Mining Incidents

Danny Justice: 2 recorded fatalities controller

MSHA controller ID: C14730

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Fatalities
2
Total incidents
227
Mines on record
10
Years on record
1992–2008
Compliance record
MSHA citations since 2000
676
citations
307
significant & substantial
$69,278
proposed penalties
$68,345
paid to date
99% of proposed penalties paid to date, a $933 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
301
inspections on record
8,691
inspection hours
7.8
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.
676 citations across 8,691 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.
$69K
proposed penalties
$68K
current assessed
$68K
paid to date
$89
outstanding
660 assessments are final orders; 13 contested dockets.
Of $9K in penalties contested before the Commission, $8K was upheld in final decisions.
As of the most recent assessment on 2008-06-18.
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.
46.2%
significant & substantial
0.2%
high negligence or reckless
46.8%
reasonably likely or greater
7.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.3% none, 11.2% low, 88.4% moderate, 0.2% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2008
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 4.41 and the all-US-mining average was 3.61 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
2008 * 0.00 0.00 0.000
2007 * 8.97 8.97 0.000
2006 * 20.66 10.33 0.000
2005 * 10.81 10.81 0.000
2004 * 27.81 27.81 3.476
2003 63.90 37.59 0.000
2002 * 79.65 51.06 0.000
2001 40.14 23.79 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: 2008-10-29, 17 years ago
92%
within 1.5 mg/m3
1,023
samples
4.57
dust max (mg/m3)
499 samples taken by MSHA inspectors, 524 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR512
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)133
  • SCOOP CAR OPERATOR73

Silica (quartz)

Last sampled: 2008-09-17, 17 years ago
8.3
silica avg (%)
90
samples
37.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR49

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: 2008-03-19, 18 years ago
7%
over PEL
82
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)23
  • SCOOP CAR OPERATOR14
  • CONTINUOUS MINER OPERATOR13
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.
8 citations taken to the federal commission · 1% of citations on record
  • Settled 8 · 100%
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 8 decided S&S contests · industry: 79%
21%
Penalty reduction in decided contests
$1K proposed, $1K 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 2005-06-02. 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
KENT20010043 Settlement Barbour 2001 $1K → $1K
KENT 2004-200 Settlement Lesnick 2004 $875 → $684
KENT20010140 Default Barbour 2001 $849 → $849
KENT20010249 Default Barbour 2001 $695 → $695
KENT 2005-207 Settlement Lesnick 2005 $684 → $576
KENT 2004-268 Settlement Lesnick 2004 $660 → $576
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2008
2
2007
3
2006
6
2005
4
2004
8 (1f)
2003
43
2002
39
2001
28
2000
31
1999
16
1998
17
1997
2
1996
8
1995
5
1994
1
1993
13 (1f)
1992
1

Operators under this controller

Mines on record

Fatalities under this controller

2 recorded
June 17, 2004 KY · Coal utility man, errand boy, service truck operator Fatality · FALL OF ROOF OR BACK
Dags Branch Coal Co., Inc · Struck by falling object

A "HORSE BACK" (ROOF FAULT) MEASURING 2' X 14' X 38' DISLODGED FROM THE MINE ROOF PULLING 2 ROOF BOLTS FROM THE LAST FULL ROW OF BOLTS, FALLING ON THE VICTIM WHOSE LOCATION WAS NEAR THE 2ND ROW OF BOLTS, CAUSING CRUSHING BLUNT FORCE TRAUMA, RESULTING IN FATAL INJURIES BEING SUSTAINED.

For insurers, brokers, and safety consultants

Where Danny Justice 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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