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Upshur Complex: 77 MSHA citations Coal

Upshur Property LLC · Facility
Tallmansville, Upshur County, WV  ·  NonProducing
MSHA Mine ID: 4605823

Upshur Complex has $29K in proposed MSHA penalties and $302 outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
17
Years on record
1983–2005
Latest incident
Jun 2005
Compliance record
MSHA citations since 2000
77
citations
21
significant & substantial
$29,046
proposed penalties
$22,800
paid to date
78% of proposed penalties paid to date, a $6,246 gap.
Source: MSHA violations data, updated weekly.
See Upshur Property LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
114
inspections on record
2,014
inspection hours
3.8
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.
77 citations across 2,014 inspection hours.
Source: MSHA inspections data, updated weekly.

Upshur Complex has $29K in proposed MSHA penalties and $302 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.
$29K
proposed penalties
$23K
current assessed
$23K
paid to date
$302
outstanding
77 assessments are final orders; 6 contested dockets.
Of $19K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2026-02-05.
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.
27.3%
significant & substantial
1.3%
high negligence or reckless
28.6%
reasonably likely or greater
33.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 40.3% low, 58.4% moderate, 1.3% 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.
9 citations taken to the federal commission · 12% of citations on record
  • Settled 9 · 100%
88%
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 8 decided S&S contests · industry: 79%
32%
Penalty reduction in decided contests
$19K 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 2012-09-24.
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 2012-1798 Settlement Gill 2013 $13K → $10K
WEVA 2011-1050 Settlement Lesnick 2011 $2K → $874
WEVA 2011-1595 Settlement Biro 2012 $2K → $807
WEVA 2010-1702 Settlement Lesnick 2011 $897 → $243
WEVA 2010-1996 Settlement Lesnick 2011 $873 → $392
WEVA 2011-568 Settlement Melick 2011 $138 → $138
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Upshur Complex shows 100% of 8 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: 2018-04-30, 8 years ago
100%
within 1.5 mg/m3
8
samples
0.08
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.
0 samples taken by MSHA inspectors, 8 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR8
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
2018 100% 1
2017 100% 1
2016 100% 4
2015 100% 2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Island Creek Coal Company 1978 to 1982
  2. Enoxy Coal Inc 1982 to 1988
  3. Island Creek Mining Company 1988 to 1993
  4. Island Creek Coal Company 1993 to 1996
  5. Upshur Property LLC 1996 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2025 4
2024 4
2023 4
2022 4
2021 5
2020 5
2019 5
2018 5
2017 5
2016 6
2015 7
2014 8
2013 5
2012 4
2011 5
2010 3
2009 4
2008 4
2007 4
2006 4
2005 4
2004 4
2003 4
2002 5
2001 5
2000 3
Source: MSHA quarterly employment and production, updated weekly.

Upshur Complex sits in Upshur County, West Virginia, where the Census mining category is 5.1% 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.
Upshur County, West Virginia · Population 23,758
5.1%
Mining share of county employment
$51,859
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
2025 Q1 2,588 0 0 0.0
2024 Q4 2,419 1 0 413.4
2024 Q3 2,344 0 0 0.0
2024 Q2 2,309 1 0 433.1
2024 Q1 2,498 0 0 0.0
2023 Q4 2,307 0 0 0.0
2023 Q3 2,475 0 0 0.0
2023 Q2 2,571 0 0 0.0
Show 93 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q1 2,568 2 0 778.8
2022 Q4 2,622 1 0 381.4
2022 Q3 2,271 0 0 0.0
2022 Q2 2,634 0 0 0.0
2022 Q1 2,350 0 0 0.0
2021 Q4 3,050 0 0 0.0
2021 Q3 3,200 0 0 0.0
2021 Q2 2,925 1 0 341.9
2021 Q1 3,005 0 0 0.0
2020 Q4 2,652 0 0 0.0
2020 Q3 2,856 0 0 0.0
2020 Q2 2,988 0 0 0.0
2020 Q1 3,343 0 0 0.0
2019 Q4 2,614 0 0 0.0
2019 Q3 3,013 1 0 331.9
2019 Q2 2,564 0 0 0.0
2019 Q1 2,356 0 0 0.0
2018 Q4 2,249 0 0 0.0
2018 Q3 2,702 0 0 0.0
2018 Q2 2,877 0 0 0.0
2018 Q1 2,853 0 0 0.0
2017 Q4 2,639 0 0 0.0
2017 Q3 2,635 0 0 0.0
2017 Q2 2,786 0 0 0.0
2017 Q1 3,132 0 0 0.0
2016 Q4 2,566 0 0 0.0
2016 Q3 2,792 0 0 0.0
2016 Q2 2,901 0 0 0.0
2016 Q1 3,346 0 0 0.0
2015 Q4 2,943 0 0 0.0
2015 Q3 3,665 0 0 0.0
2015 Q2 3,664 0 0 0.0
2015 Q1 4,117 0 0 0.0
2014 Q4 3,945 0 0 0.0
2014 Q3 4,144 0 0 0.0
2014 Q2 4,493 0 0 0.0
2014 Q1 5,611 0 0 0.0
2013 Q4 3,829 2 0 522.3
2013 Q3 2,102 6 2 2854.4
2013 Q2 2,208 0 0 0.0
2013 Q1 2,306 5 2 2168.3
2012 Q4 1,901 0 0 0.0
2012 Q3 2,137 9 4 4211.5
2012 Q2 2,327 0 0 0.0
2012 Q1 2,762 0 0 0.0
2011 Q4 2,512 0 0 0.0
2011 Q3 2,536 6 0 2365.9
2011 Q2 2,598 0 0 0.0
2011 Q1 2,252 13 2 5772.6
2010 Q4 2,178 0 0 0.0
2010 Q3 2,402 4 1 1665.3
2010 Q2 2,208 1 0 452.9
2010 Q1 2,210 4 1 1810.0
2009 Q4 2,200 0 0 0.0
2009 Q3 3,770 3 1 795.8
2009 Q2 2,240 0 0 0.0
2009 Q1 2,210 6 3 2714.9
2008 Q4 2,124 0 0 0.0
2008 Q3 2,272 0 0 0.0
2008 Q2 2,260 0 0 0.0
2008 Q1 2,268 0 0 0.0
2007 Q4 2,226 0 0 0.0
2007 Q3 2,214 0 0 0.0
2007 Q2 2,080 0 0 0.0
2007 Q1 2,244 0 0 0.0
2006 Q4 2,120 0 0 0.0
2006 Q3 2,146 0 0 0.0
2006 Q2 1,891 0 0 0.0
2006 Q1 1,973 0 0 0.0
2005 Q4 1,779 0 0 0.0
2005 Q3 1,928 0 0 0.0
2005 Q2 1,924 0 0 0.0
2005 Q1 1,879 0 0 0.0
2004 Q4 1,807 0 0 0.0
2004 Q3 1,753 0 0 0.0
2004 Q2 1,911 0 0 0.0
2004 Q1 1,872 0 0 0.0
2003 Q4 1,630 0 0 0.0
2003 Q3 1,825 0 0 0.0
2003 Q2 1,955 0 0 0.0
2003 Q1 1,895 0 0 0.0
2002 Q4 1,774 0 0 0.0
2002 Q3 2,128 0 0 0.0
2002 Q2 2,477 0 0 0.0
2002 Q1 2,296 0 0 0.0
2001 Q4 2,540 0 0 0.0
2001 Q3 2,580 0 0 0.0
2001 Q2 2,652 0 0 0.0
2001 Q1 2,592 0 0 0.0
2000 Q4 2,532 1 0 394.9
2000 Q3 2,115 0 0 0.0
2000 Q2 576 0 0 0.0
2000 Q1 585 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

17 on file

2005 · 1 incident

June 27, 2005 WV · Coal ELECTRICAL
Upshur Property LLC · Accident type, without injuries

UNPLANNED IGNITION AT 2 LOCATIONS CONSUMING 1/4 & 1/2 ACRE OF GRASS NEAR ABANDONED PREP. PLANT. APPEARS TO BE CAUSED BY ELECTRICAL SPARK THAT FELL ONTO DRY GRASS.

2004 · 1 incident

February 4, 2004 WV · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Upshur Property LLC · Over-exertion in pulling or pushing objects

EE WAS BREAKING BOLTS ON A REDUCING FLANG USING A 3/4"DRIVE SOCKET RATCHET AND CHEATER PIPE. DURING WORK THE EE SUSTAINED A SPRAIN OF LOWER BACK. INCIDENT OCCURRED 2/4/04 AND WENT TO DR. ON 2/9/04. THE 1ST DAY LOST WAS 2/9/04.

1997 · 1 incident

May 3, 1997 WV · Coal security guard, watchman OTHER
Upshur Property LLC · (Not Elsewhere Classified)

INJURED WAS DRIVING TRUCK MAKING ROUND AS NIGHT ATCHMAN WHEN THE PAINS STARTED.

1986 · 2 incidents

April 30, 1986 WV · Coal tipple/top lander/skip dumper operator, binman, topman HANDLING OF MATERIALS
Enoxy Coal Inc · Caught in, under or between a moving and a stationary object

INJ EMPL CLOSED3FINGER IN RR CAR DOOR.FX LEFT INDEX FINGER.

February 22, 1986 WV · Coal tipple/top lander/skip dumper operator, binman, topman HANDLING OF MATERIALS
Enoxy Coal Inc · Over-exertion (Not Elsewhere Classified)

EMP WAS SHOVEL3NG COAL, POSSIBLE RUPTURE

1985 · 4 incidents

July 14, 1985 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Enoxy Coal Inc · Fall from machine

THE INJURED WAS GATHERING UP SCRAP METAL OUT OF THE COAL PIT. HE SLIPPED OFF TIRE ON ENDLOADER & FELL ON H IS ELFT FOREARM & LEFT LEG. FRACTURED DISTAL RADIUS.

July 4, 1985 WV · Coal tipple/top lander/skip dumper operator, binman, topman SLIP OR FALL OF PERSON
Enoxy Coal Inc · Fall from scaffolds, walkways, platforms

FELL FROM CATWALK INJURY L ANKLE

March 19, 1985 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Enoxy Coal Inc · Struck by... (Not Elsewhere Classified)

WHILE INJURED WAS PULLING BACK ON METAL IT FLIPPED BACK ON FINGER. 1" LACERATION RT LITTLE FINGER.

February 19, 1985 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Enoxy Coal Inc · Over-exertion (Not Elsewhere Classified)

SHOVELING COAL, INJURED BACK.

1984 · 4 incidents

July 2, 1984 WV · Coal tipple/top lander/skip dumper operator, binman, topman HANDLING OF MATERIALS
Enoxy Coal Inc · Struck by falling object

EMPLOYEE DROPPED A SPRING AND CAUGHT HIS MIDDLE FINGER ON RIGHT HAND. BROKE TIP OF MIDDLE FINGER RT HAND.

June 22, 1984 WV · Coal tipple/top lander/skip dumper operator, binman, topman HANDLING OF MATERIALS
Enoxy Coal Inc · Struck against stationary object

INJURED RT WRIST WHILE CLEANING FILTER

April 26, 1984 WV · Coal welder (shop) HANDLING OF MATERIALS
Enoxy Coal Inc · Struck by... (Not Elsewhere Classified)

HE WAS TAKING JACK OFF LOAD OUT CHUTE-JACK SLIPPED AND CAUGHT HIS RIGHT HAND, CUT RIGHT HAND BETWEEN THUMB AND FIRST FINGER.

April 26, 1984 WV · Coal tipple/top lander/skip dumper operator, binman, topman STEPPING OR KNEELING ON OBJECT
Enoxy Coal Inc · Struck against stationary object

EMPLOYEE WAS WALKING DOWN HILL TO PUMP HOUSE WHEN HE STEPPED ON A ROCK TURNING HIS LEFT ANKLE

1983 · 4 incidents

December 19, 1983 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Enoxy Coal Inc · Over-exertion in wielding or throwing objects

STANDING ON PLATFORM AT DYER-PASS CHUTE USING SLEDGE HAMMER LEFT KNEE POPPED OUT OF JOINT

October 31, 1983 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Enoxy Coal Inc · Fall onto or against objects

HE WAS CLIMBING ONTO BELT TO BRAKE A PIECE OF ROCK THAT HAD CAUGHT ON FEEDER. HE STEPPED ON BELT ROLLER, ROLLER TURNED CAUSING HIM TO FALL ONTO METAL GUARD ALONG BELT LINE.

September 27, 1983 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FIRE
Enoxy Coal Inc · Contact with hot objects or substances

HE WAS WELDING ON METAL PIPE ABOVE HIS HEAD PIECE OF HOT METAL FELL ON HIS BACK CATCHING SHIRT ON FIRE CAUSING BURN ON LEFT SHOULDER BLADE ABOUT 2IN INSIZE

June 28, 1983 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Enoxy Coal Inc · Fall from machine

STEPPED UP ON SUKP PUMP TO MEASURE A PIPE FOR CUTTING FELL AND BROKE RT ANKLE