Mining Incidents

#1: 790 MSHA citations Coal

Jasper Coal, LLC · Underground
Controlled by Amber Hall
Mouise, Knott County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519159

#1 has $718K in proposed MSHA penalties and $718K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2008–2009
Latest incident
May 2009
Compliance record
MSHA citations since 2007
790
citations
256
significant & substantial
$717,545
proposed penalties
$0
paid to date
0% of proposed penalties paid to date, a $717,545 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
40
inspections on record
2,708
inspection hours
29.2
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.
790 citations across 2,708 inspection hours.
Source: MSHA inspections data, updated weekly.

#1 has $718K in proposed MSHA penalties and $718K outstanding across 2 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.
$718K
proposed penalties
$718K
current assessed
$0
paid to date
$718K
outstanding
754 assessments are final orders; 2 contested dockets.
Of $58K in penalties contested before the Commission, $58K was upheld in final decisions.
As of the most recent assessment on 2010-10-21.
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.
34.0%
significant & substantial
9.3%
high negligence or reckless
34.0%
reasonably likely or greater
9.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.0% low, 86.7% moderate, 8.6% high, 0.7% 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.
37 citations taken to the federal commission · 5% of citations on record
  • Stood as issued 37 · 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 7 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$58K proposed, $58K 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 2009-08-03.
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 2009-1413 Default Lesnick 2011 $38K → $38K
KENT 2009-803 Default Lesnick 2011 $20K → $20K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #1 shows 81% of 90 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: 2010-04-12, 16 years ago
81%
within 1.5 mg/m3
90
samples
7.77
dust max (mg/m3)
50 samples taken by MSHA inspectors, 40 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR38
  • SCOOP CAR OPERATOR12
  • ROOF BOLTER (SINGLE HEAD)8

Silica (quartz)

Last sampled: 2009-12-16, 16 years ago
3.6
silica avg (%)
6
samples
9.4
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR3

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: 2009-06-05, 17 years ago
0%
over PEL
12
samples
Most-sampled occupations
  • ROOF BOLTER (SINGLE HEAD)3
  • UTILITY MAN3
  • COAL DRILL OPERATOR2
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
2010 100% 6
2009 75% 40
2008 84% 44
Silica (quartz) by year
Year silica avg (%) samples
2009 2.5 3
2008 4.8 3
Noise by year
Year over PEL samples
2009 0% 6
2008 0% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#1 recorded 4.46 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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.
4.46
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Kentucky, coal mining averaged 5.04 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
2009 * 4.46 0.00 0.000
2008 * 6.65 6.65 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. B & C Coal Inc 2007 to 2008
  2. D & D Mining Inc 2008 to 2009
  3. Jasper Coal, LLC 2009 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)
2010 22 6,526
2009 31 70,478
2008 30 119,804
2007 12 2,226
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
2010 Q2 3,400 62 20 18235.3
2010 Q1 2,619 84 30 32073.3
2009 Q4 11,049 85 27 7693.0
2009 Q3 6,107 23 8 3766.2
2009 Q2 13,335 79 22 5924.3
2009 Q1 14,315 108 38 7544.5
2008 Q4 20,417 136 61 6661.1
2008 Q3 8,316 127 31 15271.8
Show 3 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q2 12,441 35 9 2813.3
2008 Q1 18,957 34 4 1793.5
2007 Q4 869 13 5 14959.7
No fatalities recorded at this mine.

Reportable incidents

3 on file

2009 · 1 incident

May 4, 2009 KY · Coal coal dump operator POWERED HAULAGE
D & D Mining Inc · Struck by... (Not Elsewhere Classified)

Watching feeder and rock flew up & struck employee in right eye lid, causing laceration.

2008 · 2 incidents

August 31, 2008 KY · Coal driller operator ELECTRICAL
D & D Mining Inc · Contact with electrical current

Working in damp conditions. Pulling drill cable up and was shocked.

May 29, 2008 KY · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss HANDLING OF MATERIALS
B & C Coal Inc · Over-exertion (Not Elsewhere Classified)

Hanging cutter cable, he twisted abdomen & lower back.