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Tommy Smith Logging: OSHA inspections and violations

Summersville, West Virginia · Logging · NAICS 113310

2inspections
13citation items
$21,900current penalties
Oct 19, 2022last inspection

OSHA has inspected Tommy Smith Logging 2 times in West Virginia since 2014.

The latest one began on Oct 19, 2022 after a fatality or catastrophe, in Erbacon.

Those inspections ended with 13 citation items: 8 serious and 5 other-than-serious.

Penalties were first proposed at $30,974 and now stand at $21,900, 29% lower after settlements or reviews.

Logging operations comes up most often in these citations: 10 items under 1910.266.

How that compares: the median penalty per cited inspection for farming, fishing and forestry employers since 2015 is $1,440, and Tommy Smith Logging averages $13,500 (1 cited inspection).

1 inspection on this page followed a fatal incident.

Tommy Smith Logging: OSHA citation items per year, 2014 to 2022
Citation items per year, by inspection date.

West Virginia · latest 90 days of OSHA records

33employers cited

2 of them in the same industry

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Inspection history

Inspection 346292279 OPENED OCT 19, 2022Closed

Fatality or catastrophe · Complete · Safety · 3 employees at the site · Closed Apr 7, 2025

Brooks Run Mine Off Missouri Run Road, Erbacon, WV 26203 · Logging · OSHA's record · Phone and website on Google Maps

Incident on Oct 18, 2022 (fatal): Employee is killed when struck by tree

At 3:00 p.m. on October 18, 2022, Employee #1 had felled an approximately 85 foot, 24 inch diameter red oak tree. Employee #1 retreated approximately 15 feet in 45 to 50 degree angle uphill from the red oak tree. As the red oak fell down hill, it struck an approximately 50 foot, 10 inch diameter poplar tree. This caused the poplar tree to be pushed down hill with the red oak, and when the red oak slid off, the poplar tree sprang back. The poplar tree broke and landed back uphill and struck Employee #1. The skidder operator called the other employees on the landing and they called 911. Webster County EMS and Sheriff's Department arrived on scene. Employee #1 was transported to Webster Memorial Hospital, where he was pronounced dead due to blunt force trauma to the head, chest and upper body.

Citation and ruleTypeProposedCurrentIssuedStatus
Citation 1, item 1
29 CFR 1910.266(h)(2)(ii) · Logging operations
Serious$15,625$11,000Mar 6, 2023Final
Citation 2, item 1
29 CFR 1904.39(a)(1) · Reporting deaths and severe injuries
Other-than-serious$3,349$2,500Mar 6, 2023Final

Inspection 339784191 OPENED MAY 28, 2014Closed

Complaint · Complete · Safety · 2 employees at the site · Closed Aug 3, 2016

1602 Nile Road, Summersville, WV 26651 · Logging · OSHA's record · Phone and website on Google Maps

Citation and ruleTypeProposedCurrentIssuedStatus
Citation 1, item 1
29 CFR 1910.266(d)(1)(iv) · Logging operations
Serious$2,400$1,680Jul 17, 2014Final
Citation 1, item 2
29 CFR 1910.266(d)(1)(v) · Logging operations
Serious$1,600$1,120Jul 17, 2014Final
Citation 1, item 3
29 CFR 1910.266(d)(1)(vii)(b) · Logging operations
Serious$2,400$1,680Jul 17, 2014Final
Citation 1, item 4a
29 CFR 1910.266(d)(2)(i) · Logging operations
Serious$1,600$1,120Jul 17, 2014Final
Citation 1, item 4b
29 CFR 1910.266(d)(2)(ii) · Logging operations
Serious$0$0Jul 17, 2014Final
Citation 1, item 5
29 CFR 1910.266(d)(4) · Logging operations
Serious$1,200$840Jul 17, 2014Final
Citation 1, item 6
29 CFR 1910.266(e)(2)(vi) · Logging operations
Serious$2,400$1,680Jul 17, 2014Final
Citation 2, item 1
29 CFR 1910.266(i)(11) · Logging operations
Other-than-serious$400$280Jul 17, 2014Final
Citation 2, item 2
29 CFR 1910.266(f)(1)(iii) · Logging operations
Other-than-serious$0$0Jul 17, 2014Final
Citation 2, item 3
29 CFR 1910.1200(e)(1) · Hazard communication
Other-than-serious$0$0Jul 17, 2014Final
Citation 2, item 4
29 CFR 1910.1200(h) · Hazard communication
Other-than-serious$0$0Jul 17, 2014Final

The rules behind these citations

Current text from the Code of Federal Regulations. Some citations were issued under older wording.

29 CFR 1904.39 · Reporting deaths and severe injuries

29 CFR 1904.39(a)(1)

(a) Basic requirement. (1) Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor.

29 CFR 1910.1200 · Hazard communication

29 CFR 1910.1200(e)(1)

(e) Written hazard communication program. (1) Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following:

29 CFR 1910.1200(h)

(h) Post-mortem data: Increased incidence and/or severity of post-mortem findings may be indicative of maternal toxicity. This can include gross or microscopic pathological findings or organ weight data, including absolute organ weight, organ-to-body weight ratio, or organ-to-brain weight ratio. When supported by findings of adverse histopathological effects in the affected organ(s), the observation of a significant change in the average weight of suspected target organ(s) of treated dams (mothers), compared to those in the control group, may be considered evidence of maternal toxicity.

29 CFR 1910.266 · Logging operations

Other logging employers in West Virginia

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Source: U.S. Department of Labor, OSHA enforcement data. A citation is OSHA's allegation; employers can contest it, and the status column shows where each item stands. Something wrong on this page? Tell us.