Mining Incidents

#31: 227 MSHA citations Coal

McCoy Elkhorn Coal Corp · Underground
Controlled by James River Coal Company
Pikeville, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519492

#31 has $60K in proposed MSHA penalties and $15K outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2012–2013
Latest incident
Nov 2013
Compliance record
MSHA citations since 2010
227
citations
90
significant & substantial
$59,570
proposed penalties
$42,265
paid to date
71% of proposed penalties paid to date, a $17,305 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
44
inspections on record
1,474
inspection hours
15.4
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.
227 citations across 1,474 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.
1
Section 107(a) orders
Most recent order: 2011-10-17.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

#31 has $60K in proposed MSHA penalties and $15K outstanding across 4 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.
$60K
proposed penalties
$57K
current assessed
$42K
paid to date
$15K
outstanding
219 assessments are final orders; 4 contested dockets.
Of $8K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2013-05-30.
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.
41.1%
significant & substantial
2.7%
high negligence or reckless
41.1%
reasonably likely or greater
20.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 7.3% low, 89.5% moderate, 2.7% 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.
11 citations taken to the federal commission · 5% of citations on record
  • Settled 11 · 100%
90%
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 10 decided S&S contests · industry: 79%
27%
Penalty reduction in decided contests
$8K proposed, $6K 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 2012-10-22.
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 2013-90 Settlement Gill 2015 $4K → $3K
KENT 2012-1386 Settlement Sippel 2013 $2K → $2K
KENT 2012-1451 Settlement Sippel 2013 $2K → $1K
KENT 2012-423 Settlement Lesnick 2013 $243 → $194
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #31 shows 92% of 130 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: 2012-11-05, 13 years ago
92%
within 1.5 mg/m3
130
samples
6.70
dust max (mg/m3)
66 samples taken by MSHA inspectors, 64 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR65
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)19
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)10

Silica (quartz)

Last sampled: 2012-11-14, 13 years ago
6.2
silica avg (%)
4
samples
8.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR4

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: 2012-11-07, 13 years ago
3%
over PEL
32
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)10
  • CONTINUOUS MINER OPERATOR5
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)5
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
2012 95% 80
2011 88% 50
Silica (quartz) by year
Year silica avg (%) samples
2012 5.5 3
2011 8.2 1
Noise by year
Year over PEL samples
2012 4% 26
2011 0% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#31 recorded 8.68 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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.
8.68
total case rate
2.17
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In Kentucky, coal mining averaged 4.35 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
2012 * 8.68 2.17 0.000
2011 * 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. McCoy Elkhorn Coal Corp 2010 to present
  2. Superior Mining L. L. C. 2011 to 2012
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)
2014 1
2013 1
2012 51 107,389
2011 27 43,612
2010 0
Source: MSHA quarterly employment and production, updated weekly.

#31 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
2014 Q1 240 0 0 0.0
2013 Q4 10 0 0 0.0
2013 Q3 0 0 0
2013 Q2 0 2 0
2013 Q1 530 2 0 3773.6
2012 Q4 17,142 15 7 875.0
2012 Q3 29,590 44 9 1487.0
2012 Q2 29,084 26 8 894.0
Show 8 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q1 16,320 7 5 428.9
2011 Q4 21,878 71 26 3245.3
2011 Q3 17,618 22 17 1248.7
2011 Q2 8,767 25 9 2851.6
2011 Q1 0 0 0
2010 Q4 0 0 0
2010 Q3 0 1 1
2010 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2013 · 1 incident

November 25, 2013 KY · Coal assayer, geologist, metallurgist, engineer, engineer management HANDLING OF MATERIALS
McCoy Elkhorn Coal Corp · Struck by falling object

Employee was holding a piece of belt structure another piece fell striking his hand. He has since had to have a skin graft on his finger.

2012 · 5 incidents

December 24, 2012 KY · Coal security guard, watchman HANDLING OF MATERIALS
McCoy Elkhorn Coal Corp · Struck by... (Not Elsewhere Classified)

sat down in chair and the chair went backwards and employee hit her head on a shelf and said her head, neck, back, and right side of her body hurt

November 9, 2012 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator MACHINERY
McCoy Elkhorn Coal Corp · Struck by falling object

EE was raising the drill boom of the roof bolter to check the size of a busted hydraulic hose. The hose got fouled on the frame of the roof bolter, and when he raised the drill boom and looked under it, the hose came loose and struck him above the left eye, resulting in a cut.

October 17, 2012 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
McCoy Elkhorn Coal Corp · Over-exertion (Not Elsewhere Classified)

EE was folding conveyor belt into laps. He was pulling the belt with channel locks. The channel locks slipped off the belt resulting in EE straining a muscle in his right side.

June 29, 2012 KY · Coal stopping builder, ventilation man, mason man, overcast POWERED HAULAGE
McCoy Elkhorn Coal Corp · Struck by... (Not Elsewhere Classified)

EE was operating a scoop hauling cable bolts. A cable bolt became fouled on the rib, sprang back and struck him on the left eye brow.