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.
383 citations across 2,067 inspection hours.
Source: MSHA inspections data, updated weekly.
Sweet Birch has $216K in proposed MSHA penalties and $34K 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.
$216K
proposed penalties
$216K
current assessed
$182K
paid to date
$34K
outstanding
378 assessments are final orders; 2 contested dockets.
Of $46K in penalties contested before the Commission, $45K was upheld in final decisions.
As of the most recent assessment on 2011-02-10.
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.
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.
14citations taken to the federal commission · 4% of citations on record
Settled
13 · 93%
Vacated or withdrawn
1 · 7%
92%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 13 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$46K proposed, $45K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2009-06-04.
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.
MSHA sampling at Sweet Birch shows 92% of 209 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: 2009-03-26, 17 years ago
92%
within 1.5 mg/m3
209
samples
4.00
dust max (mg/m3)
63 samples taken by MSHA inspectors, 146 by the operator.
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.
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.
Sweet Birch recorded 5.48 reportable injury cases per 100 full-time workers in 2008.
Injury rate, 2008
ⓘ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.
5.48
total case rate
5.48
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In West Virginia, coal mining averaged 4.91 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
2008 *
5.48
5.48
0.000
2007 *
2.45
2.45
0.000
2006 *
22.14
19.68
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.
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)
2012
0
2011
0
2010
0
2009
7
22,978
2008
19
131,076
2007
35
124,116
2006
35
126,338
2005
8
56,422
2004
11
15,784
Source: MSHA quarterly employment and production, updated weekly.
Sweet Birch sits in Boone County, West Virginia, where the Census mining category is 10.1% 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.
Boone County, West Virginia · Population 21,312
10.1%
Mining share of county employment
$56,152
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
2012 Q3
0
0
0
2012 Q2
0
0
0
2012 Q1
0
0
0
2011 Q4
0
0
0
2011 Q3
0
0
0
2011 Q2
0
0
0
2011 Q1
0
1
0
2010 Q4
0
1
0
Show 24 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2010 Q3
0
1
0
2010 Q2
0
1
1
2010 Q1
0
1
0
2009 Q4
0
1
0
2009 Q3
0
2
1
2009 Q2
0
6
0
2009 Q1
14,894
53
21
3558.5
2008 Q4
12,623
43
16
3406.5
2008 Q3
12,690
41
16
3230.9
2008 Q2
10,140
25
10
2465.5
2008 Q1
1,060
5
0
4717.0
2007 Q4
7,675
2
0
260.6
2007 Q3
25,029
1
0
40.0
2007 Q2
24,308
13
8
534.8
2007 Q1
24,516
2
1
81.6
2006 Q4
37,660
11
4
292.1
2006 Q3
20,811
1
0
48.1
2006 Q2
19,728
30
18
1520.7
2006 Q1
3,097
16
7
5166.3
2005 Q4
0
26
11
2005 Q3
0
19
4
2005 Q2
8,756
38
9
4339.9
2005 Q1
6,381
14
2
2194.0
2004 Q4
2,720
17
7
6250.0
No fatalities recorded at this mine.
Reportable incidents
21 on file
2009 · 3 incidents
March 24, 2009WV · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)HANDLING OF MATERIALS
Employee was setting breaker post timbers. When he went to split a half header it slipped causing it to kick back & lacerate his left middle finger, ripping nail off.
February 24, 2009WV · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)HANDLING OF MATERIALS
A ROCK FELL BETWEEN BOLTS & PUSHED THE CANOPY DOWN INTO THE SHAFT CAUSING THE CANOPY TO HIT THE EMPLOYEE IN THE TOP OF HIS HEAD. ROCK THEN FELL OFF OF CANOPY & STRUCK EMPLOYEE.
May 15, 2006WV · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)SLIP OR FALL OF PERSON