Mining Incidents

Terry G Loving: 2 recorded fatalities controller

MSHA controller ID: C13692

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Fatalities
2
Total incidents
110
Mines on record
5
Years on record
1989–2014
Compliance record
MSHA citations since 2005
62
citations
9
significant & substantial
$8,124
proposed penalties
$6,360
paid to date
78% of proposed penalties paid to date, a $1,764 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
43
inspections on record
949
inspection hours
n/a
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.
Rate withheld: 949 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
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.
$8K
proposed penalties
$8K
current assessed
$6K
paid to date
$2K
outstanding
62 assessments are final orders; 1 contested dockets.
Of $216 in penalties contested before the Commission, $216 was upheld in final decisions.
As of the most recent assessment on 2016-09-15.
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.
14.5%
significant & substantial
0.0%
high negligence or reckless
14.5%
reasonably likely or greater
3.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 51.6% low, 48.4% moderate, 0.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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: 2007-03-27, 19 years ago
100%
within 1.5 mg/m3
8
samples
0.27
dust max (mg/m3)
8 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • AUGER HELPER4
  • AUGER OPERATOR4

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: 2007-03-27, 19 years ago
17%
over PEL
6
samples
Most-sampled occupations
  • AUGER HELPER3
  • AUGER OPERATOR3
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.
3 citations taken to the federal commission · 5% of citations on record
  • Settled 3 · 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 3 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$216 proposed, $216 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 2006-01-11. 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 2006-138 Settlement Lesnick 2006 $216 → $216
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2014
3
1997
1 (1f)
1996
9
1995
10
1994
17
1993
1
1992
6
1991
14 (1f)
1990
29
1989
20

Operators under this controller

Mines on record

Fatalities under this controller

2 recorded
January 29, 1997 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman Fatality · EXPLOSIVES AND BREAKING AGENTS
Ash Trucking Company Inc · Unclassified, insufficient data

THE VICTIM HAD DRIVEN A 1991 TOYOTA PICK-UP TRUCK FROM THE COAL STORAGE AREA TO THE MINE SHOP LOCATED ON THE SURFACE AREA OF THIS MINE. THE VICTIM PARKED THE TRUCK AND HAD GOTTEN OUT AND WAS S TANDING BESIDE OF THE TRUCK WHEN THE EXPLOSION OCCURRED ACCORDING TO WITNESSES. THE CAUSE OF THEEXPLOSION IS UNDETERMINED AT THIS TIME, MSHA'S INVESTIGATION IS ON-GOING.

May 17, 1991 KY · Coal continuous miner operator, coal mole operator Fatality · FALL OF ROOF OR BACK
Ash Trucking Company Inc · Struck by falling object

VICTIM WAS RIDING THE 1 BELT INSIDE THE MINE GOING TO THE ACTIVE WORKING SECTION AND HIT A ROCK WHICH HAD FALLEN SOMETIME BETWEEN 800 P.M. ON 5-16-91 AND 605 AM ON 5-17-91.

For insurers, brokers, and safety consultants

Where Terry G Loving 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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