Mining Incidents

Five J's LLC: 3 recorded fatalities controller

MSHA controller ID: 0046749

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Email me when a new MSHA incident is filed at any mine Five J's LLC controls.

Fatalities
3
Total incidents
53
Mines on record
9
Years on record
2005–2010
Compliance record
MSHA citations since 2005
414
citations
109
significant & substantial
$235,020
proposed penalties
$233,820
paid to date
99% of proposed penalties paid to date, a $1,200 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
185
inspections on record
3,675
inspection hours
11.3
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.
414 citations across 3,675 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.
$235K
proposed penalties
$234K
current assessed
$234K
paid to date
$0
outstanding
407 assessments are final orders; 1 contested dockets.
Of $7K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2011-01-19.
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.
26.8%
significant & substantial
6.1%
high negligence or reckless
26.8%
reasonably likely or greater
13.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 6.9% low, 86.7% moderate, 6.1% high, 0.0% 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.
5.48
total case rate
5.48
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
Year total case rate days-away fatal
2010 5.48 5.48 0.000
2009 4.48 4.48 0.448
2008 3.14 3.14 0.000
2007 4.26 4.26 0.474
2006 1.99 1.19 0.000
2005 1.62 1.62 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: 2011-01-20, 15 years ago
99%
within 1.5 mg/m3
562
samples
6.78
dust max (mg/m3)
406 samples taken by MSHA inspectors, 156 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR145
  • BULLDOZER OPERATOR126
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE89

Silica (quartz)

Last sampled: 2010-10-20, 15 years ago
11.9
silica avg (%)
52
samples
34.0
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR28
  • BULLDOZER OPERATOR11
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8

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: 2010-10-13, 15 years ago
4%
over PEL
198
samples
Most-sampled occupations
  • BULLDOZER OPERATOR51
  • HIGHWALL DRILL OPERATOR32
  • HIGHLIFT OPERATOR/FRONT END LOADER31
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.
1 citations taken to the federal commission · 0% of citations on record
  • Settled 1 · 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 1 decided S&S contests · industry: 79%
17%
Penalty reduction in decided contests
$7K proposed, $6K 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 2005-10-20. 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
SE 2006-11 Settlement Melick 2006 $7K → $6K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2010
10
2009
12 (1f)
2008
9
2007
10 (1f)
2006
6
2005
6 (1f)

Operators under this controller

Mines on record

Fatalities under this controller

3 recorded
September 5, 2009 AL · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · POWERED HAULAGE
Rock Mountain Mining-Div/Twin Pines Coal Co., Inc. · Struck against a moving object

Employee had just gotten off work, he was driving out of the mine on the haul road and was trying to pass two other employees and got off the road and hit an old gate post.

July 2, 2007 AL · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer Fatality · POWERED HAULAGE
Twin Pines Coal Company Inc · Caught in, under or between a moving and a stationary object

Employee was getting back on dozer to move for a shot. A co-worker was backing beside the dozer. He struck employee, and ran over him with pickup truck. Employee suffered trauma to his head and chest.

February 16, 2005 AL · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · SLIP OR FALL OF PERSON
GreenFuels Processing I, LLC · Fall to lower level, (Not Elsewhere Classified)

EE fell while putting away tools at end of shift. (Had been installing permanent handrail.) EE fell from first floor (steel floor 16' 9" above ground floor - cement foundation); multiple injuries. Had removed his harness at end of shift. Fell through safety tape that was installed between temp. & perm. handrail. Died on 2/23/05 as result of injuries.

For insurers, brokers, and safety consultants

Where Five J's LLC 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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