0.0
2010 Q4 12,242 3 0 245.1
2010 Q3 13,049 3 0 229.9
2010 Q2 13,516 0 0 0.0
2010 Q1 13,294 6 5 451.3
2009 Q4 12,054 0 0 0.0
2009 Q3 9,188 5 3 544.2
2009 Q2 4,573 0 0 0.0
2009 Q1 3,110 0 0 0.0
2008 Q4 15,705 0 0 0.0
2008 Q3 17,376 3 3 172.7
2008 Q2 15,664 3 0 191.5
2008 Q1 9,502 3 1 315.7
2007 Q4 3,500 0 0 0.0
2007 Q3 3,913 2 0 511.1
2007 Q2 2,650 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

7 on file

2020 · 1 incident

February 3, 2020 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Rosebud Mining Company · Struck by... (Not Elsewhere Classified)

Employee was cleaning a chute on the stacker belt when coal broke loose and the rock bar struck face. This resulted in concussion-like symptoms and a lost time accident.

2017 · 1 incident

May 8, 2017 PA · Coal utility man, shift tech, service/dump truck operator HANDLING OF MATERIALS
Rosebud Mining Company · Caught in, under or between a moving and a stationary object

While working on a pump, rotating pulley to remove impeller. Victim got thumb got between pulley and drive belts. Laceration required 11 stitches.

2013 · 1 incident

December 12, 2013 PA · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Rosebud Mining Company · Over-exertion in pulling or pushing objects

While lifting a pipe with a chain block a strap broke, which caused EE a strain in his shoulder. EE never reported it till 1/29/14. He went to the doctor on 1/31/14 and reported back to work as lite duty. We had no lite duty work so EE was sent home on 2/3/14 pending further evaluation. Contacted us on 2/20/14 - he will have surgery & will be off longer.

2009 · 1 incident

September 23, 2009 PA · Coal pumper SLIP OR FALL OF PERSON
Rosebud Mining Company · Fall from machine

This was a no lost time accident-there was done for a few months. The was decided to do surgery to repair torn ligament's. The first day missed due to accident was 4/16/10 for surgery

2008 · 3 incidents

September 9, 2008 PA · Coal pumper SLIP OR FALL OF PERSON
Rosebud Mining Company · Fall to lower level, (Not Elsewhere Classified)

Employee entered dangered off area, under construction on the 3rd floor of the plant. He was looking up and fell in a hole cut for mag seperator being installed.

February 21, 2008 PA · Coal welder (shop) HANDTOOLS (NONPOWERED)
Rosebud Mining Company · Struck by... (Not Elsewhere Classified)

As individual was cutting a hole in a piece of conveyor belt, the utility knife he was using slipped and cut his right knee which required three stitches.