Mining Incidents

Piney Branch Surface Mine: 145 MSHA citations Coal

Clintwood JOD, LLC · Surface
Controlled by JOD Holdings LLC
Hurley, Va., Buchanan County, VA  ·  NonProducing
MSHA Mine ID: 4407285

Piney Branch Surface Mine has $198K in proposed MSHA penalties and $2K outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2013–2021
Latest incident
Dec 2021
Compliance record
MSHA citations since 2012
145
citations
55
significant & substantial
$198,017
proposed penalties
$125,975
paid to date
64% of proposed penalties paid to date, a $72,042 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2012
45
inspections on record
1,778
inspection hours
8.2
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.
145 citations across 1,778 inspection hours.
Source: MSHA inspections data, updated weekly.

Piney Branch Surface Mine has $198K in proposed MSHA penalties and $2K outstanding across 9 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.
$198K
proposed penalties
$128K
current assessed
$126K
paid to date
$2K
outstanding
144 assessments are final orders; 9 contested dockets.
Of $164K in penalties contested before the Commission, $94K was upheld in final decisions.
As of the most recent assessment on 2023-03-20.
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.
38.2%
significant & substantial
1.4%
high negligence or reckless
38.2%
reasonably likely or greater
11.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 19.4% low, 79.2% moderate, 1.4% 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.
30 citations taken to the federal commission · 21% of citations on record
  • Settled 23 · 77%
  • Stood as issued 7 · 23%
100%
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%
43%
Penalty reduction in decided contests
$164K proposed, $94K 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 2017-11-14.
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
VA 2014-0306 Settlement Feldman 2015 $65K → $3K
VA 2014-0307 Settlement Feldman 2015 $62K → $62K
VA 2018-0023 Settlement McCarthy 2018 $22K → $15K
VA 2014-0267 Settlement Feldman 2015 $5K → $5K
VA 2016-0178 Settlement Steele 2016 $4K → $4K
VA 2014-0224 Settlement Feldman 2015 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Piney Branch Surface Mine shows 99% of 184 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: 2022-12-27, 3 years ago
99%
within 1.5 mg/m3
184
samples
1.73
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.
107 samples taken by MSHA inspectors, 77 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR83
  • HIGHWALL DRILL OPERATOR49
  • HIGHLIFT OPERATOR/FRONT END LOADER26

Silica (quartz)

Last sampled: 2022-08-25, 4 years ago
18.2
silica avg (%)
14
samples
47.3
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR8
  • BULLDOZER OPERATOR6

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: 2021-11-23, 4 years ago
0%
over PEL
83
samples
Most-sampled occupations
  • BULLDOZER OPERATOR29
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE17
  • HIGHLIFT OPERATOR/FRONT END LOADER16
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
2022 100% 3
2021 93% 14
2020 100% 10
2019 100% 16
2018 100% 16
2017 100% 37
2016 100% 30
2015 100% 23
2014 100% 14
2013 100% 16
2012 100% 5
Silica (quartz) by year
Year silica avg (%) samples
2022 1.6 1
2021 18.4 2
2018 31.1 1
2017 14.1 5
2016 16.3 2
2015 18.9 1
2014 31.9 2
Noise by year
Year over PEL samples
2021 0% 6
2020 0% 3
2019 0% 5
2018 0% 6
2017 0% 19
2016 0% 10
2015 0% 5
2014 0% 9
2013 0% 15
2012 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Piney Branch Surface Mine recorded 9.38 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
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.
9.38
total case rate
9.38
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
In Virginia, coal mining averaged 2.65 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
2019 * 9.38 9.38 0.000
2018 * 0.00 0.00 0.000
2017 * 2.95 2.95 0.000
2016 * 2.22 2.22 0.000
2015 * 2.74 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 6.87 6.87 0.000
2012 * 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. Apex Energy, Inc. 2011 to 2019
  2. Clintwood JOD, LLC 2019 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 0
2025 0
2024 1
2023 1
2022 2
2021 3
2020 3 1,055
2019 10 17,336
2018 17 55,514
2017 26 148,304
2016 41 274,236
2015 39 294,174
2014 25 229,591
2013 22 155,439
2012 10 61,362
2011 2
Source: MSHA quarterly employment and production, updated weekly.

Piney Branch Surface Mine sits in Buchanan County, Virginia, where the Census mining category is 11.2% 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.
Buchanan County, Virginia · Population 19,857
11.2%
Mining share of county employment
$42,216
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 0 0 0
2026 Q1 0 0 0
2025 Q4 0 0 0
2025 Q3 0 0 0
2025 Q2 0 0 0
2025 Q1 20 0 0 0.0
2024 Q4 500 0 0 0.0
2024 Q3 20 0 0 0.0
Show 51 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 0 0 0
2024 Q1 530 0 0 0.0
2023 Q4 310 0 0 0.0
2023 Q3 450 0 0 0.0
2023 Q2 390 0 0 0.0
2023 Q1 510 1 1 1960.8
2022 Q4 1,360 0 0 0.0
2022 Q3 1,280 0 0 0.0
2022 Q2 278 1 0 3597.1
2022 Q1 993 0 0 0.0
2021 Q4 4,015 3 0 747.2
2021 Q3 3,868 0 0 0.0
2021 Q2 3,589 2 0 557.3
2021 Q1 2,820 2 1 709.2
2020 Q4 2,917 0 0 0.0
2020 Q3 2,567 0 0 0.0
2020 Q2 3,051 1 0 327.8
2020 Q1 3,142 0 0 0.0
2019 Q4 1,529 0 0 0.0
2019 Q3 5,521 0 0 0.0
2019 Q2 10,252 4 0 390.2
2019 Q1 4,017 3 2 746.8
2018 Q4 3,850 1 0 259.7
2018 Q3 10,184 3 1 294.6
2018 Q2 15,796 0 0 0.0
2018 Q1 14,208 0 0 0.0
2017 Q4 16,209 1 0 61.7
2017 Q3 17,013 10 6 587.8
2017 Q2 16,023 2 0 124.8
2017 Q1 18,523 14 2 755.8
2016 Q4 24,108 0 0 0.0
2016 Q3 24,727 17 6 687.5
2016 Q2 19,449 0 0 0.0
2016 Q1 21,934 12 2 547.1
2015 Q4 15,950 0 0 0.0
2015 Q3 17,447 8 1 458.5
2015 Q2 22,932 0 0 0.0
2015 Q1 16,712 0 0 0.0
2014 Q4 18,429 8 0 434.1
2014 Q3 15,491 0 0 0.0
2014 Q2 18,205 4 3 219.7
2014 Q1 14,739 0 0 0.0
2013 Q4 17,756 8 6 450.6
2013 Q3 14,913 1 0 67.1
2013 Q2 15,376 2 1 130.1
2013 Q1 10,176 1 1 98.3
2012 Q4 9,630 0 0 0.0
2012 Q3 7,498 4 1 533.5
2012 Q2 7,107 0 0 0.0
2012 Q1 1,196 4 2 3344.5
2011 Q4 1,208 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2021 · 1 incident

December 4, 2021 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Clintwood JOD, LLC · Over-exertion (Not Elsewhere Classified)

Employee was dismounting equipment when they stepped onto ground they slipped and felt a sharp pain in groin area. ****NOTE: EMPLOYEE WORKED THE NEXT SHIFT 12/06/2021 TOLD SUPERVISOR ON THAT DAY ABOUT INJURY MISSED NEXT TWO DAYS OF WORK 12/07/2021 AND 12/08/2021. RETURNED ON 12/09/2021

2019 · 1 incident

April 6, 2019 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Apex Energy, Inc. · Struck by... (Not Elsewhere Classified)

Adjusting track on D10N dozer, chain broke and hit employee in left hand.

2017 · 1 incident

March 16, 2017 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Apex Energy, Inc. · Struck against a moving object

Employee was running dozer ran over rock and it shook them around causing lower back pain radiating down into the left leg.

2016 · 1 incident

February 12, 2016 VA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Apex Energy, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was mounting truck when EE felt a pop in EE's shoulder. Employee worked until lunch time and decided to go to get checked out.

2015 · 1 incident

September 28, 2015 VA · Coal grader operator, roadgrader operator SLIP OR FALL OF PERSON
Apex Energy, Inc. · Fall onto or against objects

Employee was performing equipment pre-shift when lost his footing and fell from grader striking his head on the back of blade.

2014 · 1 incident

August 14, 2014 VA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Apex Energy, Inc. · Fall to the walkway or working surface

Tripped coming across rock pile. Tried to catch self from falling and dislocated middle finger and scratched arm.

2013 · 2 incidents

August 22, 2013 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Apex Energy, Inc. · Struck against a moving object

Employee was operating a D-9 Caterpillar Bulldozer when he backed up over a rock causing pain in back and numdness in arm.

July 31, 2013 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FALLING/SLIDING/ROLLING MATERIALS
Apex Energy, Inc. · Caught in, under or between a moving and a stationary object

Employee was preparing to weld the left wing section of a haul truck bed to the main section of bed. He was readjusting chain when crib kicked out causing the left wing section to turn over pinning him to the ground.