Mining Incidents

#10: 385 MSHA citations Coal

Controlled by Henry Chaney Jr
Pikeville, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1517266

#10 has $82K in proposed MSHA penalties and $27K outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
1992–2010
Latest incident
Sep 2010
Compliance record
MSHA citations since 2005
385
citations
146
significant & substantial
$82,207
proposed penalties
$46,820
paid to date
57% of proposed penalties paid to date, a $35,387 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
59
inspections on record
3,036
inspection hours
12.7
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.
385 citations across 3,036 inspection hours.
Source: MSHA inspections data, updated weekly.

#10 has $82K in proposed MSHA penalties and $27K outstanding across 7 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.
$82K
proposed penalties
$74K
current assessed
$47K
paid to date
$27K
outstanding
372 assessments are final orders; 7 contested dockets.
Of $22K in penalties contested before the Commission, $14K was upheld in final decisions.
As of the most recent assessment on 2011-03-24.
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.
39.2%
significant & substantial
4.0%
high negligence or reckless
39.2%
reasonably likely or greater
9.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.8% none, 14.2% low, 80.9% moderate, 4.0% high, 0.0% 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.
16 citations taken to the federal commission · 4% of citations on record
  • Settled 16 · 100%
79%
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 14 decided S&S contests · industry: 79%
37%
Penalty reduction in decided contests
$22K proposed, $14K 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 2011-09-15.
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 2011-1563 Settlement Barbour 2013 $10K → $8K
KENT 2011-1036 Settlement Barbour 2012 $3K → $2K
KENT 2009-783 Settlement Bulluck 2010 $3K → $1K
KENT 2011-741 Settlement McCarthy 2012 $3K → $1K
KENT 2010-1391 Settlement Gill 2011 $1K → $950
KENT 2010-1473 Settlement Lesnick 2011 $1K → $789
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #10 shows 90% of 287 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: 2011-03-22, 15 years ago
90%
within 1.5 mg/m3
287
samples
3.66
dust max (mg/m3)
163 samples taken by MSHA inspectors, 124 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR137
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)45
  • SCOOP CAR OPERATOR23

Silica (quartz)

Last sampled: 2011-02-16, 15 years ago
5.7
silica avg (%)
17
samples
7.8
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR17

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: 2010-10-26, 15 years ago
3%
over PEL
31
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)10
  • CONTINUOUS MINER OPERATOR6
  • SCOOP CAR OPERATOR6
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
2011 86% 22
2010 88% 74
2009 89% 46
2008 88% 77
2007 94% 50
2006 100% 18
Silica (quartz) by year
Year silica avg (%) samples
2011 4.3 1
2010 5.3 6
2009 4.8 2
2008 6.3 5
2007 6.4 1
2006 6.7 2
Noise by year
Year over PEL samples
2010 0% 6
2009 0% 10
2007 9% 11
2006 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#10 recorded 5.50 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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.
5.50
total case rate
5.50
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In Kentucky, coal mining averaged 4.85 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
2010 * 5.50 5.50 0.000
2009 * 5.25 5.25 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 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. Big Bear Coal Company Inc 1992 to 1992
  2. Chloe Elkhorn Inc 1992 to 2004
  3. Ivy Fork Mining LLC 2004 to 2006
  4. Midgard Mining Company LLC 2006 to 2006
  5. L & E Contracting Inc 2006 to 2007
  6. Cheyenne Elkhorn Coal Co Inc 2007 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)
2011 20 21,783
2010 18 83,079
2009 18 55,851
2008 19 80,035
2007 16 48,924
2006 3 2,677
Source: MSHA quarterly employment and production, updated weekly.

#10 sits in Pike County, Kentucky, where the Census mining category is 5.1% 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.
Pike County, Kentucky · Population 57,466
5.1%
Mining share of county employment
$42,179
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
2011 Q2 5,127 0 0 0.0
2011 Q1 9,871 15 5 1519.6
2010 Q4 10,729 10 4 932.1
2010 Q3 9,095 14 2 1539.3
2010 Q2 8,772 15 6 1710.0
2010 Q1 7,791 17 4 2182.0
2009 Q4 8,537 29 5 3397.0
2009 Q3 1,246 1 0 802.6
Show 14 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q2 14,699 6 3 408.2
2009 Q1 13,600 4 3 294.1
2008 Q4 13,237 25 6 1888.6
2008 Q3 12,723 13 5 1021.8
2008 Q2 13,566 5 1 368.6
2008 Q1 12,402 8 5 645.1
2007 Q4 13,734 8 5 582.5
2007 Q3 12,691 27 5 2127.5
2007 Q2 3,308 4 0 1209.2
2007 Q1 4,406 37 10 8397.6
2006 Q4 1,567 32 17 20421.2
2006 Q3 385 24 10 62337.7
2006 Q2 0 0 0
2006 Q1 1,683 27 9 16042.8
No fatalities recorded at this mine.

Reportable incidents

8 on file

2010 · 1 incident

September 7, 2010 KY · Coal continuous miner operator, coal mole operator SLIP OR FALL OF PERSON
Cheyenne Elkhorn Coal Co Inc · Over-exertion (Not Elsewhere Classified)

While hanging line curtain, he stepped on uneven ground. He thought he twisted his ankle. Several days later he went to dr. and had x-rays which revealed a crack fibula.

2009 · 2 incidents

October 23, 2009 KY · Coal FALL OF ROOF OR BACK
Cheyenne Elkhorn Coal Co Inc · Accident type, without injuries

While traveling in the second right area of the mine which is not active on 10/19/09, A foreman observed a roof fall adjacent to spad #448. The fall is approx. 45' long x 18' wide and 1-9' thick.No escapeways,ventilation,travelways were blocked. No injuries. Fall is now plotted on map.

March 27, 2009 KY · Coal assistant mine foreman, assistant mine manager OTHER
Cheyenne Elkhorn Coal Co Inc · Bodily reaction, (Not Elsewhere Classified)

While setting a head drive employee stood up and felt a pain in left knee.

1993 · 2 incidents

July 13, 1993 KY · Coal FALL OF ROOF OR BACK
Chloe Elkhorn Inc · Accident type, without injuries

SECTION WAS ABANDON 5-4-93 NO PRODUCTION UP TO THIS DATE. THE EQUIPMENT & BELT LINES WAS TAKEN OUT AND THE MINE WAS IDLE. WENT IN TO CHECK MINE OUT 7-13-93 AND FOUND THE FALL IN #1 & #4 ENTRYS IN INTERSECTION.

March 10, 1993 KY · Coal mine manager, mine foreman, mine owner MACHINERY
Chloe Elkhorn Inc · Struck by falling object

HE WAS BOLTING #8 HEADING WHERE IT FELL OUT AND WAS DRILLING A HOLE WITH THE WRENCH ON THE STEEL DRILLING THE HOLE. THE WRENCH FELL OFF AND HIT HIM IN THE NOSE.

1992 · 3 incidents

December 28, 1992 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Chloe Elkhorn Inc · Struck by falling object

HE WAS BOLTING TOP A PIECE OF ROCK FELL AND CUT HIS RIGHT FOREARM IT CUT THE LIGAMENT IN HIS ARM.

December 19, 1992 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Chloe Elkhorn Inc · Struck by falling object

HE WAS PUTTING UP LAST ROLL OF BOLTS WHEN A PIECE OF DRAW ROCK FELL. IT HAD A SHARP EDGE ON IT. THE ROCK HIT HIM ON THE RIGHT FOREARM BETWEEN THE ELBOW AND WRIST. IT CUT HIS ARM.

November 30, 1992 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Chloe Elkhorn Inc · Struck by... (Not Elsewhere Classified)

HE WAS GOING THRU CURTAIN. A PIECE OF COAL CAME OFF AND HIT HIM IN THE EYE.