Mining Incidents

Pete's Branch Surface Mine: 158 MSHA citations Coal

Gilbert, Mingo County, WV  ·  NonProducing
MSHA Mine ID: 4607695

Pete's Branch Surface Mine has $69K in proposed MSHA penalties and $13K outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
1990–2012
Latest incident
Feb 2012
Compliance record
MSHA citations since 2008
158
citations
44
significant & substantial
$69,130
proposed penalties
$49,021
paid to date
71% of proposed penalties paid to date, a $20,109 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
38
inspections on record
1,731
inspection hours
9.1
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.
158 citations across 1,731 inspection hours.
Source: MSHA inspections data, updated weekly.

Pete's Branch Surface Mine has $69K in proposed MSHA penalties and $13K outstanding across 6 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.
$69K
proposed penalties
$62K
current assessed
$49K
paid to date
$13K
outstanding
153 assessments are final orders; 6 contested dockets.
Of $20K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2025-05-20.
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.
28.8%
significant & substantial
0.7%
high negligence or reckless
30.1%
reasonably likely or greater
27.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 53.6% low, 45.8% moderate, 0.7% 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.
16 citations taken to the federal commission · 10% of citations on record
  • Settled 16 · 100%
67%
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 15 decided S&S contests · industry: 79%
35%
Penalty reduction in decided contests
$20K proposed, $13K 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 2023-0429 Settlement Bulluck 2023 $9K → $7K
WEVA 2024-0095 Settlement 2024 $5K → $3K
WEVA 2024-0029 Settlement 2024 $3K → $1K
WEVA 2012-1301 Settlement Simonton 2013 $3K → $2K
WEVA 2025-0332 Settlement Simonton 2025 $504 → $151
WEVA 2013-586 Settlement Rae 2013 $334 → $334
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Pete's Branch Surface Mine shows 100% of 137 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: 2025-05-29
100%
within 1.5 mg/m3
137
samples
1.20
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.
84 samples taken by MSHA inspectors, 53 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR56
  • HIGHWALL DRILL OPERATOR43
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE20

Silica (quartz)

Last sampled: 2024-07-30
13.9
silica avg (%)
8
samples
26.2
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR4
  • HIGHWALL DRILL 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: 2025-05-22
0%
over PEL
34
samples
Most-sampled occupations
  • BULLDOZER OPERATOR14
  • HIGHWALL DRILL OPERATOR7
  • HIGHLIFT OPERATOR/FRONT END LOADER6
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
2025 100% 7
2024 100% 23
2023 100% 34
2022 100% 21
2021 100% 7
2013 100% 5
2012 100% 10
2011 100% 5
2010 100% 10
2009 100% 15
Silica (quartz) by year
Year silica avg (%) samples
2024 1.5 1
2023 13.9 6
2022 26.2 1
Noise by year
Year over PEL samples
2025 0% 2
2023 0% 10
2021 0% 3
2012 0% 5
2010 0% 5
2009 0% 4
2008 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Pete's Branch Surface Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2024.

Injury rate, 2024
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 3.16 and the all-US-mining average was 2.08 cases per 100 workers.
In West Virginia, coal mining averaged 3.51 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
2024 * 0.00 0.00 0.000
2023 0.00 0.00 0.000
2022 0.00 0.00 0.000
2012 * 8.74 4.37 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 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. Donnaway Coal Inc 1989 to 2008
  2. Hampden Coal Company LLC 2008 to 2008
  3. Chafin Branch Coal Co LLC 2008 to 2014
  4. Chafin Branch Coal Co LLC 2014 to 2021
  5. 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 1 11,364
2025 4 14,645
2024 27 199,568
2023 40 233,039
2022 43 196,223
2021 10 27,701
2020 0
2019 0
2017 3
2016 0
2015 2
2014 3
2013 9 42,820
2012 24 141,227
2011 33 281,737
2010 23 249,887
2009 16 164,409
2008 9 16,432
Source: MSHA quarterly employment and production, updated weekly.

Pete'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 727 0 0 0.0
2026 Q1 694 0 0 0.0
2025 Q4 685 0 0 0.0
2025 Q3 699 0 0 0.0
2025 Q2 1,714 1 0 583.4
2025 Q1 5,183 5 1 964.7
2024 Q4 10,759 2 0 185.9
2024 Q3 12,694 4 0 315.1
Show 55 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 25,666 0 0 0.0
2024 Q1 26,111 0 0 0.0
2023 Q4 27,925 13 6 465.5
2023 Q3 26,988 2 1 74.1
2023 Q2 27,986 14 3 500.3
2023 Q1 26,089 2 0 76.7
2022 Q4 27,238 2 0 73.4
2022 Q3 33,824 0 0 0.0
2022 Q2 24,494 16 4 653.2
2022 Q1 20,409 0 0 0.0
2021 Q4 10,400 4 0 384.6
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2017 Q2 2,636 14 1 5311.1
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 160 0 0 0.0
2015 Q4 1,010 0 0 0.0
2015 Q3 1,344 0 0 0.0
2015 Q2 1,033 0 0 0.0
2015 Q1 1,087 0 0 0.0
2014 Q4 1,407 0 0 0.0
2014 Q3 528 0 0 0.0
2014 Q2 1,510 0 0 0.0
2014 Q1 1,835 0 0 0.0
2013 Q4 1,382 2 1 1447.2
2013 Q3 2,670 0 0 0.0
2013 Q2 6,919 1 0 144.5
2013 Q1 6,672 4 3 599.5
2012 Q4 4,471 0 0 0.0
2012 Q3 3,672 0 0 0.0
2012 Q2 13,298 10 3 752.0
2012 Q1 24,335 1 0 41.1
2011 Q4 20,648 0 0 0.0
2011 Q3 20,090 0 0 0.0
2011 Q2 20,135 2 0 99.3
2011 Q1 17,853 0 0 0.0
2010 Q4 16,361 2 0 122.2
2010 Q3 17,078 0 0 0.0
2010 Q2 16,623 1 0 60.2
2010 Q1 12,939 0 0 0.0
2009 Q4 11,950 1 0 83.7
2009 Q3 7,800 0 0 0.0
2009 Q2 7,874 3 1 381.0
2009 Q1 7,799 0 0 0.0
2008 Q4 4,095 1 1 244.2
No fatalities recorded at this mine.

Reportable incidents

3 on file

2012 · 2 incidents

February 10, 2012 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Chafin Branch Coal Co LLC · Struck by... (Not Elsewhere Classified)

The EE was using a chain ratchet to pull bracket back in place. The ratchet chain slipped causing material to hit the side of the injured employee's face and eye.

January 25, 2012 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Chafin Branch Coal Co LLC · Over-exertion in pulling or pushing objects

removing brush from the coal haulage road @ curve 10,pulled a muscle in rib area of the body

1990 · 1 incident

May 11, 1990 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Donnaway Coal Inc · Fall from machine

SET JACOB BRAKE INSTEAD OF PARK BRAKE GOT OUT TO CLEAN SPILLAGE OFF OF TAIL GATE GOT BACK IN ENGINE DIED TRUCK RAM APPROX. 100 YDS DOWN GRADE OVER TURNED WHEN HIT HILL AND DITCH.