Mining Incidents

Kerry L Mears: 1 recorded fatality controller

MSHA controller ID: C07727

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Fatalities
1
Total incidents
232
Mines on record
10
Years on record
1983–2003
Compliance record
MSHA citations since 2000
350
citations
148
significant & substantial
$34,992
proposed penalties
$21,676
paid to date
62% of proposed penalties paid to date, a $13,316 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
330
inspections on record
6,530
inspection hours
5.4
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.
350 citations across 6,530 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.
$35K
proposed penalties
$32K
current assessed
$22K
paid to date
$10K
outstanding
348 assessments are final orders; 38 contested dockets.
Of $21K in penalties contested before the Commission, $18K was upheld in final decisions.
As of the most recent assessment on 2003-11-13.
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.
42.4%
significant & substantial
1.4%
high negligence or reckless
50.1%
reasonably likely or greater
7.7%
permanently disabling or fatal if injury occurs
Negligence coding: 1.1% none, 44.1% low, 53.3% moderate, 1.4% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2002
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.
70.62
total case rate
49.85
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 6.89 and the all-US-mining average was 5.05 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
2002 * 70.62 49.85 0.000
2001 * 34.41 24.29 0.000
2000 * 24.12 15.35 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: 2003-12-11, 22 years ago
82%
within 1.5 mg/m3
711
samples
6.73
dust max (mg/m3)
418 samples taken by MSHA inspectors, 293 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR240
  • MOBILE BRIDGE OPERATOR50
  • UTILITY MAN26

Silica (quartz)

Last sampled: 2003-11-26, 22 years ago
4.4
silica avg (%)
101
samples
46.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR31
  • BULLDOZER OPERATOR3
  • HIGHLIFT OPERATOR/FRONT END LOADER1

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: 2003-11-20, 22 years ago
21%
over PEL
82
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER15
  • MOBILE BRIDGE OPERATOR12
  • ROOF BOLTER (SINGLE HEAD)12
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
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
PENN20010144 Default Barbour 2001 $2K → $2K
PENN20020103 Default Barbour 2002 $2K → $2K
PENN20020171 Default Barbour 2002 $1K → $1K
PENN20000091 Settlement Weisberger 2000 $1K → $975
PENN20020011 Settlement Barbour 2002 $1K → $765
PENN20020102 Default Barbour 2002 $900 → $900
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2003
15
2002
20
2001
23
2000
17
1999
11
1998
16
1997
13
1996
23
1995
14
1994
7
1993
12 (1f)
1992
9
1991
9
1990
9
1989
7
1988
5
1987
3
1986
3
1984
9
1983
7

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
November 5, 1993 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · MACHINERY
Mears Enterprises Inc · Caught in, under or between running or meshing objects

WHILE SERVICING A JEFFERY 101 CONTINUOUS MINER, INJURED BECAME ENTAGLED IN THE CUTTING HEAD WHEN THE CUTTING HEAD ACCIDENTALLY CAME ON, PULLING HIM UNDER THE HEAD, FATALLY INJURING HIM.

For insurers, brokers, and safety consultants

Where Kerry L Mears 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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