Mining Incidents

#2: 1 recorded fatality Coal

Kincaid Enterprises Inc · Surface
Controlled by Elmer Kincaid Jr
Hulen, Bell County, KY  ·  Abandoned
MSHA Mine ID: 1517792

#2 has $18K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
2
Years on record
2000–2001
Latest incident
Nov 2001
Compliance record
MSHA citations since 2000
148
citations
43
significant & substantial
$17,817
proposed penalties
$17,817
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
99
inspections on record
1,884
inspection hours
7.9
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.
148 citations across 1,884 inspection hours.
Source: MSHA inspections data, updated weekly.

#2 has $18K in proposed MSHA penalties and $0 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.
$18K
proposed penalties
$18K
current assessed
$18K
paid to date
$0
outstanding
146 assessments are final orders; 1 contested dockets.
Of $750 in penalties contested before the Commission, $750 was upheld in final decisions.
As of the most recent assessment on 2014-10-31.
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.
29.1%
significant & substantial
1.4%
high negligence or reckless
29.1%
reasonably likely or greater
10.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 10.8% low, 87.8% moderate, 1.4% 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.
5 citations taken to the federal commission · 3% of citations on record
  • Settled 5 · 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 1 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$750 proposed, $750 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 2013-06-07.
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 2013-848 Settlement Barbour 2014 $750 → $750
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #2 shows 98% of 230 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: 2015-06-08, 11 years ago
98%
within 1.5 mg/m3
230
samples
14.09
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.
140 samples taken by MSHA inspectors, 90 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR66
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE53
  • BULLDOZER OPERATOR52

Silica (quartz)

Last sampled: 2008-03-11, 18 years ago
21.5
silica avg (%)
11
samples
66.5
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • HIGHWALL DRILL OPERATOR3
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE3

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: 2015-05-15, 11 years ago
6%
over PEL
118
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE38
  • BULLDOZER OPERATOR27
  • HIGHLIFT OPERATOR/FRONT END LOADER25
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 100% 8
2014 100% 12
2013 100% 12
2012 100% 5
2011 100% 14
2010 100% 18
2009 100% 16
2008 100% 12
2007 100% 9
2006 100% 18
2005 89% 9
2004 94% 18
2003 100% 13
2002 100% 15
2001 96% 23
2000 96% 28
Silica (quartz) by year
Year silica avg (%) samples
2008 7.6 1
2005 10.8 1
2003 18.1 1
2002 13.1 1
2001 7.5 2
2000 34.5 5
Noise by year
Year over PEL samples
2015 0% 4
2014 0% 10
2013 0% 10
2012 0% 5
2011 0% 10
2010 0% 10
2009 0% 9
2008 0% 10
2006 0% 10
2005 20% 5
2004 0% 12
2003 17% 6
2002 0% 3
2001 0% 5
2000 56% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#2 recorded 0.00 reportable injury cases per 100 full-time workers in 2014.

Injury rate, 2014
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US coal mining average was 3.96 and the all-US-mining average was 2.93 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.
Year total case rate days-away fatal
2014 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 0.00 0.00 0.000
2005 * 0.00 0.00 0.000
2004 * 0.00 0.00 0.000
2002 * 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. C T & L Coal Company 1996 to 2004
  2. Kincaid Enterprises Inc 2004 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 4,687
2014 10 36,166
2013 8 29,791
2012 8 20,903
2011 10 50,827
2010 10 38,542
2009 9 34,859
2008 10 43,239
2007 12 64,023
2006 12 54,701
2005 16 94,043
2004 16 43,693
2003 10 27,853
2002 10 57,339
2001 11 59,760
2000 11 38,304
Source: MSHA quarterly employment and production, updated weekly.

#2 sits in Bell County, Kentucky, where the Census mining category is 3.6% 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.
Bell County, Kentucky · Population 23,878
3.6%
Mining share of county employment
$32,403
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 0 0 0
2015 Q2 2,029 0 0 0.0
2015 Q1 3,001 0 0 0.0
2014 Q4 5,761 3 0 520.7
2014 Q3 6,260 4 0 639.0
2014 Q2 6,668 0 0 0.0
2014 Q1 6,475 0 0 0.0
2013 Q4 7,515 3 0 399.2
Show 55 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q3 7,649 0 0 0.0
2013 Q2 4,171 6 1 1438.5
2013 Q1 480 0 0 0.0
2012 Q4 0 0 0
2012 Q3 3,818 0 0 0.0
2012 Q2 5,710 3 0 525.4
2012 Q1 5,817 0 0 0.0
2011 Q4 5,996 3 0 500.3
2011 Q3 5,846 0 0 0.0
2011 Q2 5,693 5 0 878.3
2011 Q1 5,664 0 0 0.0
2010 Q4 4,739 7 0 1477.1
2010 Q3 5,654 0 0 0.0
2010 Q2 5,891 4 0 679.0
2010 Q1 5,563 0 0 0.0
2009 Q4 5,331 4 0 750.3
2009 Q3 5,562 5 0 899.0
2009 Q2 3,542 0 0 0.0
2009 Q1 3,075 0 0 0.0
2008 Q4 5,212 0 0 0.0
2008 Q3 5,478 5 0 912.7
2008 Q2 2,454 0 0 0.0
2008 Q1 5,607 6 0 1070.1
2007 Q4 4,559 0 0 0.0
2007 Q3 8,089 6 0 741.7
2007 Q2 8,089 0 0 0.0
2007 Q1 8,719 0 0 0.0
2006 Q4 0 7 0
2006 Q3 10,809 1 0 92.5
2006 Q2 11,770 0 0 0.0
2006 Q1 11,865 8 0 674.3
2005 Q4 10,175 0 0 0.0
2005 Q3 9,096 0 0 0.0
2005 Q2 8,802 5 2 568.1
2005 Q1 7,293 0 0 0.0
2004 Q4 8,267 11 6 1330.6
2004 Q3 8,912 0 0 0.0
2004 Q2 7,396 2 1 270.4
2004 Q1 11,971 3 2 250.6
2003 Q4 4,772 0 0 0.0
2003 Q3 5,644 0 0 0.0
2003 Q2 3,204 0 0 0.0
2003 Q1 4,411 3 3 680.1
2002 Q4 6,509 1 0 153.6
2002 Q3 6,397 5 5 781.6
2002 Q2 6,406 0 0 0.0
2002 Q1 4,161 10 3 2403.3
2001 Q4 5,628 0 0 0.0
2001 Q3 6,632 0 0 0.0
2001 Q2 6,210 10 8 1610.3
2001 Q1 5,402 3 3 555.3
2000 Q4 5,609 2 2 356.6
2000 Q3 5,350 2 1 373.8
2000 Q2 5,219 0 0 0.0
2000 Q1 2,276 1 0 439.4

Fatalities at this mine

1 recorded
September 6, 2000 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer Fatality · SLIP OR FALL OF PERSON
C T & L Coal Company · Fall from machine

EE FELL APPROX 6 FT OFF A KOMATSU DOZER

Reportable incidents

1 on file (excluding fatalities above)

2001 · 1 incident

November 20, 2001 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
C T & L Coal Company · Over-exertion (Not Elsewhere Classified)

MECHANIC TAKING RADIATOR OUT OF UKE HAUL BACK TRUCK. STEEL SLATE BAR SLIPPED HITTING SUBJECT IN STOMACH.