Mining Incidents

#3: 229 MSHA citations Coal

Black Thunder Mining Inc · Underground
Controlled by George Chris Waugh
Price, Floyd County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519347

#3 has $51K in proposed MSHA penalties and $45K outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2009
Latest incident
May 2009
Compliance record
MSHA citations since 2009
229
citations
93
significant & substantial
$51,128
proposed penalties
$5,961
paid to date
12% of proposed penalties paid to date, a $45,167 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
23
inspections on record
1,167
inspection hours
19.6
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.
229 citations across 1,167 inspection hours.
Source: MSHA inspections data, updated weekly.

#3 has $51K in proposed MSHA penalties and $45K 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.
$51K
proposed penalties
$51K
current assessed
$6K
paid to date
$45K
outstanding
215 assessments are final orders; 5 contested dockets.
Of $24K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2010-04-22.
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.
43.3%
significant & substantial
8.8%
high negligence or reckless
43.7%
reasonably likely or greater
12.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 1.4% low, 89.3% moderate, 8.4% high, 0.5% 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.
34 citations taken to the federal commission · 15% of citations on record
  • Stood as issued 21 · 62%
  • Vacated or withdrawn 13 · 38%
50%
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 18 decided S&S contests · industry: 79%
46%
Penalty reduction in decided contests
$24K proposed, $13K 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 2010-07-12.
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 2010-867 Withdrawal Tureck 2011 $8K → $0
KENT 2010-350 Default Lesnick 2011 $6K → $6K
KENT 2010-1293 Default Lesnick 2011 $4K → $4K
KENT 2010-1294 Default Lesnick 2011 $3K → $3K
KENT 2010-868 Withdrawal Tureck 2012 $3K → $0
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #3 shows 92% of 24 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: 2010-03-04, 16 years ago
92%
within 1.5 mg/m3
24
samples
2.72
dust max (mg/m3)
18 samples taken by MSHA inspectors, 6 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR7
  • SCOOP CAR OPERATOR6
  • COAL DRILL OPERATOR3

Silica (quartz)

Last sampled: 2010-03-10, 16 years ago
4.6
silica avg (%)
2
samples
5.7
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR2

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: 2009-09-27, 16 years ago
0%
over PEL
7
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR2
  • COAL DRILL OPERATOR1
  • CUTTING MACHINE OPERATOR1
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 75% 4
2009 95% 20
Silica (quartz) by year
Year silica avg (%) samples
2010 3.5 1
2009 5.7 1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Inner Mountain Mining, Inc 2008 to 2010
  2. Black Thunder Mining Inc 2010 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 14 10,724
2009 11 27,473
Source: MSHA quarterly employment and production, updated weekly.

#3 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
2010 Q1 4,482 86 35 19187.9
2009 Q4 3,200 34 19 10625.0
2009 Q3 1,507 63 26 41804.9
2009 Q2 786 12 3 15267.2
2009 Q1 2,000 6 1 3000.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2009 · 1 incident

May 9, 2009 KY · Coal INUNDATION
Inner Mountain Mining, Inc · Accident type, without injuries

An event of May 9 of 6" - 12" of rain after 8 days of rain caused a failure of diversion lines that were designed according to SMRAC Act of 1977 allowing water to enter the mine.