Mining Incidents

#1: 34 MSHA citations Coal

Marion Energy Llc · Surface
Controlled by James A Sigmon
Holmes Mill, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1518372

#1 has $7K in proposed MSHA penalties and $1K outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2001–2003
Latest incident
Jul 2003
Compliance record
MSHA citations since 2001
34
citations
13
significant & substantial
$6,619
proposed penalties
$4,981
paid to date
75% of proposed penalties paid to date, a $1,638 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
21
inspections on record
361
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: 361 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

#1 has $7K in proposed MSHA penalties and $1K outstanding across 1 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.
$7K
proposed penalties
$6K
current assessed
$5K
paid to date
$1K
outstanding
33 assessments are final orders; 1 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2003-05-21.
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.
39.4%
significant & substantial
0.0%
high negligence or reckless
39.4%
reasonably likely or greater
3.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.0% low, 97.0% moderate, 0.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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 mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
KENT20020298 Settlement Bulluck 2003 $4K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #1 shows 100% of 34 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: 2003-07-11, 23 years ago
100%
within 1.5 mg/m3
34
samples
0.92
dust max (mg/m3)
33 samples taken by MSHA inspectors, 1 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE11
  • BULLDOZER OPERATOR8
  • HIGHLIFT OPERATOR/FRONT END LOADER8

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: 2003-03-26, 23 years ago
0%
over PEL
15
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER4
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE4
  • BULLDOZER OPERATOR3
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
2003 100% 7
2002 100% 21
2001 100% 6
Noise by year
Year over PEL samples
2003 0% 5
2002 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#1 recorded 21.72 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.
21.72
total case rate
21.72
days-away rate
0.000
fatality rate
Above 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 * 21.72 21.72 0.000
2002 * 2.93 2.93 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. Marion Energy Llc 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)
2003 15 80,837
2002 29 159,741
2001 23 103,095
Source: MSHA quarterly employment and production, updated weekly.

#1 sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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
2003 Q4 0 0 0
2003 Q3 10,482 0 0 0.0
2003 Q2 13,282 4 1 301.2
2003 Q1 13,076 0 0 0.0
2002 Q4 17,174 3 1 174.7
2002 Q3 13,484 0 0 0.0
2002 Q2 18,702 3 0 160.4
2002 Q1 18,954 0 0 0.0
Show 3 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2001 Q4 17,513 3 2 171.3
2001 Q3 15,459 9 4 582.2
2001 Q2 6,261 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2003 · 4 incidents

July 1, 2003 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Marion Energy Llc · Fall from machine

EMPLOYEE WAS CHECKING A WATER LEAK ON A VALVO HAUL TRUCK. HE FELL OFF THE TRUCK, RESULTING IN A BROKEN WRIST.

June 2, 2003 KY · Coal assayer, geologist, metallurgist, engineer, engineer management POWERED HAULAGE
Marion Energy Llc · Struck against a moving object

EE WAS DRIVING A 1997 CHEVY BLAZER IN BIG STONE GAP, THE LUG NUTS CAME OFF & A REAR TIRE CAME OFF THE TRUCK. THE TRUCK CAME TO A STOP ON THE SIDE OF THE ROAD. EE STATED HE HAD HURT HIS BACK. EE DID NOT GET MEDICAL ATTENTION UNTIL 6/30/03.

May 29, 2003 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer

EE WAS STEPPING DOWN FROM THE SERVICE TRUCK. HE STATED HE FELT PAIN IN HIS LEFT KNEE.

May 23, 2003 KY · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor

EE WAS OPERATING A CHEVROLET PU TRUCK ON THE JERICOL PREP PLANT HAUL RD. THE TRUCK WAS DRIVEN OVER THE BERM & TURNED OVER ON ITS SIDE RESULTING IN A BROKEN VERTEBRAE IN EE'S BACK

2002 · 1 incident

December 26, 2002 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Marion Energy Llc · Over-exertion in lifting objects

EE WAS PUTTING A PUMP ON A HAUL TRUCK. AT A LATER DATE HE STATED HE HAD HURT HIS BACK. HE STATED HE HAD HURT HIS BACK ON 12/26/02. HE DID SEEK MEDICAL ATTENTION ON 2/24/03.

2001 · 1 incident

August 11, 2001 KY · Coal truck driver POWERED HAULAGE
Marion Energy Llc · Struck against a moving object

EE BACKED THE HAUL TRUCK HE WAS OPERATING OVER THE HILL AT THE DUMP OVER TURNING THE TRUCK RESULTING IN A CUT TO HIS HEAD.