Mining Incidents

Benjamin R. Bennett: 7 recorded fatalities controller

MSHA controller ID: C00015

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Fatalities
7
Total incidents
1,225
Mines on record
47
Years on record
1983–2013
Compliance record
MSHA citations since 2000
8,274
citations
3,175
significant & substantial
$7,860,436
proposed penalties
$1,551,831
paid to date
20% of proposed penalties paid to date, a $6,308,605 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
1,620
inspections on record
64,412
inspection hours
12.8
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.
8,274 citations across 64,412 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
6
Section 107(a) orders
Most recent order: 2011-08-31.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.
Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$7.9M
proposed penalties
$6.2M
current assessed
$1.6M
paid to date
$4.6M
outstanding
7,954 assessments are final orders; 579 contested dockets.
Of $7.2M in penalties contested before the Commission, $5.6M was upheld in final decisions.
As of the most recent assessment on 2015-04-03.
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.
39.8%
significant & substantial
4.5%
high negligence or reckless
40.5%
reasonably likely or greater
8.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.0% low, 90.5% moderate, 3.9% high, 0.5% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2016
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.79 and the all-US-mining average was 2.59 cases per 100 workers.
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
2016 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 3.46 0.00 0.000
2012 5.41 1.08 0.000
2011 7.10 2.18 0.546
2010 18.94 10.44 0.000
2009 8.98 7.18 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.
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: 2021-03-17, 5 years ago
94%
within 1.5 mg/m3
6,477
samples
15.81
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.
3,662 samples taken by MSHA inspectors, 2,815 by the operator.
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR1,440
  • CONTINUOUS MINER OPERATOR1,431
  • BULLDOZER OPERATOR257

Silica (quartz)

Last sampled: 2015-03-24, 11 years ago
7.4
silica avg (%)
512
samples
34.6
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR106
  • MOBILE BRIDGE OPERATOR97
  • BULLDOZER OPERATOR25

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.

Last sampled: 2021-03-17, 5 years ago
11%
over PEL
1,136
samples
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR150
  • CONTINUOUS MINER OPERATOR137
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)91
Source: MSHA respirable dust, quartz, and noise sampling records, 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.
3,801 citations taken to the federal commission · 46% of citations on record
  • Settled 3,180 · 84%
  • Stood as issued 617 · 16%
  • Vacated or withdrawn 3 · 0%
  • Still open 1 · 0%
89%
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 2,085 decided S&S contests · industry: 79%
23%
Penalty reduction in decided contests
$7.1M proposed, $5.4M 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 2014-06-02. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
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 controller contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
KENT 2012-1272 Dismissal Barbour 2014 $594K → $594K
KENT 2008-737 Prevail Feldman 2013 $417K → $36K
KENT 2011-1046 Dismissal Andrews 2014 $303K → $303K
KENT 2012-725 Settlement Barbour 2013 $280K → $144K
KENT 2012-727 Prevail Barbour 2014 $260K → $260K
KENT 2011-1372 Dismissal Andrews 2014 $229K → $229K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2013
2
2012
8
2011
19 (1f)
2010
53
2009
26
2008
25
2007
33
2006
28
2005
13
2004
8
2003
24
2002
40
2001
55
2000
51 (1f)
1999
43
1998
60 (1f)
1997
61
1996
70 (1f)
1995
75
1994
76
1993
74
1992
88 (1f)
1991
55
1990
37
1989
35
1988
18
1987
35
1986
20
1985
12 (1f)
1984
29 (1f)
1983
52

Operators under this controller

Mines on record

Fatalities under this controller

7 recorded
June 29, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler Fatality · FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Manalapan Mining Co., Inc. · Struck by falling object

Employee was watching the cable on the dolly when the rib rolled off crushing him. Rib measured approximately 82 by 36 by 11 inches.

August 15, 2000 KY · Coal continuous miner operator, coal mole operator Fatality · MACHINERY
Manalapan Mining Company Inc · Caught in, under or between a moving and a stationary object

THE FATALLY INJ PERSON WAS TRAMMING THE JOY CONTMINER ACROSS THE SECTION WHEN HE STOPPED TO THROW THE MINER CABLE OUT OF THE WAY-HE WAS BETWEEN THE MINER & COAL RIB. IN THE PROCESS OF THROWING THE CABLE HE INADVERNTLY HIT THE TRAM LEVER CAUSING THE MINER TO SLIDE INTO THE RT RIB CRUSHING HIM

August 19, 1998 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · POWERED HAULAGE
Cloverfork Mining & Excavating Inc · Caught in, under or between a moving and a stationary object

VICTIM HAD LEFT THE SURFACE MINE AREA WITH A LOAD OF COAL. HIS TRUCK WAS LATER DISCOVERED OVERTURNED ON THE HAUL ROAD WITH VICTIM UNDERNEATH. ITAPPEARED THAT VICTIM HAD LOST CONTROL OF THE VEH ICLE AND HAD JUMPED BECAUSE THE VEHICLE APPEAREDTO BE HEADED OVER AN EMBANKMENT.

March 20, 1996 KY · Coal scoop car operator Fatality · POWERED HAULAGE
Manalapan Mining Company Inc · Caught in, under or between (Not Elsewhere Classified)

INJURED WAS ATTEMPTING TO SCOOP FROM BEHIND THE #1 BRIDGE CARRIER WHEN HIS SCOOP MUST HAVE BECOME LODGED AND OR HUNG AGAINST THE LO-LO BELT STRUCTURE OR POSSIBLY THE SOFT MINE FLOOR.WHEN THE S COOP DISLODGED/UNHUNG THE MOMENTUM WAS SO GREAT THAT THE SCOOP LUNGED FORWARD FORCING THE DECK OF THE SCOOP UNDERNEATH THE BRIDGE CONVEYOR TRAPPING VICTIM.THIS INFORMATION WAS OBTAINED BY EVI

September 9, 1992 KY · Coal scoop car operator Fatality · POWERED HAULAGE
Manalapan Mining Company Inc · Struck by powered moving object

A FATAL ACCIDENT OCCURRED ON 004-H WHEN CASWYTE EE WAS OPER ST SHUTTLE CAR. WHEN HIS BREAKER KNOCKED AND HE LOST POWER DOWN IN A SWAG DEPRESSION THE OTHER SHUTTLE CAR OPE BEING UNABLE TO SEE I N THE SWAG BECAUSE OF THE CANOPIES TRAMMED HIS SHUTTLE CAR DOWN INTO THE SWAG AN INTO THE OPERATOR DECK OF CAR OPERATER BY EE CRUSHING HIM.

November 7, 1984 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · FALL OF ROOF OR BACK
Manalapan Mining Company Inc · Struck by falling object

VICTIM WAS WALKING ALONG SIDE BOLT MACHINE WHEN A PIECE OF DRAW ROCK FELL ON HIM CAUSING FRACTURES OF SEVERAL RIBS & LEG & A PUNCTURED LUNG

For insurers, brokers, and safety consultants

Where Benjamin R. Bennett stands on silica, penalties, and injury rate

MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes dust and quartz as separate files and never the silica figure itself. We derive it per sample, score it against the limit, and set the operator's injury rate against a benchmark built from the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality history. Delivered as a PDF with the underlying data as CSV.

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