Registration No. 333-_________



    As filed with the Securities and Exchange Commission on January 15, 2009

                                 UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                              ___________________

                                    FORM S-8

                             REGISTRATION STATEMENT
                                     UNDER
                           THE SECURITIES ACT OF 1933


                     Energy Services of America Corporation
             (Exact Name of Registrant as Specified in its Charter)


         Delaware                                       20-4606266
(State or Other Jurisdiction of             (I.R.S. Employer Identification No.)
Incorporation or Organization)




                               100 Industrial Lane
                      Huntington, West Virginia 25702-9694
                    (Address of Principal Executive Offices)

                     Energy Services of America Corporation
                        2009 Employee Stock Purchase Plan
                            (Full Title of the Plan)


                                   Copies to:

Mr. Edsel R. Burns                              Norma M. Sharara, Esquire
President                                  Luse  Gorman Pomerenk & Schick, P.C.
Energy Services of America Corporation     5335 Wisconsin  Ave., N.W., Suite 400
100 Industrial Lane                              Washington, DC 20015-2035
Huntington, West Virginia 25702-9694                 (202) 274-2000
(304) 399-6315
(Name, Address and Telephone Number
 of Agent for Service)



Indicate by check mark whether the registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer, or a smaller reporting company. See
the definitions of "large accelerated filer," "accelerated filer" and "smaller
reporting company" in Rule 12b-2 of the Securities Exchange Act of 1934, as
amended. (Check one):

Large accelerated filer [ ]    Accelerated filer [ ]  Non-accelerated filer  [ ]
Smaller reporting company [X]


<PAGE>

<TABLE>
<CAPTION>

                         CALCULATION OF REGISTRATION FEE

====================================================================================================================
         Title of                                     Proposed               Proposed
        Securities                Amount               Maximum                Maximum               Amount of
          to be                   to be            Offering Price            Aggregate            Registration
        Registered            Registered(1)         Per Share(2)         Offering Price(2)             Fee
--------------------------------------------------------------------------------------------------------------------
Common Stock, par value
<S>                            <C>                    <C>                 <C>                     <C>
$0.0001 per share               1,200,000              $ 4.03               $4,836,000                $191
--------------------------------------------------------------------------------------------------------------------
</TABLE>

-----------------------
(1)  Together  with an  indeterminate  number of  additional  shares that may be
     necessary to adjust the number of shares reserved for issuance  pursuant to
     the Energy  Services of America  Corporation  2009 Employee  Stock Purchase
     Plan  (the  "Stock  Benefit  Plan")  as a result  of a stock  split,  stock
     dividend or similar  adjustment of the  outstanding  common stock of Energy
     Services  of America  Corporation  (the  "Company")  pursuant  to 17 C.F.R.
     Section 230.416(a).
(2)  Estimated solely for the purpose of calculating the registration  fee. Such
     estimate has been  computed in  accordance  with Rule 457(h) based upon the
     average of the high and low prices of the Common  Stock as  reported on the
     American Stock Exchange on January 13, 2009, or $4.03 per share.

     This   Registration   Statement  shall  become  effective  upon  filing  in
accordance  with Section 8(a) of the Securities Act of 1933, as amended,  and 17
C.F.R. ss. 230.462.

                                       2

<PAGE>


PART I.

Items 1 and 2.   Plan Information and Registrant Information and Employee Plan
                 Annual Information

     The documents containing the information specified in Part I and II of Form
S-8 have been or will be sent or given to participants in the Stock Benefit Plan
as  specified  by Rule  428(b)(1)  promulgated  by the  Securities  and Exchange
Commission (the "Commission") under the Securities Act of 1933, as amended.

     Such  documents  are not being filed with the  Commission,  but  constitute
(along with the  documents  incorporated  by  reference  into this  Registration
Statement  pursuant  to Item 3 of Part II  hereof) a  prospectus  that meets the
requirements of Section 10(a) of the Securities Act.

PART II.

Item 3. Incorporation of Documents by Reference

     The  following   documents   previously  or  concurrently  filed  with  the
Commission are hereby incorporated by reference in this Registration Statement:

     a) The  Company's  Annual  Report on Form 10-K for the  fiscal  year  ended
September 30, 2008 (File No.  001-32998),  filed with the Commission on December
29, 2008  pursuant to Section 13(a) of the  Securities  Exchange Act of 1934, as
amended;

     b) All other  reports  filed by the Company  pursuant  to Section  13(a) or
15(d) of the Securities  Exchange Act of 1934, as amended,  since the end of the
year covered by the Annual Report on Form 10-K referred to in (a) above; and

     c)  The  description  of  the  Company's  Common  Stock  contained  in  the
Registration  Statement on Form 8-A filed with the Commission on August 25, 2006
(File No. 001-32998), as amended.

     All  documents  subsequently  filed  by the  Company  with  the  Commission
pursuant to Sections 13(a),  13(c), 14, or 15(d) of the Securities  Exchange Act
of 1934,  as  amended,  after  the date  hereof,  and  prior to the  filing of a
post-effective amendment which indicates that all securities offered hereby have
been sold or which  deregisters all securities then remaining  unsold,  shall be
deemed  incorporated by reference into this  Registration  Statement and to be a
part  thereof  from the date of the  filing  of such  documents.  Any  statement
contained  in the  documents  incorporated,  or  deemed to be  incorporated,  by
reference  herein or therein  shall be deemed to be modified or  superseded  for
purposes of this Registration  Statement and the prospectus to the extent that a
statement  contained  herein  or  therein  or in any  other  subsequently  filed
document which also is, or is deemed to be,  incorporated by reference herein or
therein modifies or supersedes such statement. Any such statement so modified or
superseded  shall  not be  deemed,  except  as so  modified  or  superseded,  to
constitute a part of this Registration Statement and the prospectus.

     All information appearing in this Registration Statement and the prospectus
is qualified in its entirety by the detailed  information,  including  financial
statements,  appearing  in the  documents  incorporated  herein  or  therein  by
reference.

Item 4.  Description of Securities

         Not applicable.

Item 5.  Interests of Named Experts and Counsel

         None.

                                       3
<page>


Item 6.  Indemnification of Directors and Officers

     The Company's  certificate  of  incorporation  provides that all directors,
officers,  employees  and  agents  of the  registrant  shall be  entitled  to be
indemnified by the Company to the fullest extent permitted by Section 145 of the
Delaware General Corporation Law.

     Section  145  of  the   Delaware   General   Corporation   Law   concerning
indemnification of officers, directors, employees and agents is set forth below.

     "Section 145. Indemnification of officers, directors, employees and agents;
insurance.

     (a) A corporation  shall have power to indemnify any person who was or is a
party  or is  threatened  to be  made a  party  to any  threatened,  pending  or
completed action, suit or proceeding, whether civil, criminal, administrative or
investigative  (other than an action by or in the right of the  corporation)  by
reason of the fact that the person is or was a  director,  officer,  employee or
agent of the corporation, or is or was serving at the request of the corporation
as a director,  officer, employee or agent of another corporation,  partnership,
joint venture, trust or other enterprise, against expenses (including attorneys'
fees),  judgments,  fines and amounts paid in settlement actually and reasonably
incurred by the person in connection with such action, suit or proceeding if the
person acted in good faith and in a manner the person reasonably  believed to be
in or not opposed to the best interests of the corporation, and, with respect to
any  criminal  action or  proceeding,  had no  reasonable  cause to believe  the
person's conduct was unlawful. The termination of any action, suit or proceeding
by judgment, order, settlement, conviction, or upon a plea of nolo contendere or
its equivalent,  shall not, of itself,  create a presumption that the person did
not act in good faith and in a manner which the person reasonably believed to be
in or not opposed to the best interests of the corporation, and, with respect to
any criminal  action or  proceeding,  had  reasonable  cause to believe that the
person's conduct was unlawful.

     (b) A corporation  shall have power to indemnify any person who was or is a
party  or is  threatened  to be  made a  party  to any  threatened,  pending  or
completed  action or suit by or in the  right of the  corporation  to  procure a
judgment  in its  favor by  reason  of the  fact  that  the  person  is or was a
director, officer, employee or agent of the corporation, or is or was serving at
the  request of the  corporation  as a director,  officer,  employee or agent of
another  corporation,  partnership,  joint  venture,  trust or other  enterprise
against expenses (including attorneys' fees) actually and reasonably incurred by
the person in  connection  with the defense or settlement of such action or suit
if the person acted in good faith and in a manner the person reasonably believed
to be in or not opposed to the best interests of the corporation and except that
no indemnification  shall be made in respect of any claim, issue or matter as to
which such  person  shall  have been  adjudged  to be liable to the  corporation
unless and only to the extent  that the Court of  Chancery or the court in which
such action or suit was brought shall determine upon application  that,  despite
the adjudication of liability but in view of all the  circumstances of the case,
such person is fairly and  reasonably  entitled to indemnity  for such  expenses
which the Court of Chancery or such other court shall deem proper.

     (c) To the  extent  that a  present  or former  director  or  officer  of a
corporation  has been  successful  on the merits or  otherwise in defense of any
action,  suit  or  proceeding  referred  to in  subsections  (a) and (b) of this
section, or in defense of any claim, issue or matter therein,  such person shall
be  indemnified  against  expenses  (including  attorneys'  fees)  actually  and
reasonably incurred by such person in connection therewith.

     (d) Any  indemnification  under  subsections  (a)  and (b) of this  section
(unless ordered by a court) shall be made by the corporation  only as authorized
in the specific case upon a determination that indemnification of the present or
former  director,  officer,  employee  or agent is proper  in the  circumstances
because  the  person has met the  applicable  standard  of conduct  set forth in
subsections (a) and (b) of this section.  Such determination shall be made, with
respect  to a  person  who  is a  director  or  officer  at  the  time  of  such
determination,  (1) by a majority  vote of the  directors who are not parties to
such action,  suit or  proceeding,  even though less than a quorum,  or (2) by a
committee of such directors designated by majority vote of such directors,  even
though  less than a quorum,  or (3) if there are no such  directors,  or if such
directors so direct, by independent  legal counsel in a written opinion,  or (4)
by the stockholders.

     (e) Expenses (including attorneys' fees) incurred by an officer or director
in defending any civil,  criminal,  administrative or investigative action, suit
or proceeding may be paid by the corporation in advance of the final disposition

                                       4

<page>

of such  action,  suit or  proceeding  upon receipt of an  undertaking  by or on
behalf of such  director or officer to repay such amount if it shall  ultimately
be  determined  that  such  person  is not  entitled  to be  indemnified  by the
corporation as authorized in this section.  Such expenses (including  attorneys'
fees)  incurred by former  directors and officers or other  employees and agents
may be so paid upon such terms and conditions,  if any, as the corporation deems
appropriate.

     (f) The indemnification and advancement of expenses provided by, or granted
pursuant to, the other subsections of this section shall not be deemed exclusive
of any other rights to which those seeking  indemnification  or  advancement  of
expenses may be entitled under any bylaw,  agreement,  vote of  stockholders  or
disinterested  directors  or  otherwise,  both as to  action  in  such  person's
official  capacity  and as to action in  another  capacity  while  holding  such
office.

     (g) A  corporation  shall have power to purchase and maintain  insurance on
behalf of any person who is or was a director, officer, employee or agent of the
corporation,  or is or was  serving  at the  request  of  the  corporation  as a
director, officer, employee or agent of another corporation,  partnership, joint
venture,  trust or other enterprise  against any liability asserted against such
person and incurred by such person in any such capacity,  or arising out of such
person's status as such,  whether or not the corporation would have the power to
indemnify such person against such liability under this section.

     (h) For purposes of this  section,  references to "the  corporation"  shall
include, in addition to the resulting corporation,  any constituent  corporation
(including  any  constituent of a constituent)  absorbed in a  consolidation  or
merger which, if its separate existence had continued,  would have had power and
authority to indemnify its directors, officers, and employees or agents, so that
any  person  who is or was a  director,  officer,  employee  or  agent  of  such
constituent corporation, or is or was serving at the request of such constituent
corporation as a director,  officer,  employee or agent of another  corporation,
partnership,  joint venture, trust or other enterprise,  shall stand in the same
position  under  this  section  with  respect  to  the  resulting  or  surviving
corporation  as  such  person  would  have  with  respect  to  such  constituent
corporation if its separate existence had continued.

     (i) For purposes of this section,  references to "other  enterprises" shall
include employee  benefit plans;  references to "fines" shall include any excise
taxes  assessed on a person  with  respect to any  employee  benefit  plan;  and
references  to  "serving at the request of the  corporation"  shall  include any
service as a  director,  officer,  employee  or agent of the  corporation  which
imposes duties on, or involves services by, such director,  officer, employee or
agent  with  respect  to  an  employee   benefit  plan,  its   participants   or
beneficiaries;  and a person who acted in good faith and in a manner such person
reasonably  believed to be in the interest of the participants and beneficiaries
of an  employee  benefit  plan  shall be deemed to have  acted in a manner  "not
opposed  to the  best  interests  of the  corporation"  as  referred  to in this
section.

     (j) The indemnification and advancement of expenses provided by, or granted
pursuant to, this section shall,  unless  otherwise  provided when authorized or
ratified,  continue  as to a person  who has ceased to be a  director,  officer,
employee  or agent and shall inure to the  benefit of the heirs,  executors  and
administrators of such a person.

     (k) The Court of Chancery is hereby vested with exclusive  jurisdiction  to
hear and determine all actions for  advancement  of expenses or  indemnification
brought under this section or under any bylaw,  agreement,  vote of stockholders
or disinterested  directors,  or otherwise.  The Court of Chancery may summarily
determine a corporation's  obligation to advance expenses (including  attorneys'
fees)."

     Insofar as indemnification for liabilities arising under the Securities Act
of 1933, as amended, may be permitted to the Company's directors,  officers, and
controlling  persons  pursuant to the foregoing  provisions,  or otherwise,  the
Company  has  been  advised  that  in  the  opinion  of  the   Commission   such
indemnification  is against  public policy as expressed in the Securities Act of
1933, as amended,  and is, therefore,  unenforceable.  In the event that a claim
for indemnification against such liabilities (other than the payment of expenses
incurred or paid by a director,  officer or  controlling  person in a successful
defense of any action, suit or proceeding) is asserted by such director, officer
or controlling  person in connection with the securities being  registered,  the
Company  will,  unless in the opinion of its counsel the matter has been settled
by controlling  precedent,  submit to the court of appropriate  jurisdiction the
question  whether  such  indemnification  by  it is  against  public  policy  as
expressed in the Securities Act of 1933, as amended, and will be governed by the
final adjudication of such issue.

                                       5

<page>
         Paragraph B of Article Eighth of the Company's Certificate of
Incorporation provides:

     "The  Corporation,  to the full extent permitted by Section 145 of the GCL,
as amended from time to time,  shall indemnify all persons whom it may indemnify
pursuant thereto. Expenses (including attorneys' fees) incurred by an officer or
director in defending  any civil,  criminal,  administrative,  or  investigative
action, suit or proceeding for which such officer or director may be entitled to
indemnification  hereunder  shall be paid by the  Corporation  in advance of the
final  disposition  of  such  action,  suit or  proceeding  upon  receipt  of an
undertaking  by or on behalf of such director or officer to repay such amount if
it shall  ultimately be determined  that he is not entitled to be indemnified by
the Corporation as authorized hereby."

     Pursuant  to  the  Underwriting  Agreement  filed  as  Exhibit  1.1  to the
Company's  Registration  Statement  on Form  S-1,  the  Company  has  agreed  to
indemnify  the  Underwriter  and the  Underwriter  has agreed to  indemnify  the
Company  against  certain civil  liabilities  that may be incurred in connection
with the stock offering,  including certain liabilities under the Securities Act
of 1933, as amended.

Item 7.  Exemption From Registration Claimed.

         Not applicable.

Item 8.  List of Exhibits.

Regulation S-K                                      Reference to Prior Filing or
Exhibit Number         Document                      Exhibit No. Attached Hereto
--------------         --------                      ---------------------------

4        Form of Common Stock Certificate                  *

5        Opinion of Luse Gorman Pomerenk & Schick, P.C.    Attached as Exhibit 5

10       Energy Services of America Corporation
         2009 Employee Stock Purchase Plan                 **

23.1     Consent of Luse Gorman Pomerenk & Schick, P.C.   Contained in Exhibit 5

23.2     Consent of Arnett & Foster P.L.L.C.            Attached as Exhibit 23.2

23.3     Consent of Castaing, Hussey & Lolan, LLC       Attached as Exhibit 23.3

23.4     Consent of Suttle & Stalmaker, PLLC            Attached as Exhibit 23.4

24       Power of Attorney                           Contained on Signature Page


*    Incorporated by reference to Exhibit 4.2 to the  Registration  Statement on
     Form S-1 (File No.  333-133111)  filed by the Company under the  Securities
     Act of 1933,  as amended,  with the  Commission  on April 7, 2006,  and all
     amendments or reports filed for the purpose of updating such description.
**   Incorporated  by  reference  to Appendix A to the proxy  statement  for the
     Annual Meeting of Stockholders  of Energy  Services of America  Corporation
     (File No. 001-32998), filed by Energy Services of America Corporation under
     the Securities Exchange Act of 1934, as amended, on October 16, 2008.

                                       6

<page>

Item 9.  Undertakings

         The undersigned Registrant hereby undertakes:

     1. To file,  during any period in which  offers or sales are being made,  a
post-effective  amendment to this Registration Statement to include any material
information with respect to the plan of distribution not previously disclosed in
this  Registration  Statement or any material change to such information in this
Registration Statement;

     2. That, for the purpose of determining  any liability under the Securities
Act of 1933, as amended,  each such post-effective  amendment shall be deemed to
be a new Registration  Statement relating to the securities offered therein, and
the offering of such  securities  at that time shall be deemed to be the initial
bona fide offering thereof;

     3. To remove from  registration by means of a post-effective  amendment any
of the securities being registered which remain unsold at the termination of the
Plan;

     4. That, for purposes of determining any liability under the Securities Act
of 1933, as amended,  each filing of the Registrant's  annual report pursuant to
Section  13(a)  or  15(d)  of the  Securities  Exchange  Act  of  1934  that  is
incorporated by reference in the Registration  Statement shall be deemed to be a
new Registration  Statement relating to the securities offered therein,  and the
offering of such  securities at that time shall be deemed to be the initial bona
fide offering thereof; and

     5. Insofar as indemnification  for liabilities arising under the Securities
Act of 1933, as amended, may be permitted to directors, officers and controlling
persons of the Registrant  pursuant to the foregoing  provisions,  or otherwise,
the  Registrant  has been  advised  that in the  opinion of the  Securities  and
Exchange  Commission such  indemnification is against public policy as expressed
in the Act and is,  therefore,  unenforceable.  In the  event  that a claim  for
indemnification  against  such  liabilities  (other  than  the  payment  by  the
Registrant of expenses  incurred or paid by a director,  officer or  controlling
person of the  Registrant  in the  successful  defense  of any  action,  suit or
proceeding)  is  asserted by such  director,  officer or  controlling  person in
connection with the securities being registered,  the Registrant will, unless in
the opinion of its counsel the matter has been settled by controlling precedent,
submit  to a  court  of  appropriate  jurisdiction  the  question  whether  such
indemnification  by it is against public policy as expressed in the Act and will
be governed by the final adjudication of such issue.

                                       7
<PAGE>



                                   SIGNATURES

         The Registrant. Pursuant to the requirements of the Securities Act of
1933, the Registrant certifies that it has reasonable grounds to believe that it
meets all of the requirements for filing on Form S-8 and has duly caused this
Registration Statement on Form S-8 to be signed on its behalf by the
undersigned, thereunto duly authorized, in the City of Huntington, West
Virginia, on this 14th day of January, 2009.


                                          ENERGY SERVICES OF AMERICA CORPORATION


                                         By:/s/ Marshall T. Reynolds
                                            ---------------------------------
                                            Marshall T. Reynolds
                                            Chairman and Chief Executive Officer
                                            (Duly Authorized Representative)

                                POWER OF ATTORNEY

     We, the  undersigned  directors and officers of Energy  Services of America
Corporation (the "Company") hereby severally  constitute and appoint Marshall T.
Reynolds, as our true and lawful attorney and agent, to do any and all things in
our names in the capacities  indicated below which said Marshall T. Reynolds may
deem  necessary or advisable to enable the Company to comply with the Securities
Act of 1933, as amended,  and any rules,  regulations  and  requirements  of the
Securities  and Exchange  Commission,  in connection  with the  registration  of
shares of common stock to be purchased  by eligible  employees  under the Energy
Services of America  Corporation  2009 Employee Stock  Purchase Plan,  including
specifically,  but not limited  to,  power and  authority  to sign for us in our
names in the capacities  indicated below the registration  statement and any and
all amendments  (including  post-effective  amendments)  thereto;  and we hereby
approve, ratify and confirm all that said Marshall T. Reynolds shall do or cause
to be done by virtue thereof.

     Pursuant  to  the   requirements  of  the  Securities  Act  of  1933,  this
Registration  Statement on Form S-8 has been signed by the following  persons in
the capacities and on the date indicated.


Signatures                     Title                                 Date
----------                     -----                                 ----


/s/ Marshall T. Reynolds       Chairman and                  January 15, 2009
------------------------       Chief Executive Officer
Marshall T. Reynolds           (Principal Executive Officer)



/s/ Larry A. Blount            Secretary, Treasurer          January 15, 2009
---------------------          and Chief Financial Officer
Larry A. Blount                (Principal Financial and
                                Accounting Officer)


/s/ Edsel R. Burns              President and Director       January 15, 2009
---------------------
Edsel R. Burns




<PAGE>


/s/ Jack M. Reynolds            Director                    January 15, 2009
---------------------
Jack M. Reynolds



/s/ Neal W. Scaggs              Director                    January 15, 2009
---------------------
Neal W. Scaggs



/s/ Joseph L. Williams          Director                    January 15, 2009
---------------------
Joseph L. Williams



/s/ Richard M. Adams, Jr.       Director                     January 15, 2009
---------------------
Richard M. Adams, Jr.



/s/ Keith Molihan               Director                     January 15, 2009
---------------------
Keith Molihan



/s/ Douglas Reynolds            Director                     January 15, 2009
---------------------
Douglas Reynolds



/s/ Eric Dosch                  Director                     January 15, 2009
---------------------
Eric Dosch



/s/ James Shafer                Director                     January 15, 2009
---------------------
James Shafer

<PAGE>



                                  EXHIBIT INDEX

Regulation S-K                                      Reference to Prior Filing or
Exhibit Number               Document                Exhibit No. Attached Hereto


4        Form of Common Stock Certificate                   *

5        Opinion of Luse Gorman Pomerenk & Schick, P.C.    Attached as Exhibit 5

10       Energy Services of America Corporation
          2009 Employee Stock Purchase Plan                 **

23.1     Consent of Luse Gorman Pomerenk & Schick, P.C.   Contained in Exhibit 5

23.2     Consent of Arnett & Foster P.L.L.C.            Attached as Exhibit 23.2

23.3     Consent of Castaing, Hussey & Lolan, LLC       Attached as Exhibit 23.3

23.4     Consent of Suttle & Stalmaker, PLLC            Attached as Exhibit 23.4

24       Power of Attorney                           Contained on Signature Page

*    Incorporated by reference to Exhibit 4.2 to the  Registration  Statement on
     Form S-1 (File No.  333-133111)  filed by the Company under the  Securities
     Act of 1933,  as amended,  with the  Commission  on April 7, 2006,  and all
     amendments or reports filed for the purpose of updating such description.

**   Incorporated  by  reference  to Appendix A to the proxy  statement  for the
     Annual Meeting of Stockholders  of Energy  Services of America  Corporation
     (File No. 001-32998), filed by Energy Services of America Corporation under
     the Securities Exchange Act of 1934, as amended, on October 16, 2008.
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Registration No. 333-_________

    As filed with the Securities and Exchange Commission on January 15, 2009

                                 UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                              ___________________

                                    FORM S-8

                             REGISTRATION STATEMENT
                                     UNDER
                           THE SECURITIES ACT OF 1933

                     Energy Services of America Corporation
             (Exact Name of Registrant as Specified in its Charter)

         Delaware                                       20-4606266
(State or Other Jurisdiction of             (I.R.S. Employer Identification No.)
Incorporation or Organization)

                               100 Industrial Lane
                      Huntington, West Virginia 25702-9694
                    (Address of Principal Executive Offices)

                     Energy Services of America Corporation
                        2009 Employee Stock Purchase Plan
                            (Full Title of the Plan)

                                   Copies to:

Mr. Edsel R. Burns                              Norma M. Sharara, Esquire
President                                  Luse  Gorman Pomerenk & Schick, P.C.
Energy Services of America Corporation     5335 Wisconsin  Ave., N.W., Suite 400
100 Industrial Lane                              Washington, DC 20015-2035
Huntington, West Virginia 25702-9694                 (202) 274-2000
(304) 399-6315
(Name, Address and Telephone Number
 of Agent for Service)

Indicate by check mark whether the registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer, or a smaller reporting company. See
the definitions of "large accelerated filer," "accelerated filer" and "smaller
reporting company" in Rule 12b-2 of the Securities Exchange Act of 1934, as
amended. (Check one):

Large accelerated filer [ ]    Accelerated filer [ ]  Non-accelerated filer  [ ]
Smaller reporting company [X]
CALCULATION OF REGISTRATION FEE

====================================================================================================================
         Title of                                     Proposed               Proposed
        Securities                Amount               Maximum                Maximum               Amount of
          to be                   to be            Offering Price            Aggregate            Registration
        Registered            Registered(1)         Per Share(2)         Offering Price(2)             Fee
--------------------------------------------------------------------------------------------------------------------
Common Stock, par value
$0.0001 per share               1,200,000              $ 4.03               $4,836,000                $191
--------------------------------------------------------------------------------------------------------------------
-----------------------
(1)  Together  with an  indeterminate  number of  additional  shares that may be
     necessary to adjust the number of shares reserved for issuance  pursuant to
     the Energy  Services of America  Corporation  2009 Employee  Stock Purchase
     Plan  (the  "Stock  Benefit  Plan")  as a result  of a stock  split,  stock
     dividend or similar  adjustment of the  outstanding  common stock of Energy
     Services  of America  Corporation  (the  "Company")  pursuant  to 17 C.F.R.
     Section 230.416(a).
(2)  Estimated solely for the purpose of calculating the registration  fee. Such
     estimate has been  computed in  accordance  with Rule 457(h) based upon the
     average of the high and low prices of the Common  Stock as  reported on the
     American Stock Exchange on January 13, 2009, or $4.03 per share.

     This   Registration   Statement  shall  become  effective  upon  filing  in
accordance  with Section 8(a) of the Securities Act of 1933, as amended,  and 17
C.F.R. ss. 230.462.

                                       2
PART I.

Items 1 and 2.   Plan Information and Registrant Information and Employee Plan
                 Annual Information

     The documents containing the information specified in Part I and II of Form
S-8 have been or will be sent or given to participants in the Stock Benefit Plan
as  specified  by Rule  428(b)(1)  promulgated  by the  Securities  and Exchange
Commission (the "Commission") under the Securities Act of 1933, as amended.

     Such  documents  are not being filed with the  Commission,  but  constitute
(along with the  documents  incorporated  by  reference  into this  Registration
Statement  pursuant  to Item 3 of Part II  hereof) a  prospectus  that meets the
requirements of Section 10(a) of the Securities Act.

PART II.

Item 3. Incorporation of Documents by Reference

     The  following   documents   previously  or  concurrently  filed  with  the
Commission are hereby incorporated by reference in this Registration Statement:

     a) The  Company's  Annual  Report on Form 10-K for the  fiscal  year  ended
September 30, 2008 (File No.  001-32998),  filed with the Commission on December
29, 2008  pursuant to Section 13(a) of the  Securities  Exchange Act of 1934, as
amended;

     b) All other  reports  filed by the Company  pursuant  to Section  13(a) or
15(d) of the Securities  Exchange Act of 1934, as amended,  since the end of the
year covered by the Annual Report on Form 10-K referred to in (a) above; and

     c)  The  description  of  the  Company's  Common  Stock  contained  in  the
Registration  Statement on Form 8-A filed with the Commission on August 25, 2006
(File No. 001-32998), as amended.

     All  documents  subsequently  filed  by the  Company  with  the  Commission
pursuant to Sections 13(a),  13(c), 14, or 15(d) of the Securities  Exchange Act
of 1934,  as  amended,  after  the date  hereof,  and  prior to the  filing of a
post-effective amendment which indicates that all securities offered hereby have
been sold or which  deregisters all securities then remaining  unsold,  shall be
deemed  incorporated by reference into this  Registration  Statement and to be a
part  thereof  from the date of the  filing  of such  documents.  Any  statement
contained  in the  documents  incorporated,  or  deemed to be  incorporated,  by
reference  herein or therein  shall be deemed to be modified or  superseded  for
purposes of this Registration  Statement and the prospectus to the extent that a
statement  contained  herein  or  therein  or in any  other  subsequently  filed
document which also is, or is deemed to be,  incorporated by reference herein or
therein modifies or supersedes such statement. Any such statement so modified or
superseded  shall  not be  deemed,  except  as so  modified  or  superseded,  to
constitute a part of this Registration Statement and the prospectus.

     All information appearing in this Registration Statement and the prospectus
is qualified in its entirety by the detailed  information,  including  financial
statements,  appearing  in the  documents  incorporated  herein  or  therein  by
reference.

Item 4.  Description of Securities

         Not applicable.

Item 5.  Interests of Named Experts and Counsel

         None.

                                       3
Item 6.  Indemnification of Directors and Officers

     The Company's  certificate  of  incorporation  provides that all directors,
officers,  employees  and  agents  of the  registrant  shall be  entitled  to be
indemnified by the Company to the fullest extent permitted by Section 145 of the
Delaware General Corporation Law.

     Section  145  of  the   Delaware   General   Corporation   Law   concerning
indemnification of officers, directors, employees and agents is set forth below.

     "Section 145. Indemnification of officers, directors, employees and agents;
insurance.

     (a) A corporation  shall have power to indemnify any person who was or is a
party  or is  threatened  to be  made a  party  to any  threatened,  pending  or
completed action, suit or proceeding, whether civil, criminal, administrative or
investigative  (other than an action by or in the right of the  corporation)  by
reason of the fact that the person is or was a  director,  officer,  employee or
agent of the corporation, or is or was serving at the request of the corporation
as a director,  officer, employee or agent of another corporation,  partnership,
joint venture, trust or other enterprise, against expenses (including attorneys'
fees),  judgments,  fines and amounts paid in settlement actually and reasonably
incurred by the person in connection with such action, suit or proceeding if the
person acted in good faith and in a manner the person reasonably  believed to be
in or not opposed to the best interests of the corporation, and, with respect to
any  criminal  action or  proceeding,  had no  reasonable  cause to believe  the
person's conduct was unlawful. The termination of any action, suit or proceeding
by judgment, order, settlement, conviction, or upon a plea of nolo contendere or
its equivalent,  shall not, of itself,  create a presumption that the person did
not act in good faith and in a manner which the person reasonably believed to be
in or not opposed to the best interests of the corporation, and, with respect to
any criminal  action or  proceeding,  had  reasonable  cause to believe that the
person's conduct was unlawful.

     (b) A corporation  shall have power to indemnify any person who was or is a
party  or is  threatened  to be  made a  party  to any  threatened,  pending  or
completed  action or suit by or in the  right of the  corporation  to  procure a
judgment  in its  favor by  reason  of the  fact  that  the  person  is or was a
director, officer, employee or agent of the corporation, or is or was serving at
the  request of the  corporation  as a director,  officer,  employee or agent of
another  corporation,  partnership,  joint  venture,  trust or other  enterprise
against expenses (including attorneys' fees) actually and reasonably incurred by
the person in  connection  with the defense or settlement of such action or suit
if the person acted in good faith and in a manner the person reasonably believed
to be in or not opposed to the best interests of the corporation and except that
no indemnification  shall be made in respect of any claim, issue or matter as to
which such  person  shall  have been  adjudged  to be liable to the  corporation
unless and only to the extent  that the Court of  Chancery or the court in which
such action or suit was brought shall determine upon application  that,  despite
the adjudication of liability but in view of all the  circumstances of the case,
such person is fairly and  reasonably  entitled to indemnity  for such  expenses
which the Court of Chancery or such other court shall deem proper.

     (c) To the  extent  that a  present  or former  director  or  officer  of a
corporation  has been  successful  on the merits or  otherwise in defense of any
action,  suit  or  proceeding  referred  to in  subsections  (a) and (b) of this
section, or in defense of any claim, issue or matter therein,  such person shall
be  indemnified  against  expenses  (including  attorneys'  fees)  actually  and
reasonably incurred by such person in connection therewith.

     (d) Any  indemnification  under  subsections  (a)  and (b) of this  section
(unless ordered by a court) shall be made by the corporation  only as authorized
in the specific case upon a determination that indemnification of the present or
former  director,  officer,  employee  or agent is proper  in the  circumstances
because  the  person has met the  applicable  standard  of conduct  set forth in
subsections (a) and (b) of this section.  Such determination shall be made, with
respect  to a  person  who  is a  director  or  officer  at  the  time  of  such
determination,  (1) by a majority  vote of the  directors who are not parties to
such action,  suit or  proceeding,  even though less than a quorum,  or (2) by a
committee of such directors designated by majority vote of such directors,  even
though  less than a quorum,  or (3) if there are no such  directors,  or if such
directors so direct, by independent  legal counsel in a written opinion,  or (4)
by the stockholders.

     (e) Expenses (including attorneys' fees) incurred by an officer or director
in defending any civil,  criminal,  administrative or investigative action, suit
or proceeding may be paid by the corporation in advance of the final disposition

                                       4
of such  action,  suit or  proceeding  upon receipt of an  undertaking  by or on
behalf of such  director or officer to repay such amount if it shall  ultimately
be  determined  that  such  person  is not  entitled  to be  indemnified  by the
corporation as authorized in this section.  Such expenses (including  attorneys'
fees)  incurred by former  directors and officers or other  employees and agents
may be so paid upon such terms and conditions,  if any, as the corporation deems
appropriate.

     (f) The indemnification and advancement of expenses provided by, or granted
pursuant to, the other subsections of this section shall not be deemed exclusive
of any other rights to which those seeking  indemnification  or  advancement  of
expenses may be entitled under any bylaw,  agreement,  vote of  stockholders  or
disinterested  directors  or  otherwise,  both as to  action  in  such  person's
official  capacity  and as to action in  another  capacity  while  holding  such
office.

     (g) A  corporation  shall have power to purchase and maintain  insurance on
behalf of any person who is or was a director, officer, employee or agent of the
corporation,  or is or was  serving  at the  request  of  the  corporation  as a
director, officer, employee or agent of another corporation,  partnership, joint
venture,  trust or other enterprise  against any liability asserted against such
person and incurred by such person in any such capacity,  or arising out of such
person's status as such,  whether or not the corporation would have the power to
indemnify such person against such liability under this section.

     (h) For purposes of this  section,  references to "the  corporation"  shall
include, in addition to the resulting corporation,  any constituent  corporation
(including  any  constituent of a constituent)  absorbed in a  consolidation  or
merger which, if its separate existence had continued,  would have had power and
authority to indemnify its directors, officers, and employees or agents, so that
any  person  who is or was a  director,  officer,  employee  or  agent  of  such
constituent corporation, or is or was serving at the request of such constituent
corporation as a director,  officer,  employee or agent of another  corporation,
partnership,  joint venture, trust or other enterprise,  shall stand in the same
position  under  this  section  with  respect  to  the  resulting  or  surviving
corporation  as  such  person  would  have  with  respect  to  such  constituent
corporation if its separate existence had continued.

     (i) For purposes of this section,  references to "other  enterprises" shall
include employee  benefit plans;  references to "fines" shall include any excise
taxes  assessed on a person  with  respect to any  employee  benefit  plan;  and
references  to  "serving at the request of the  corporation"  shall  include any
service as a  director,  officer,  employee  or agent of the  corporation  which
imposes duties on, or involves services by, such director,  officer, employee or
agent  with  respect  to  an  employee   benefit  plan,  its   participants   or
beneficiaries;  and a person who acted in good faith and in a manner such person
reasonably  believed to be in the interest of the participants and beneficiaries
of an  employee  benefit  plan  shall be deemed to have  acted in a manner  "not
opposed  to the  best  interests  of the  corporation"  as  referred  to in this
section.

     (j) The indemnification and advancement of expenses provided by, or granted
pursuant to, this section shall,  unless  otherwise  provided when authorized or
ratified,  continue  as to a person  who has ceased to be a  director,  officer,
employee  or agent and shall inure to the  benefit of the heirs,  executors  and
administrators of such a person.

     (k) The Court of Chancery is hereby vested with exclusive  jurisdiction  to
hear and determine all actions for  advancement  of expenses or  indemnification
brought under this section or under any bylaw,  agreement,  vote of stockholders
or disinterested  directors,  or otherwise.  The Court of Chancery may summarily
determine a corporation's  obligation to advance expenses (including  attorneys'
fees)."

     Insofar as indemnification for liabilities arising under the Securities Act
of 1933, as amended, may be permitted to the Company's directors,  officers, and
controlling  persons  pursuant to the foregoing  provisions,  or otherwise,  the
Company  has  been  advised  that  in  the  opinion  of  the   Commission   such
indemnification  is against  public policy as expressed in the Securities Act of
1933, as amended,  and is, therefore,  unenforceable.  In the event that a claim
for indemnification against such liabilities (other than the payment of expenses
incurred or paid by a director,  officer or  controlling  person in a successful
defense of any action, suit or proceeding) is asserted by such director, officer
or controlling  person in connection with the securities being  registered,  the
Company  will,  unless in the opinion of its counsel the matter has been settled
by controlling  precedent,  submit to the court of appropriate  jurisdiction the
question  whether  such  indemnification  by  it is  against  public  policy  as
expressed in the Securities Act of 1933, as amended, and will be governed by the
final adjudication of such issue.

                                       5
Paragraph B of Article Eighth of the Company's Certificate of
Incorporation provides:

     "The  Corporation,  to the full extent permitted by Section 145 of the GCL,
as amended from time to time,  shall indemnify all persons whom it may indemnify
pursuant thereto. Expenses (including attorneys' fees) incurred by an officer or
director in defending  any civil,  criminal,  administrative,  or  investigative
action, suit or proceeding for which such officer or director may be entitled to
indemnification  hereunder  shall be paid by the  Corporation  in advance of the
final  disposition  of  such  action,  suit or  proceeding  upon  receipt  of an
undertaking  by or on behalf of such director or officer to repay such amount if
it shall  ultimately be determined  that he is not entitled to be indemnified by
the Corporation as authorized hereby."

     Pursuant  to  the  Underwriting  Agreement  filed  as  Exhibit  1.1  to the
Company's  Registration  Statement  on Form  S-1,  the  Company  has  agreed  to
indemnify  the  Underwriter  and the  Underwriter  has agreed to  indemnify  the
Company  against  certain civil  liabilities  that may be incurred in connection
with the stock offering,  including certain liabilities under the Securities Act
of 1933, as amended.

Item 7.  Exemption From Registration Claimed.

         Not applicable.

Item 8.  List of Exhibits.

Regulation S-K                                      Reference to Prior Filing or
Exhibit Number         Document                      Exhibit No. Attached Hereto
--------------         --------                      ---------------------------

4        Form of Common Stock Certificate                  *

5        Opinion of Luse Gorman Pomerenk & Schick, P.C.    Attached as Exhibit 5

10       Energy Services of America Corporation
         2009 Employee Stock Purchase Plan                 **

23.1     Consent of Luse Gorman Pomerenk & Schick, P.C.   Contained in Exhibit 5

23.2     Consent of Arnett & Foster P.L.L.C.            Attached as Exhibit 23.2

23.3     Consent of Castaing, Hussey & Lolan, LLC       Attached as Exhibit 23.3

23.4     Consent of Suttle & Stalmaker, PLLC            Attached as Exhibit 23.4

24       Power of Attorney                           Contained on Signature Page

*    Incorporated by reference to Exhibit 4.2 to the  Registration  Statement on
     Form S-1 (File No.  333-133111)  filed by the Company under the  Securities
     Act of 1933,  as amended,  with the  Commission  on April 7, 2006,  and all
     amendments or reports filed for the purpose of updating such description.
**   Incorporated  by  reference  to Appendix A to the proxy  statement  for the
     Annual Meeting of Stockholders  of Energy  Services of America  Corporation
     (File No. 001-32998), filed by Energy Services of America Corporation under
     the Securities Exchange Act of 1934, as amended, on October 16, 2008.

                                       6
Item 9.  Undertakings

         The undersigned Registrant hereby undertakes:

     1. To file,  during any period in which  offers or sales are being made,  a
post-effective  amendment to this Registration Statement to include any material
information with respect to the plan of distribution not previously disclosed in
this  Registration  Statement or any material change to such information in this
Registration Statement;

     2. That, for the purpose of determining  any liability under the Securities
Act of 1933, as amended,  each such post-effective  amendment shall be deemed to
be a new Registration  Statement relating to the securities offered therein, and
the offering of such  securities  at that time shall be deemed to be the initial
bona fide offering thereof;

     3. To remove from  registration by means of a post-effective  amendment any
of the securities being registered which remain unsold at the termination of the
Plan;

     4. That, for purposes of determining any liability under the Securities Act
of 1933, as amended,  each filing of the Registrant's  annual report pursuant to
Section  13(a)  or  15(d)  of the  Securities  Exchange  Act  of  1934  that  is
incorporated by reference in the Registration  Statement shall be deemed to be a
new Registration  Statement relating to the securities offered therein,  and the
offering of such  securities at that time shall be deemed to be the initial bona
fide offering thereof; and

     5. Insofar as indemnification  for liabilities arising under the Securities
Act of 1933, as amended, may be permitted to directors, officers and controlling
persons of the Registrant  pursuant to the foregoing  provisions,  or otherwise,
the  Registrant  has been  advised  that in the  opinion of the  Securities  and
Exchange  Commission such  indemnification is against public policy as expressed
in the Act and is,  therefore,  unenforceable.  In the  event  that a claim  for
indemnification  against  such  liabilities  (other  than  the  payment  by  the
Registrant of expenses  incurred or paid by a director,  officer or  controlling
person of the  Registrant  in the  successful  defense  of any  action,  suit or
proceeding)  is  asserted by such  director,  officer or  controlling  person in
connection with the securities being registered,  the Registrant will, unless in
the opinion of its counsel the matter has been settled by controlling precedent,
submit  to a  court  of  appropriate  jurisdiction  the  question  whether  such
indemnification  by it is against public policy as expressed in the Act and will
be governed by the final adjudication of such issue.

                                       7
SIGNATURES

         The Registrant. Pursuant to the requirements of the Securities Act of
1933, the Registrant certifies that it has reasonable grounds to believe that it
meets all of the requirements for filing on Form S-8 and has duly caused this
Registration Statement on Form S-8 to be signed on its behalf by the
undersigned, thereunto duly authorized, in the City of Huntington, West
Virginia, on this 14th day of January, 2009.

                                          ENERGY SERVICES OF AMERICA CORPORATION

                                         By:/s/ Marshall T. Reynolds
                                            ---------------------------------
                                            Marshall T. Reynolds
                                            Chairman and Chief Executive Officer
                                            (Duly Authorized Representative)

                                POWER OF ATTORNEY

     We, the  undersigned  directors and officers of Energy  Services of America
Corporation (the "Company") hereby severally  constitute and appoint Marshall T.
Reynolds, as our true and lawful attorney and agent, to do any and all things in
our names in the capacities  indicated below which said Marshall T. Reynolds may
deem  necessary or advisable to enable the Company to comply with the Securities
Act of 1933, as amended,  and any rules,  regulations  and  requirements  of the
Securities  and Exchange  Commission,  in connection  with the  registration  of
shares of common stock to be purchased  by eligible  employees  under the Energy
Services of America  Corporation  2009 Employee Stock  Purchase Plan,  including
specifically,  but not limited  to,  power and  authority  to sign for us in our
names in the capacities  indicated below the registration  statement and any and
all amendments  (including  post-effective  amendments)  thereto;  and we hereby
approve, ratify and confirm all that said Marshall T. Reynolds shall do or cause
to be done by virtue thereof.

     Pursuant  to  the   requirements  of  the  Securities  Act  of  1933,  this
Registration  Statement on Form S-8 has been signed by the following  persons in
the capacities and on the date indicated.

Signatures                     Title                                 Date
----------                     -----                                 ----

/s/ Marshall T. Reynolds       Chairman and                  January 15, 2009
------------------------       Chief Executive Officer
Marshall T. Reynolds           (Principal Executive Officer)

/s/ Larry A. Blount            Secretary, Treasurer          January 15, 2009
---------------------          and Chief Financial Officer
Larry A. Blount                (Principal Financial and
                                Accounting Officer)

/s/ Edsel R. Burns              President and Director       January 15, 2009
---------------------
Edsel R. Burns
/s/ Jack M. Reynolds            Director                    January 15, 2009
---------------------
Jack M. Reynolds

/s/ Neal W. Scaggs              Director                    January 15, 2009
---------------------
Neal W. Scaggs

/s/ Joseph L. Williams          Director                    January 15, 2009
---------------------
Joseph L. Williams

/s/ Richard M. Adams, Jr.       Director                     January 15, 2009
---------------------
Richard M. Adams, Jr.

/s/ Keith Molihan               Director                     January 15, 2009
---------------------
Keith Molihan

/s/ Douglas Reynolds            Director                     January 15, 2009
---------------------
Douglas Reynolds

/s/ Eric Dosch                  Director                     January 15, 2009
---------------------
Eric Dosch

/s/ James Shafer                Director                     January 15, 2009
---------------------
James Shafer
EXHIBIT INDEX

Regulation S-K                                      Reference to Prior Filing or
Exhibit Number               Document                Exhibit No. Attached Hereto

4        Form of Common Stock Certificate                   *

5        Opinion of Luse Gorman Pomerenk & Schick, P.C.    Attached as Exhibit 5

10       Energy Services of America Corporation
          2009 Employee Stock Purchase Plan                 **

23.1     Consent of Luse Gorman Pomerenk & Schick, P.C.   Contained in Exhibit 5

23.2     Consent of Arnett & Foster P.L.L.C.            Attached as Exhibit 23.2

23.3     Consent of Castaing, Hussey & Lolan, LLC       Attached as Exhibit 23.3

23.4     Consent of Suttle & Stalmaker, PLLC            Attached as Exhibit 23.4

24       Power of Attorney                           Contained on Signature Page

*    Incorporated by reference to Exhibit 4.2 to the  Registration  Statement on
     Form S-1 (File No.  333-133111)  filed by the Company under the  Securities
     Act of 1933,  as amended,  with the  Commission  on April 7, 2006,  and all
     amendments or reports filed for the purpose of updating such description.

**   Incorporated  by  reference  to Appendix A to the proxy  statement  for the
     Annual Meeting of Stockholders  of Energy  Services of America  Corporation
     (File No. 001-32998), filed by Energy Services of America Corporation under
     the Securities Exchange Act of 1934, as amended, on October 16, 2008.