Mining Incidents

Carl Kirk: 2 recorded fatalities controller

MSHA controller ID: C05558

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Email me when a new MSHA incident is filed at any mine Carl Kirk controls.

Fatalities
2
Total incidents
432
Mines on record
41
Years on record
1983–2010
Compliance record
MSHA citations since 2000
3,020
citations
1,104
significant & substantial
$1,510,641
proposed penalties
$183,219
paid to date
12% of proposed penalties paid to date, a $1,327,422 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
566
inspections on record
20,320
inspection hours
14.9
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.
3,020 citations across 20,320 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.
$1.5M
proposed penalties
$1.5M
current assessed
$183K
paid to date
$1.3M
outstanding
2,922 assessments are final orders; 33 contested dockets.
Of $877K in penalties contested before the Commission, $839K was upheld in final decisions.
As of the most recent assessment on 2010-05-25.
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.
37.7%
significant & substantial
5.2%
high negligence or reckless
37.8%
reasonably likely or greater
13.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 8.3% low, 86.4% moderate, 4.5% high, 0.7% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2009
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.
6.54
total case rate
5.23
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
Year total case rate days-away fatal
2009 6.54 5.23 0.000
2008 1.12 0.56 0.000
2007 2.20 2.20 0.000
2006 7.36 6.44 0.000
2005 20.65 12.24 0.000
2004 16.79 10.68 0.000
2003 3.52 2.93 0.000
2002 0.54 0.54 0.000
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: 2009-07-28, 17 years ago
90%
within 1.5 mg/m3
3,848
samples
10.77
dust max (mg/m3)
1,971 samples taken by MSHA inspectors, 1,877 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR1,490
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)272
  • MOBILE BRIDGE OPERATOR247

Silica (quartz)

Last sampled: 2009-08-03, 17 years ago
7.2
silica avg (%)
344
samples
30.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR171
  • MOBILE BRIDGE OPERATOR22
  • CUTTING MACHINE OPERATOR8

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: 2009-07-15, 17 years ago
13%
over PEL
297
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)63
  • CONTINUOUS MINER OPERATOR59
  • SCOOP CAR OPERATOR35
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.
345 citations taken to the federal commission · 11% of citations on record
  • Settled 207 · 60%
  • Stood as issued 138 · 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 187 decided S&S contests · industry: 79%
4%
Penalty reduction in decided contests
$846K proposed, $816K 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 2010-03-25. 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
WEVA 2010-597 Settlement Paez 2010 $258K → $258K
WEVA 2010-811 Default Lesnick 2011 $184K → $184K
WEVA 2010-595 Settlement Paez 2010 $116K → $116K
WEVA 2010-341 Dismissal Andrews 2011 $36K → $29K
WEVA 2006-310 Settlement Bulluck 2008 $32K → $9K
KENT 2009-801 Settlement Melick 2010 $32K → $32K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2010
1
2009
5
2008
6
2007
9
2006
10
2005
30
2004
23
2003
16
2002
3
2000
13
1999
31
1998
27
1997
7
1996
9
1995
7
1994
8 (1f)
1993
36
1992
30
1991
36
1990
47 (1f)
1989
37
1988
22
1987
7
1986
1
1985
5
1984
3
1983
3

Operators under this controller

Mines on record

Fatalities under this controller

2 recorded
November 1, 1994 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler Fatality · POWERED HAULAGE
North Star Contractors Inc · Caught in, under or between a moving and a stationary object

EMPLOYEE EITHER TRIPPED AND FELL ONTO BELT OR FELL ONTO BELT WHILE ATTEMPTING TO CROSS BELT WHILE USING THE TAILPIECE SPILL PLATES AS SUPPORTS. EMPLOYEE STRUCK TAILPIECE SPILL PLATE AND 1ST RO LLER OUTBY TAILPIECE CONTINUED DOWN #2 BELT TO #2 BELT DRIVE DISCHARGE ROLLER WHERE HE WAS SQUEEZED BETWEEN THE BELT AND TOP. HE EITHER FELL OR WAS THROWN INTO #1 BELT TAILPIECE AND CONTINUED

September 17, 1990 KY · Coal electrician, lineman Fatality · ELECTRICAL
Canada Coal Company Inc · Contact with electrical current

EMPLOYEE WAS WORKING ON POWER CENTER: EMPLOYEE CAME IN CONTACT WITH ENERGIZED POWER WIRES.

For insurers, brokers, and safety consultants

Where Carl Kirk 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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