Mining Incidents

Seven Pines Coal

Erbacon, Webster County, WV  ·  Temporarily Idled
MSHA Mine ID: 4609036

Seven Pines has $27K in proposed MSHA penalties and $10K outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
35
Years on record
2005–2020
Latest incident
Oct 2020
Compliance record
MSHA citations since 2006
123
citations
23
significant & substantial
$27,291
proposed penalties
$15,816
paid to date
58% of proposed penalties paid to date, a $11,475 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
68
inspections on record
3,994
inspection hours
3.1
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.
123 citations across 3,994 inspection hours.
Source: MSHA inspections data, updated weekly.

Seven Pines has $27K in proposed MSHA penalties and $10K outstanding across 4 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.
$27K
proposed penalties
$26K
current assessed
$16K
paid to date
$10K
outstanding
122 assessments are final orders; 4 contested dockets.
As of the most recent assessment on 2023-07-17.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.

MSHA sampling at Seven Pines shows respirable coal dust averaging 0.08 mg/m3 (100% compliant) across 324 samples.

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.
0.08
dust avg (mg/m3)
0.41
dust max (mg/m3)
100%
within 1.5 mg/m3
324
samples
Most recent sample: 2023-06-21.
Silica (quartz)
19.9
silica avg (%)
37.0
silica max (%)
17
samples
Most recent sample: 2023-03-02.
Noise
1%
over PEL
124
samples
Most recent sample: 2023-02-22.
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
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
2023 Q4 6,132 0 0 0.0
2023 Q3 10,384 2 0 192.6
2023 Q2 34,932 2 0 57.3
2023 Q1 30,521 5 1 163.8
2022 Q4 35,085 4 0 114.0
2022 Q3 23,865 0 0 0.0
2022 Q2 27,396 3 0 109.5
2022 Q1 19,912 10 3 502.2
Show 69 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q4 17,737 0 0 0.0
2021 Q3 9,545 1 0 104.8
2021 Q2 11,644 6 0 515.3
2021 Q1 13,906 0 0 0.0
2020 Q4 16,356 3 0 183.4
2020 Q3 3,807 0 0 0.0
2020 Q2 19,068 5 0 262.2
2020 Q1 18,510 0 0 0.0
2019 Q4 23,535 4 0 170.0
2019 Q3 37,587 1 0 26.6
2019 Q2 43,629 0 0 0.0
2019 Q1 40,137 4 0 99.7
2018 Q4 41,720 0 0 0.0
2018 Q3 28,045 0 0 0.0
2018 Q2 17,659 4 0 226.5
2018 Q1 31,944 1 0 31.3
2017 Q4 11,456 0 0 0.0
2017 Q3 3,130 1 0 319.5
2017 Q2 3,540 0 0 0.0
2017 Q1 3,324 0 0 0.0
2016 Q4 3,026 0 0 0.0
2016 Q3 4,552 0 0 0.0
2016 Q2 10,958 1 0 91.3
2016 Q1 35,314 0 0 0.0
2015 Q4 30,969 1 0 32.3
2015 Q3 42,513 0 0 0.0
2015 Q2 45,941 0 0 0.0
2015 Q1 51,908 0 0 0.0
2014 Q4 42,548 0 0 0.0
2014 Q3 46,796 0 0 0.0
2014 Q2 49,285 0 0 0.0
2014 Q1 58,230 0 0 0.0
2013 Q4 52,013 0 0 0.0
2013 Q3 56,452 0 0 0.0
2013 Q2 57,410 0 0 0.0
2013 Q1 55,746 0 0 0.0
2012 Q4 46,605 1 0 21.5
2012 Q3 45,323 0 0 0.0
2012 Q2 48,542 1 1 20.6
2012 Q1 53,670 5 1 93.2
2011 Q4 45,364 0 0 0.0
2011 Q3 50,810 1 0 19.7
2011 Q2 51,969 0 0 0.0
2011 Q1 53,767 6 3 111.6
2010 Q4 44,525 0 0 0.0
2010 Q3 47,784 5 0 104.6
2010 Q2 46,638 0 0 0.0
2010 Q1 46,859 0 0 0.0
2009 Q4 41,133 9 4 218.8
2009 Q3 39,919 5 3 125.3
2009 Q2 39,640 0 0 0.0
2009 Q1 48,828 6 0 122.9
2008 Q4 41,884 0 0 0.0
2008 Q3 42,246 6 1 142.0
2008 Q2 46,850 0 0 0.0
2008 Q1 46,254 12 4 259.4
2007 Q4 40,769 0 0 0.0
2007 Q3 42,479 4 2 94.2
2007 Q2 46,341 0 0 0.0
2007 Q1 47,806 0 0 0.0
2006 Q4 40,722 0 0 0.0
2006 Q3 41,938 2 0 47.7
2006 Q2 44,050 0 0 0.0
2006 Q1 42,930 2 0 46.6
2005 Q4 29,992 0 0 0.0
2005 Q3 29,807 0 0 0.0
2005 Q2 26,044 0 0 0.0
2005 Q1 6,487 0 0 0.0
2004 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

35 on file

2020 · 1 incident

October 8, 2020 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Birch River Energy, LLC · Struck against a moving object

Employee was driving CAT 777 rock truck with an air ride operator's seat. According to the operator, the seat had plenty of air at the beginning of the shift. The air ride seat lost air throughout the day. The employee hit a rough spot in the road and the seat bottomed out causing them to jar lower back and tailbone area.

2019 · 4 incidents

May 24, 2019 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Birch River Energy, LLC · Struck by flying object

Employee was servicing a 988G loader 129' from a highwall. A root cluster with dirt and rock fell from the highwall and, upon impact, projected the dirt and rock into the haulroad towards the loader. A rock 2" x 3/4" came through the engine compartment and glanced off of the employee's head. Employee received 3 staples to close the laceration.

May 17, 2019 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Birch River Energy, LLC · Over-exertion in lifting objects

Employee was assisting in dropping a transmission into a 993K loader. They bent over to move some hydraulic hoses out of the way and felt a sharp pain in the left arm and shoulder. However, the employee stated they had recurring pain in this area for over a week and could not pinpoint this injury to this particular instance. This is still under investigation.

March 4, 2019 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Birch River Energy, LLC · Struck against a moving object

Employee was operating an empty rock truck back to the pit via the right contour haul road and met a loaded rock truck travelling in the opposite direction. Employee pulled to the side of the road to let the truck by. The rock truck traveled over an irregularity in the road at a high rate of speed, jarring the employee into the right armrest of the operators seat.

January 22, 2019 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Birch River Energy, LLC · Over-exertion (Not Elsewhere Classified)

Employee was exiting a D11R. EE stated that EE's right foot was on the last step on the push arm as EE was lowering EE's left foot down to the ground. EE lost EE's balance on some frozen material and twisted EE's knee as EE tried to regain EE's balance.

2018 · 2 incidents

August 30, 2018 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Birch River Energy, LLC · Over-exertion (Not Elsewhere Classified)

Laying on stomach on deck of D10 tractor trying to put test gauge on fan pump fitting when right shoulder popped and started hurting

March 9, 2018 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Birch River Energy, LLC · Fall to the walkway or working surface

The employee slipped and fell while walking across the parking lot at the end of shift. This resulted in an injury to right arm. On 03/17/2018 the employee went to the doctor and found that the employee in-fact fractured arm. Employee reported this to supervisor on 03/18/2018. The employee has not missed any time due to this accident as of this date.

2015 · 1 incident

November 10, 2015 WV · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
Birch River Energy, LLC · Fall to the walkway or working surface

Employee was walking across a "bench" when he stepped on a dirt/mud clump causing him to slip and fall twisting his left ankle. it had been raining all day which also contributed to the fall. the ankle bone was found to be chipped through an x ray

2014 · 3 incidents

April 2, 2014 WV · Coal grader operator, roadgrader operator HANDLING OF MATERIALS
Birch River Energy, LLC · Over-exertion (Not Elsewhere Classified)

The employee was mounting the 16G motor grader, equipment #301. When the employee go to the 4th step from the ground, he experienced pain in his lower back. The employee finished this shift, but was unable to work his next 2 scheduled shifts.

February 14, 2014 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Birch River Energy, LLC · Over-exertion (Not Elsewhere Classified)

Employee was walking around in snow at shop area loading corner bits for dozer, slipped in snow when he hooked chain to bit, causing a strain to the low back

January 21, 2014 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Birch River Energy, LLC · Fall onto or against objects

Management has been made aware through medical documentation that the employee is missing time due to the shoulder accident Jan 21, 2014. On that date the employee alleges that he slipped on ice, fell, and struck his left shoulder against the push arm of a dozer that was being repaired.

2013 · 3 incidents

June 14, 2013 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Birch River Energy, LLC · Over-exertion (Not Elsewhere Classified)

While gripping oil filter to spin loose he felt hand pop. then a few minutes after as he climbed up to clean mirrors it popped again.

February 23, 2013 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Birch River Energy, LLC · Caught in, under or between a moving and a stationary object

Installing final drive gear, gear slipped pinning (r) hand against wheel assembly.

2012 · 2 incidents

February 22, 2012 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Birch River Energy, LLC · Struck against stationary object

Employee was in the process of tightening some bolts under cab of machine, bumped head & knocked off hard hat, struck head on a piece of sheet metal causing a laceration to left side of head.

February 4, 2012 WV · Coal FIRE
Birch River Energy, LLC · Accident type, without injuries

A fire of undetermined natured occurred on a Cat 993 loader. No injuries occurred due to the fire. Fire extinguishers, Equipment fire suppression system, Fire extinguisher trailer and water was used to contain the fire. The fire was extinguished by a foam wetting agent used by the local fire department. Both MSHA and State officials were notified and investigated the fire.

2011 · 1 incident

November 23, 2011 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Birch River Energy, LLC · Fall onto or against objects

Employee stepped on a pallet covered in plastic in shop, employee slipped off plastic and his leg went under a drill carousel. The drill component then struck his right lower leg causing a laceration and minor fracture.

2010 · 5 incidents

October 11, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Birch River Energy, LLC · Caught in, under or between (Not Elsewhere Classified)

Mechanic received pinching injuries to the middle finger right hand while replacing an o ring on hydraulic components of the 900 loader. The metal hydraulic line slipped from the pry bar he was using to separate it from the valve bank causing an avulsion to the finger. Employee suffered no fractures, or amputations.

July 19, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Birch River Energy, LLC · Fall from ladders

Employee complained of pain in back when he fell from a ladder approximately 46" while performing maintenance on a rock truck. Employee has a history of back and knee damages from 37 years total mining experience.

March 24, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Birch River Energy, LLC · Struck by flying object

While reviewing accidents, management concluded that this accident had not been reported. Employee was grinding on excavator bucket when cup wheel exploded and a piece hit him in the chin.

March 11, 2010 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Birch River Energy, LLC · Caught in, under or between a moving and a stationary object

Employee was helping load a stablizer bar for a 1500 rock truck onto the bumper of the truck, employee got his thumb between the bumper and the bar, resulting in a laceration to the thumb on right hand. Wound required sutures.

January 14, 2010 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Birch River Energy, LLC · Over-exertion (Not Elsewhere Classified)

wiring up a shot, a lot of snow on the ground, either stepped in a hole or crack, twisted left knee.

2009 · 7 incidents

December 13, 2009 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Birch River Energy, LLC · Over-exertion in lifting objects

Managment was notified by the employee on 12/29/09 that he sustained an injury to the lower back on 12/13/09 as he was shoveling frozen dirt to allow for additional room to install a belly pan on a dozer.

November 22, 2009 WV · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Birch River Energy, LLC · Caught in, under or between (Not Elsewhere Classified)

Employee was lifting roller from frame of a D-10 dozer when metal from frame cut his middle finger on right hand.

September 25, 2009 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Birch River Energy, LLC · Struck by flying object

EE was tightening hose pad bolts on a D6R with impact wrench, foreign body went into ee's left eye.

June 25, 2009 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Birch River Energy, LLC · Over-exertion in pulling or pushing objects

EE had put a fan hub back into the block housing and was tightening bolt, when he felt a pull in his back. The next day he was diagnosed with a lumbar strain. The following week was vacation week. He was to RTW on July 6 but his wife called that day to say that he was to have surgery. I spoke with him today and he is taking therapy right now.

March 2, 2009 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Birch River Energy, LLC · Fall to the walkway or working surface

Employee was walking to his loader, when he slipped on snow covered ice and fell, striking his low back against the ground.

February 18, 2009 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Birch River Energy, LLC · Struck by... (Not Elsewhere Classified)

Employee was using a 10 ton porta power to reinstall the drive chain on the drive sprocket. The porta power worked loose and struck the employee on the left thumb.

February 17, 2009 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Birch River Energy, LLC · Struck against a moving object

Employee in TC Transport truck, states he was on 7-Pines Surface and in dodging a rock truck, hit a pot hole and seat bottomed out.

2008 · 1 incident

January 30, 2008 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Birch River Energy, LLC · Over-exertion (Not Elsewhere Classified)

Walking on a bench, he stepped in a hole, hurting left ankle.

2007 · 2 incidents

June 13, 2007 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Birch River Energy, LLC · Struck against a moving object

Employee was operating a 777 Cat rock truck and while backing into the dump the back berm failed causing truck to go through berm. Truck rolled onto driver's side and slid down dump.

February 1, 2007 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman STRIKING OR BUMPING
Birch River Energy, LLC · Struck against stationary object

Stemming holes, tried to kick mud off boots against the frozen stemming piles, hurt left foot/ankle.

2006 · 2 incidents

October 18, 2006 WV · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey OTHER
Birch River Energy, LLC · Absorption of radiations, caustics, toxic and noxious substances

Working on a shot, got stung by a bee

June 9, 2006 WV · Coal assayer, geologist, metallurgist, engineer, engineer management HANDTOOLS (NONPOWERED)
Birch River Energy, LLC · Struck by... (Not Elsewhere Classified)

Employee was struck in mouth by a sledge hammer as he was holding a timber which was being installed in a culvert on a new road project. Employee received a laceration to the upper lip which required sutures as a result of the incident.

2005 · 1 incident

December 27, 2005 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Birch River Energy, LLC · Fall to the walkway or working surface

Employee was walking up a hill when he slipped and fell, spraining his left hand. Ground was snow covered and slick. Employee was attempting to light a pile of brush. He notified me 12-30-05.

For insurers, brokers, and safety consultants

The full compliance file on Seven Pines

A dated report covering the 26-year penalty trail, line-item violation pattern, contest and docket posture, rate-normalized peer benchmark, and full fatality history. Delivered as a PDF with the underlying data as CSV.