Mining Incidents

Ned's Branch Surface Mine: 128 MSHA citations Coal

Gilbert, Mingo County, WV  ·  Active
MSHA Mine ID: 4609616

Ned's Branch Surface Mine has $60K in proposed MSHA penalties and $29K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2022–2026
Latest incident
Jul 2026
Compliance record
MSHA citations since 2022
128
citations
42
significant & substantial
$59,661
proposed penalties
$30,749
paid to date
52% of proposed penalties paid to date, a $28,912 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2022
19
inspections on record
1,155
inspection hours
11.1
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.
128 citations across 1,155 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2024-07-24.
On record since 2024.
Source: MSHA imminent-danger order records, updated weekly.

Ned's Branch Surface Mine has $60K in proposed MSHA penalties and $29K 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.
$60K
proposed penalties
$59K
current assessed
$31K
paid to date
$29K
outstanding
121 assessments are final orders; 2 contested dockets.
Of $4K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2026-06-25.
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.
34.4%
significant & substantial
0.8%
high negligence or reckless
34.4%
reasonably likely or greater
23.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 70.5% low, 28.7% moderate, 0.8% 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 · 3% of citations on record
  • Settled 3 · 75%
  • Vacated or withdrawn 1 · 25%
50%
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 2 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$4K proposed, $2K 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 2023-0423 Settlement Lewis 2024 $4K → $2K
WEVA 2025-0334 Settlement Simonton 2025 $592 → $267
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Ned's Branch Surface Mine shows 100% of 111 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: 2026-06-10
100%
within 1.5 mg/m3
111
samples
0.39
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.
46 samples taken by MSHA inspectors, 65 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR51
  • BULLDOZER OPERATOR44
  • HIGHLIFT OPERATOR/FRONT END LOADER8

Silica (quartz)

Last sampled: 2026-02-26
24.1
silica avg (%)
4
samples
40.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR4

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: 2026-02-19
0%
over PEL
20
samples
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • HIGHWALL DRILL OPERATOR6
  • HIGHLIFT OPERATOR/FRONT END LOADER4
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% 13
2025 100% 22
2024 100% 39
2023 100% 33
2022 100% 4
Silica (quartz) by year
Year silica avg (%) samples
2026 19.7 1
2025 24.5 1
2024 40.3 1
2023 11.9 1
Noise by year
Year over PEL samples
2026 0% 5
2024 0% 10
2023 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Ned's Branch Surface Mine 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 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 * 0.00 0.00 0.000
2024 1.80 1.80 0.000
2023 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 2021 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 21 50,868
2025 20 173,824
2024 43 322,319
2023 54 425,469
2022 17 5,237
Source: MSHA quarterly employment and production, updated weekly.

Ned'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 1 0 73.8
2026 Q1 11,447 4 1 349.4
2025 Q4 12,351 0 0 0.0
2025 Q3 12,606 5 0 396.6
2025 Q2 12,712 1 0 78.7
2025 Q1 13,460 5 1 371.5
2024 Q4 13,726 15 8 1092.8
2024 Q3 24,990 14 5 560.2
Show 8 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 30,888 2 1 64.8
2024 Q1 41,632 7 2 168.1
2023 Q4 40,526 2 0 49.4
2023 Q3 39,414 0 0 0.0
2023 Q2 37,569 6 1 159.7
2023 Q1 29,532 0 0 0.0
2022 Q4 15,255 3 0 196.7
2022 Q3 2,843 2 0 703.5
No fatalities recorded at this mine.

Reportable incidents

3 on file

2026 · 1 incident

July 13, 2026 WV · Coal rotary bucket excavator operator HANDLING OF MATERIALS
Reflectance Energy LLC · Over-exertion in pulling or pushing objects

The employee was mounting an excavator when they felt something in their right shoulder pop. The employee stated that they did not slip, fall, or do anything out of the ordinary to cause an injury. The employee's shoulder was found to be dislocated and put back into place at the ER.

2024 · 1 incident

September 11, 2024 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Reflectance Energy LLC · Struck against a moving object

Operator was driving 785 rock truck and was dumping out a large rock, the rock shifted while dumping causing the truck to jar the truck.

2022 · 1 incident

August 23, 2022 WV · Coal FIRE
Reflectance Energy LLC · Accident type, without injuries

Excavator was feeding a burn pile on a clearing operation and got to close to pile igniting the rear of the excavator machine was a total loss no persons injured.