Mining Incidents

Broe Companies Inc: 1 recorded fatality controller

MSHA controller ID: 0047609

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Fatalities
1
Total incidents
46
Mines on record
7
Years on record
2005–2009
Compliance record
MSHA citations since 2005
1,703
citations
832
significant & substantial
$1,121,625
proposed penalties
$385,208
paid to date
34% of proposed penalties paid to date, a $736,417 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
128
inspections on record
8,039
inspection hours
21.2
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.
1,703 citations across 8,039 inspection hours.
Source: MSHA inspections data, 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.
$1.1M
proposed penalties
$726K
current assessed
$385K
paid to date
$341K
outstanding
1,612 assessments are final orders; 52 contested dockets.
Of $719K in penalties contested before the Commission, $323K was upheld in final decisions.
As of the most recent assessment on 2009-06-02.
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.
50.6%
significant & substantial
5.6%
high negligence or reckless
50.6%
reasonably likely or greater
5.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.9% low, 89.5% moderate, 5.3% high, 0.3% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2010
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 3.96 and the all-US-mining average was 3.20 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
2010 * 0.00 0.00 0.000
2009 * 5.44 2.72 0.000
2008 7.30 4.17 1.043
2007 1.99 0.00 0.000
2006 4.66 1.86 0.000
2005 13.25 8.37 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: 2009-05-06, 17 years ago
91%
within 1.5 mg/m3
496
samples
7.89
dust max (mg/m3)
295 samples taken by MSHA inspectors, 201 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR149
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)37
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)37

Silica (quartz)

Last sampled: 2009-03-18, 17 years ago
11.0
silica avg (%)
52
samples
39.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR28
  • HIGHLIFT OPERATOR/FRONT END LOADER1
  • OILER/GREASER1

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: 2009-05-06, 17 years ago
15%
over PEL
93
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR14
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)12
  • CONTINUOUS MINER HELPER9
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.
359 citations taken to the federal commission · 21% of citations on record
  • Settled 215 · 60%
  • Stood as issued 144 · 40%
100%
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 181 decided S&S contests · industry: 79%
55%
Penalty reduction in decided contests
$719K proposed, $323K 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 2009-04-29. 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 2009-989 Settlement McCarthy 2011 $280K → $85K
KENT 2008-1389 Settlement McCarthy 2011 $85K → $21K
KENT 2008-759 Settlement Melick 2009 $61K → $40K
KENT 2009-19 Settlement McCarthy 2011 $39K → $11K
KENT 2007-251 Default Lesnick 2009 $22K → $22K
KENT 2006-365 Default Lesnick 2007 $22K → $22K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2009
3
2008
7 (1f)
2007
4
2006
10
2005
22

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
July 17, 2008 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator Fatality · POWERED HAULAGE
Century Operations LLC · Caught in, under or between a moving and a stationary object

Unknown, most likely human error. Employee passed away on 7/25/08.

For insurers, brokers, and safety consultants

Where Broe Companies Inc 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.

The federal record itself stays free on this site. What costs money, and why.

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