Mining Incidents

#1: 626 MSHA citations Coal

R & C Coal, LLC · Underground
Controlled by Mark E Daugherty
Prestonsburg, Floyd County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519224

#1 has $841K in proposed MSHA penalties and $847K outstanding across 5 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at #1.

Fatalities
0
Total incidents
3
Years on record
2011–2013
Latest incident
May 2013
Compliance record
MSHA citations since 2011
626
citations
240
significant & substantial
$840,647
proposed penalties
$1,493
paid to date
0% of proposed penalties paid to date, a $839,154 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
58
inspections on record
3,653
inspection hours
17.1
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.
626 citations across 3,653 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
2
Section 107(a) orders
Most recent order: 2011-12-08.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

#1 has $841K in proposed MSHA penalties and $847K 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.
$841K
proposed penalties
$848K
current assessed
$1K
paid to date
$847K
outstanding
606 assessments are final orders; 5 contested dockets.
Of $57K in penalties contested before the Commission, $56K was upheld in final decisions.
As of the most recent assessment on 2015-08-19.
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.
39.6%
significant & substantial
17.5%
high negligence or reckless
39.6%
reasonably likely or greater
29.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 2.5% low, 79.9% moderate, 16.5% high, 1.0% 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.
15 citations taken to the federal commission · 2% of citations on record
  • Settled 14 · 93%
  • Stood as issued 1 · 7%
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 12 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$71K proposed, $57K 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 2015-10-28.
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 2015-0272 Default Lesnick 2016 $52K → $52K
KENT 2013-938 Settlement Rae 2013 $2K → $1K
KENT 2014-0285 Settlement Rae 2014 $1K → $875
KENT 2013-754 Settlement Rae 2013 $995 → $796
KENT 2016-0074 Settlement Steele 2016 $777 → $637
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #1 shows 86% of 126 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: 2015-05-21, 11 years ago
86%
within 1.5 mg/m3
126
samples
4.04
dust max (mg/m3)
0
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
93 samples taken by MSHA inspectors, 33 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR42
  • SCOOP CAR OPERATOR23
  • ROOF BOLTER (SINGLE HEAD)15

Silica (quartz)

Last sampled: 2015-04-22, 11 years ago
4.0
silica avg (%)
10
samples
7.3
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR8

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: 2014-12-16, 11 years ago
0%
over PEL
29
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR10
  • ROOF BOLTER (SINGLE HEAD)5
  • CUTTING MACHINE OPERATOR4
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
2015 94% 16
2014 89% 19
2013 83% 60
2012 91% 11
2011 80% 20
Silica (quartz) by year
Year silica avg (%) samples
2015 3.7 2
2014 2.6 2
2013 4.0 4
2012 4.0 1
2011 7.3 1
Noise by year
Year over PEL samples
2014 0% 11
2013 0% 10
2011 0% 8
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#1 recorded 4.72 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
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.
4.72
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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.
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. Natural Resource Group LLC 2008 to 2008
  2. TRC Mining Corp 2008 to 2011
  3. Coal Creek Mining, LLC 2011 to 2012
  4. CBL Mining LLC 2012 to 2013
  5. R & C Coal, LLC 2013 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)
2015 6 22,011
2014 6 20,640
2013 18 103,788
2012 11 21,281
2011 19 45,575
Source: MSHA quarterly employment and production, updated weekly.

#1 sits in Floyd County, Kentucky, where the Census mining category is 4.4% 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.
Floyd County, Kentucky · Population 35,342
4.4%
Mining share of county employment
$41,582
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
2015 Q3 2,400 4 1 1666.7
2015 Q2 1,822 18 6 9879.3
2015 Q1 1,591 31 12 19484.6
2014 Q4 3,057 39 12 12757.6
2014 Q3 2,938 49 14 16678.0
2014 Q2 1,714 28 8 16336.1
2014 Q1 0 0 0
2013 Q4 0 7 4
Show 9 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q3 15,190 32 11 2106.6
2013 Q2 13,666 38 10 2780.6
2013 Q1 13,538 15 10 1108.0
2012 Q4 1,736 0 0 0.0
2012 Q2 0 0 0
2012 Q1 1,955 73 30 37340.2
2011 Q4 10,776 171 74 15868.6
2011 Q3 13,048 99 41 7587.4
2011 Q2 3,120 17 6 5448.7
No fatalities recorded at this mine.

Reportable incidents

3 on file

2013 · 1 incident

May 7, 2013 KY · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss POWERED HAULAGE
CBL Mining LLC · Struck against a moving object

Subject operating 3-wheel personnel buggy. Front wheel (tire) hit object in road-way. Steering wheel knob spun around, hit Rt/hand.

2012 · 1 incident

January 26, 2012 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
Coal Creek Mining, LLC · Fall to the walkway or working surface

Allegedly fell while lifting scoop lid in mud / rainy weather. Twisted back.

2011 · 1 incident

October 31, 2011 KY · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss MACHINERY
Coal Creek Mining, LLC · Caught in, under or between a moving and a stationary object

Turning drill and caught leg between drill & coal rib. Twisted knee.