Mining Incidents

#1: 486 MSHA citations Coal

Mosley Mining Inc. · Underground
Controlled by Harold Mosley
Mousie, Knott County, KY  ·  Abandoned
MSHA Mine ID: 1516727

#1 has $159K in proposed MSHA penalties and $142K outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
19
Years on record
1996–2004
Latest incident
Jul 2004
Compliance record
MSHA citations since 2000
486
citations
237
significant & substantial
$159,136
proposed penalties
$17,139
paid to date
11% of proposed penalties paid to date, a $141,997 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
76
inspections on record
2,976
inspection hours
16.3
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.
486 citations across 2,976 inspection hours.
Source: MSHA inspections data, updated weekly.

#1 has $159K in proposed MSHA penalties and $142K outstanding across 5 contested dockets.

Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$159K
proposed penalties
$159K
current assessed
$17K
paid to date
$142K
outstanding
476 assessments are final orders; 5 contested dockets.
Of $32K in penalties contested before the Commission, $32K was upheld in final decisions.
As of the most recent assessment on 2004-09-07.
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.
49.8%
significant & substantial
1.7%
high negligence or reckless
50.0%
reasonably likely or greater
6.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.4% low, 97.9% moderate, 1.5% high, 0.2% reckless.
Source: MSHA violations gravity and negligence coding, 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.
12 citations taken to the federal commission · 2% of citations on record
  • Settled 3 · 25%
  • Stood as issued 9 · 75%
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 11 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$26K proposed, $26K 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 2004-03-23.
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 mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
KENT 2004-23 Settlement Melick 2004 $20K → $20K
KENT 2004-110 Default Lesnick 2004 $5K → $5K
KENT 2004-123 Default Lesnick 2004 $4K → $4K
KENT 2004-78 Dismissal Barbour 2004 $3K → $3K
KENT 2004-124 Default Lesnick 2004 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #1 shows 95% of 349 respirable coal dust samples met the 1.5 mg/m3 standard.

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: 2004-08-23, 22 years ago
95%
within 1.5 mg/m3
349
samples
5.56
dust max (mg/m3)
191 samples taken by MSHA inspectors, 158 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR150
  • SCOOP CAR OPERATOR36
  • ROOF BOLTER (SINGLE HEAD)30

Silica (quartz)

Last sampled: 2004-08-17, 22 years ago
2.9
silica avg (%)
13
samples
11.8
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR11

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: 2004-08-23, 22 years ago
0%
over PEL
32
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR7
  • CUTTING MACHINE OPERATOR6
  • ROOF BOLTER (SINGLE HEAD)6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Health sampling trend
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 by year
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.
Year within 1.5 mg/m3 samples
2004 85% 62
2003 100% 69
2002 97% 58
2001 99% 71
2000 93% 89
Silica (quartz) by year
Year silica avg (%) samples
2004 3.2 6
2003 2.3 1
2002 3.5 1
2000 2.4 5
Noise by year
Year over PEL samples
2004 0% 10
2003 0% 1
2002 0% 6
2001 0% 6
2000 0% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#1 recorded 3.59 reportable injury cases per 100 full-time workers in 2003.

Injury rate, 2003
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.
3.59
total case rate
3.59
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 5.87 and the all-US-mining average was 4.43 cases per 100 workers.
In Kentucky, coal mining averaged 6.65 cases per 100 workers that year.
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
2003 * 3.59 3.59 0.000
2002 * 6.43 3.22 0.000
2001 * 4.33 0.00 0.000
2000 * 13.37 13.37 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.
Ownership history
  1. Three Oaks Mining Company Inc 1989 to 1995
  2. Ember Contracting Inc 1995 to 2001
  3. Mosley Mining Inc. 2001 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Coal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year Employees Coal produced (tons)
2004 18 57,054
2003 24 114,856
2002 26 156,787
2001 23 149,217
2000 19 234,396
Source: MSHA quarterly employment and production, updated weekly.

#1 sits in Knott County, Kentucky, where the Census mining category is 2.8% of county employment.

Local economic context
County figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Knott County, Kentucky · Population 14,046
2.8%
Mining share of county employment
$37,736
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
Quarterly safety rates
Citations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter Hours worked Citations S&S Per 1M hrs
2004 Q3 6,761 8 3 1183.3
2004 Q2 10,535 50 26 4746.1
2004 Q1 13,753 16 9 1163.4
2003 Q4 14,822 29 16 1956.6
2003 Q3 14,218 24 9 1688.0
2003 Q2 13,026 35 23 2686.9
2003 Q1 13,717 36 26 2624.5
2002 Q4 13,544 22 12 1624.3
Show 11 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2002 Q3 16,033 29 21 1808.8
2002 Q2 17,215 32 29 1858.8
2002 Q1 15,393 43 15 2793.5
2001 Q4 16,143 25 7 1548.7
2001 Q3 14,017 43 15 3067.7
2001 Q2 10,904 52 12 4768.9
2001 Q1 5,087 10 2 1965.8
2000 Q4 11,238 7 3 622.9
2000 Q3 10,365 3 0 289.4
2000 Q2 11,185 5 0 447.0
2000 Q1 12,092 15 8 1240.5
No fatalities recorded at this mine.

Reportable incidents

19 on file

2004 · 1 incident

July 19, 2004 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Mosley Mining Inc. · Caught in, under or between a moving and a stationary object

EE was helping other take guard of feeder to replace a belt. when he took the last bolt out the guard fell and mashed his finger on the tailpiece clipped the meet off the tip of his ring finger left hand.

2003 · 1 incident

August 11, 2003 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Mosley Mining Inc. · Struck by falling object

EE was installing roof bolts in the #3 entry when a piece of draw rock app. 3" thick x 2' long x 3' striking ee on right shoulder pushing him down to the ground before sliding off his shoulder.

2002 · 3 incidents

December 31, 2002 KY · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator POWERED HAULAGE
Mosley Mining Inc. · Caught in, under or between a moving and a stationary object

I WAS CHECKING A LEAK ON A STEERING HOSE ON A SCOOP AND HAD MY LEFT HAND ON THE STOP BLOCK, NOT PAYING ATTENTION, I STEERED THE SCOOP TO SEE WHERE THE LEAK WAS AND CAUGHT MY FINGER TIPS.

April 26, 2002 KY · Coal FALL OF ROOF OR BACK
Mosley Mining Inc. · Accident type, without injuries

A ROCKFALL WAS FOUND DURING AN INSPECTION OF SEALS, THE FALL WAS BLOCKING #8 AND #9 SEALS OF LAST SET OF SEALS, THE CLOSEST SPAD FOUND WAS 31171 LOCATED IN THE 31 ENTRY 1 BRK OUT BY. THE FALL IS ABOUT 25 FT WIDE, 30 FT LONG AND RANGE FROM 1' THICK TO 3 FT THICK.

January 4, 2002 KY · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator FALL OF ROOF OR BACK
Mosley Mining Inc. · Struck by falling object

THE ALLEGED ACCIDENT HAPPENED WHILE EE WAS DUSTING RIBS AND A PIECE OF DRAW ROCK APPROX. 1 1/2" X 2'LONG X 1'WIDE, FELL FROM THE ROOF HITTING HIM ON THE BACK. WE WERE NOT NOTIFIED UNTIL 1-15 -02 AFTER HE WENT TO THE HOSPITAL FOR THE FLU.

2001 · 1 incident

January 11, 2001 KY · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss HANDTOOLS (NONPOWERED)
Ember Contracting Inc · Struck by flying object

EE STATED THAT HE WAS REMOVING SNAP RINGS FROM CHICKEN HEAD ON CUTTER MACHINE. HE SAID THAT HE WAS USING PROPER TOOL, SNAP RING PLIERS, BUT SNAP RING BROKE, STRIKING HIM LEFT EYE.

2000 · 3 incidents

August 28, 2000 KY · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator POWERED HAULAGE
Ember Contracting Inc · Struck against stationary object

EE WAS ENTERING MINE & RAN OVER A PIECE OF DRAW ROCK CAUSING HIM TO BUMP HIS HEAD RESULTING IN SORE NECK MUSCLES.

April 21, 2000 KY · Coal cutting machine operator, ripper, universal operator HANDLING OF MATERIALS
Ember Contracting Inc · Over-exertion in pulling or pushing objects

EMPLOYEE HAD BEEN ROLLING BELT ON 4-21-00. HE CONTINUED TO WORK AND WORKED THROUGH 4-24-00. WAS EXPERIENCING SOME LOWER BACK PAIN AND WENT TO SEE A PHYSICIAN 4-25-00.

January 24, 2000 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Ember Contracting Inc · Caught in, under or between a moving and a stationary object

WHILE BOLTING ROOF TOP EE CAUGHT HIS RIGHT FOOT BETWEEN DECK ON PINNER AND THE BACK WHEEL, CAUSING HIM TO MASH HIS RIGHT FOOT.

1999 · 4 incidents

May 3, 1999 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Ember Contracting Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE STATED THAT HE WAS HANGING VENTILATION CURTAINS AND THAT HE BEGAN TO HAVE SOME PAIN IN HIS RIGHT KNEE. HE SAID THAT THE PAIN WOULD COMEAND GO. HE WORKED A COMPLETE SHIFT. IT LATER HUR T, SO HE WENT TO THE EMERGENCY ROOM. IT WAS FRACTURED.

April 29, 1999 KY · Coal scoop car operator FALL OF ROOF OR BACK
Ember Contracting Inc · Struck by falling object

EMPLOYEE STATED THAT WHILE TRAVELING IN SCOOP, APIECE OF DRAW ROCK FELL FROM BETWEEN ROOF BOLT AND RIB, STRIKING HIM ON HARD HAT AND LIGHT.

February 23, 1999 KY · Coal scoop car operator FALL OF ROOF OR BACK
Ember Contracting Inc · Struck by falling object

WMPLOYEE WAS SPREADING ROCK DUST IN NO. 3 ENTRY,WHEN A PIECE OF DRAW ROCK FELL FROM BETWEEN BOLTS, STRIKING EMPLOYEE ON LEFT FOOT.

1998 · 2 incidents

June 1, 1998 KY · Coal FALL OF ROOF OR BACK
Ember Contracting Inc · Accident type, without injuries

ROOF FALL AT #9 ENTRY ON INTAKE. INTERSECTION FELL IN 2 BREAKS INBY SPAD #1211. NO EMPLOYEES OR EQUIPMENT INVOLVED. NO INJURIES.

February 23, 1998 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler MACHINERY
Ember Contracting Inc · Fall onto or against objects

EE WAS BOLTING ROOF TOP, DURING PROCEDURE, HE LOST HIS BALANCE, STRIKING HIS CHIN AGAINST THE PLATE.

1997 · 3 incidents

August 19, 1997 KY · Coal scoop car operator POWERED HAULAGE
Ember Contracting Inc · Struck against a moving object

EMPLOYEE WAS DRIVING PERSONNEL CARRIER TO OUTSIDE OF MINE AT END OF SHIFT. HE HIT A HOLE OR BUMP AND STRUCK HIS HAND AGAINST THE STEERING WHEEL OF CARRIER, WHICH CUT HIS RIGHT HAND FIRST FINGE R.

March 13, 1997 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Ember Contracting Inc · Over-exertion (Not Elsewhere Classified)

EE WAS DOING REPAIR WORK & HANGING CABLE. EE STATED THAT HE DOESN'T KNOW WHAT HE DID OR WHY THATHE JUST STARTED HAVING SOME PAIN IN HIS LEG

1996 · 1 incident

September 18, 1996 KY · Coal cutting machine operator, ripper, universal operator POWERED HAULAGE
Ember Contracting Inc · Struck against a moving object

EMPLOYEE STATED THAT HE WAS RIDING MANTRIP (PERSONNEL CARRIER) TO THE OUTSIDE OF MINE AT THE END OF SHIFT AND THAT THEY HIT A DIP IN THE TRAVEL WAY WHICH CAUSED HIM TO BOUNCE UP AND DOWN.