Mining Incidents

Joseph T Bennett: 7 recorded fatalities controller

MSHA controller ID: C15915

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Fatalities
7
Total incidents
863
Mines on record
30
Years on record
1983–2019
Compliance record
MSHA citations since 2000
5,952
citations
1,433
significant & substantial
$1,587,338
proposed penalties
$994,335
paid to date
63% of proposed penalties paid to date, a $593,003 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
1,638
inspections on record
73,994
inspection hours
8.0
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.
5,952 citations across 73,994 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2015-11-16.
On record since 2015.
Source: MSHA imminent-danger order records, 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.
$1.6M
proposed penalties
$1.3M
current assessed
$994K
paid to date
$300K
outstanding
5,782 assessments are final orders; 551 contested dockets.
Of $1.2M in penalties contested before the Commission, $895K was upheld in final decisions.
As of the most recent assessment on 2024-05-02.
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.
24.6%
significant & substantial
0.9%
high negligence or reckless
26.2%
reasonably likely or greater
7.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 7.5% low, 91.5% moderate, 0.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2019
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.
13.88
total case rate
9.92
days-away rate
1.983
fatality rate
Above average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
Year total case rate days-away fatal
2019 13.88 9.92 1.983
2018 * 4.10 4.10 0.000
2017 1.33 1.33 0.000
2016 1.03 1.03 0.000
2015 22.34 17.37 0.000
2014 19.80 10.37 0.000
2013 14.00 8.91 0.000
2012 8.61 7.66 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: 2020-03-25, 6 years ago
98%
within 1.5 mg/m3
4,904
samples
12.94
dust max (mg/m3)
4
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
2,541 samples taken by MSHA inspectors, 2,363 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR1,629
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)315
  • MOBILE BRIDGE OPERATOR309

Silica (quartz)

Last sampled: 2019-12-27, 6 years ago
7.1
silica avg (%)
268
samples
33.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR100
  • BULLDOZER OPERATOR23
  • MOBILE BRIDGE OPERATOR12

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: 2020-03-20, 6 years ago
6%
over PEL
897
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)87
  • CONTINUOUS MINER OPERATOR84
  • BULLDOZER OPERATOR72
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.
1,724 citations taken to the federal commission · 29% of citations on record
  • Settled 1,667 · 97%
  • Stood as issued 57 · 3%
94%
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 1,055 decided S&S contests · industry: 79%
24%
Penalty reduction in decided contests
$1.1M proposed, $850K 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 2020-12-11. 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 2011-1037 Prevail Andrews 2014 $158K → $158K
KENT 2008-709 Settlement Barbour 2010 $58K → $36K
KENT 2010-1087 Prevail Andrews 2013 $45K → $45K
KENT 2011-744 Settlement Gill 2012 $31K → $6K
KENT 2008-409 Settlement Weisberger 2011 $22K → $10K
KENT 2020-0021 Settlement Miller 2020 $20K → $18K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2019
11 (1f)
2018
5
2017
3
2016
2
2015
20
2014
24
2013
23
2012
18
2011
26
2010
24 (1f)
2009
20
2008
11
2007
22
2006
23
2005
13
2004
10
2003
15
2002
35
2001
21
2000
13
1999
14
1998
31
1997
25
1996
33 (2f)
1995
28
1994
32
1993
55
1992
58
1991
44
1990
50
1989
37
1988
14
1987
40 (1f)
1986
21
1985
12
1984
19 (1f)
1983
11 (1f)

Operators under this controller

Mines on record

Fatalities under this controller

7 recorded
November 23, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · POWERED HAULAGE
RexCoal Company, Inc. · Caught in, under or between a moving and a stationary object

A Mack DM-600 tandem axle lube truck was descending a grade into the active work area of the mine when the operator lost control of the truck and either jumped or was thrown from the vehicle. The truck struck an embankment and overturned on its left side resulting in fatal crushing injuries to the victim. He was pronounced dead at the scene by the coroner.

June 9, 1987 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider Fatality · FALL OF ROOF OR BACK
Harlan Cumberland Coal Company · Struck by falling object

EMPLOYEE WAS CL9ANING ROOF FALL ON MINER. A PIECE OF ROCK FELL FROM THE ROOF, WITHOUT WARNING, CRUSHING THE EMPLOYEE. THE ROCK WAS APPROX. 8-12 INCHES THICK AND APPROX. 8 FEET ROUND.

May 10, 1983 KY · Coal timberman Fatality · FALL OF ROOF OR BACK
Dixie Fuel Company · Struck by falling object

SETTING JACKS ON WILCOX MINER-PULLING OUT OF WORKING PLACE. ROOF FALL-ONE ROCK FELL,HORSEBACK DETECTED 17\LONG X 4\-0\ X 10\WIDE,IMMEDIATELY OUTBY FACE #1 ENTRY IN 004 SECT.

For insurers, brokers, and safety consultants

Where Joseph T Bennett 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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