Mining Incidents

(Harold) Lynn Keene; Larry Stinson: 1 recorded fatality controller

MSHA controller ID: C04140

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Fatalities
1
Total incidents
26
Mines on record
7
Years on record
1983–2010
Compliance record
MSHA citations since 2000
865
citations
244
significant & substantial
$201,923
proposed penalties
$170,707
paid to date
85% of proposed penalties paid to date, a $31,216 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
285
inspections on record
8,793
inspection hours
9.8
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.
865 citations across 8,793 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.
$202K
proposed penalties
$171K
current assessed
$171K
paid to date
$0
outstanding
847 assessments are final orders; 46 contested dockets.
Of $106K in penalties contested before the Commission, $74K was upheld in final decisions.
As of the most recent assessment on 2011-01-05.
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.
28.8%
significant & substantial
0.8%
high negligence or reckless
29.3%
reasonably likely or greater
7.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 15.7% low, 83.4% moderate, 0.8% 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.
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 * 11.21 11.21 0.000
2008 0.95 0.95 0.000
2007 0.00 0.00 0.000
2006 1.72 0.00 0.000
2005 1.64 0.00 0.000
2004 * 13.54 3.38 3.384
* 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: 2010-12-23, 15 years ago
94%
within 1.5 mg/m3
907
samples
7.16
dust max (mg/m3)
419 samples taken by MSHA inspectors, 488 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR416
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)68
  • HIGHLIFT OPERATOR/FRONT END LOADER46

Silica (quartz)

Last sampled: 2010-11-29, 15 years ago
7.0
silica avg (%)
72
samples
26.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR32
  • HIGHWALL DRILL OPERATOR5
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE3

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: 2010-12-06, 15 years ago
5%
over PEL
145
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER25
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)19
  • CONTINUOUS MINER OPERATOR16
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.
194 citations taken to the federal commission · 22% of citations on record
  • Settled 192 · 99%
  • Stood as issued 2 · 1%
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 82 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$106K proposed, $74K 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 2011-06-07. 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
VA 2010-242 Settlement 2011 $52K → $37K
VA 2010-179 Settlement Moran 2011 $8K → $4K
VA 2011-241 Settlement Koutras 2011 $4K → $3K
VA 2010-347 Settlement Lesnick 2011 $3K → $2K
VA 2010-120 Settlement Lesnick 2011 $3K → $2K
VA 2008-126 Settlement Lesnick 2010 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2010
2
2009
6
2008
2
2007
3
2006
1
2005
1
2004
4 (1f)
2002
2
2001
1
1997
1
1985
2
1983
1

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
October 23, 2004 VA · Coal electrician, lineman Fatality · ELECTRICAL
Omega Mining, Inc. · Contact with electrical current

VICTIM AND TWO EMPLOYEES WHERE IN THE PROCESS OF CHANGING OUT SURFACE HIGH VOLTAGE TRANSFORMERS. DURING THE PROCESS THE VICTIM CAME INTO CONTACT WITH THE HIGH VOLTAGE CURRENT, RESULTING IN INJURIES INVOLVING BURNS, CUTS AND BRUISES. VICTIM LIVED UNTIL 10/29/04 AT 3:00 P.M.

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Where (Harold) Lynn Keene; Larry Stinson 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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