Mining Incidents

#4: 667 MSHA citations Coal

Century Operations LLC · Underground
Controlled by Broe Companies Inc
Beverly, Clay County, KY  ·  Abandoned
MSHA Mine ID: 1518422

#4 has $204K in proposed MSHA penalties and $84K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
26
Years on record
2001–2008
Latest incident
Oct 2008
Compliance record
MSHA citations since 2001
667
citations
350
significant & substantial
$204,079
proposed penalties
$100,717
paid to date
49% of proposed penalties paid to date, a $103,362 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
90
inspections on record
3,717
inspection hours
17.9
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.
667 citations across 3,717 inspection hours.
Source: MSHA inspections data, updated weekly.

#4 has $204K in proposed MSHA penalties and $84K outstanding across 8 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.
$204K
proposed penalties
$185K
current assessed
$101K
paid to date
$84K
outstanding
623 assessments are final orders; 8 contested dockets.
Of $80K in penalties contested before the Commission, $61K was upheld in final decisions.
As of the most recent assessment on 2009-06-02.
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.
55.2%
significant & substantial
6.9%
high negligence or reckless
55.2%
reasonably likely or greater
4.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.3% low, 89.7% moderate, 6.9% 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.
70 citations taken to the federal commission · 10% of citations on record
  • Settled 37 · 53%
  • Stood as issued 33 · 47%
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 42 decided S&S contests · industry: 79%
24%
Penalty reduction in decided contests
$80K proposed, $61K 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 2009-01-26.
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 2006-365 Default Lesnick 2007 $22K → $22K
KENT 2006-207 Settlement Melick 2006 $17K → $15K
KENT 2006-366 Default Lesnick 2007 $12K → $12K
KENT 2009-514 Settlement McCarthy 2011 $10K → $3K
KENT 2009-156 Settlement McCarthy 2011 $8K → $2K
KENT 2006-208 Settlement Melick 2006 $6K → $5K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #4 shows 96% of 349 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: 2008-12-02, 17 years ago
96%
within 1.5 mg/m3
349
samples
6.69
dust max (mg/m3)
206 samples taken by MSHA inspectors, 143 by the operator.
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR73
  • CONTINUOUS MINER OPERATOR57
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)39

Silica (quartz)

Last sampled: 2008-12-12, 17 years ago
12.1
silica avg (%)
28
samples
23.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR12
  • MOBILE BRIDGE OPERATOR6

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: 2008-09-26, 17 years ago
2%
over PEL
42
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)7
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
2008 95% 21
2006 98% 42
2005 92% 64
2004 93% 14
2003 97% 87
2002 98% 114
2001 100% 7
Silica (quartz) by year
Year silica avg (%) samples
2008 16.7 2
2006 16.9 3
2005 9.4 10
2004 11.7 1
2003 12.1 2
2002 12.4 10
Noise by year
Year over PEL samples
2008 0% 9
2006 0% 12
2003 0% 5
2002 6% 16
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#4 recorded 16.72 reportable injury cases per 100 full-time workers in 2005.

Injury rate, 2005
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.
16.72
total case rate
11.15
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 5.11 and the all-US-mining average was 4.21 cases per 100 workers.
In Kentucky, coal mining averaged 5.46 cases per 100 workers that year.
Year total case rate days-away fatal
2005 16.72 11.15 0.000
2003 * 9.53 9.53 0.000
2002 * 10.50 10.50 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. Chas Coal Llc 2001 to 2001
  2. Colsams Mining Corporation 2001 to 2002
  3. Calvary Coal Company, Inc. 2002 to 2003
  4. Free Dome Coal Inc 2003 to 2004
  5. Rebco Coal, Inc. 2004 to 2005
  6. Century Operations LLC 2005 to present
  7. Genesis Mining LLC 2006 to 2006
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)
2009 2
2008 14 3,968
2006 33 57,202
2005 41 219,536
2004 12 2,071
2003 40 148,701
2002 29 123,372
2001 2 1,117
Source: MSHA quarterly employment and production, updated weekly.

#4 sits in Clay County, Kentucky, where the Census mining category is 0.9% 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.
Clay County, Kentucky · Population 20,105
0.9%
Mining share of county employment
$39,607
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
2009 Q1 648 6 1 9259.3
2008 Q4 14,098 44 16 3121.0
2008 Q3 7,795 32 11 4105.2
2008 Q2 1,390 0 0 0.0
2006 Q3 4,762 56 14 11759.8
2006 Q2 19,290 42 25 2177.3
2006 Q1 28,715 43 22 1497.5
2005 Q4 35,217 89 63 2527.2
Show 17 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2005 Q3 27,455 28 19 1019.9
2005 Q2 28,767 46 24 1599.1
2005 Q1 16,205 72 37 4443.1
2004 Q4 2,720 8 5 2941.2
2004 Q3 0 3 2
2004 Q2 1,680 2 1 1190.5
2004 Q1 3,000 7 7 2333.3
2003 Q4 19,567 31 27 1584.3
2003 Q3 25,604 9 3 351.5
2003 Q2 18,150 32 15 1763.1
2003 Q1 20,653 11 6 532.6
2002 Q4 3,867 11 5 2844.6
2002 Q3 14,218 6 4 422.0
2002 Q2 18,813 3 0 159.5
2002 Q1 20,252 29 12 1432.0
2001 Q4 10 16 7 1600000.0
2001 Q3 240 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

26 on file

2008 · 3 incidents

October 23, 2008 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Century Operations LLC · Over-exertion in lifting objects

Employee was lifting objects, putting up supplies and felt pain in the lower back and in left leg.

September 10, 2008 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Century Operations LLC · Over-exertion (Not Elsewhere Classified)

Injury said that he was trying to exit the scoop & his foot got stuck under the starting box. He twisted his knee trying to get out. He said if the foreman would take it easy on him, he wouldn't go outside and fill out an acc. rpt or go home and seek medical attention. There were two witness besides the foreman to this statement.

July 21, 2008 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Century Operations LLC · Struck against a moving object

The miner was going underground, operating a scoop. The scoop hit the outside canopy, the miner slid over and hit his neck.

2006 · 4 incidents

February 17, 2006 KY · Coal FALL OF ROOF OR BACK
Century Operations LLC · Accident type, without injuries

A roof fall occurred in the 11th crosscut in the track entry along the no. 4 belt measuring 20'x30'x3' thick. The area had been developed approx 2 years ago.

January 25, 2006 KY · Coal FALL OF ROOF OR BACK
Century Operations LLC · Accident type, without injuries

Roof fall found in the abandoned area of the 004 section. Fall was in the 50th crosscut in the no. 7 entry of the previous no. 7 belt, measuring 20'x 20'x 8' thick. This area will be cleaned and re-supported.

January 25, 2006 KY · Coal FALL OF ROOF OR BACK
Century Operations LLC · Accident type, without injuries

Roof fall found in the abandoned area of the 004 section in the 50th x-cut, no. 6 entry, measuring 20' x 20' x 8' thick. This area will be cleaned and re-supported.

January 25, 2006 KY · Coal FALL OF ROOF OR BACK
Century Operations LLC · Accident type, without injuries

Roof fall found in the abandoned area of the 004 section, in the no. 4 entry, measuring 20' x 20' x 7' thick. This area will be cleaned and re-supported.

2005 · 11 incidents

December 27, 2005 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider SLIP OR FALL OF PERSON
Century Operations LLC · Fall to the walkway or working surface

EMPLOYEE STATED THAT HE WAS CROSSING THE CROSS-OVER OUTSIDE WHEN HE SLIPPED AND FELL, STRIKING HIS RIGHT SHOULDER.

October 29, 2005 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Century Operations LLC · Struck by... (Not Elsewhere Classified)

Employee was using a belt knife when it slipped and struck his left thumb. The laceration required sutures.

October 19, 2005 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Century Operations LLC · Over-exertion in lifting objects

Employee stated that strained his back while lifing a belt roller.

October 17, 2005 KY · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Century Operations LLC · Over-exertion in pulling or pushing objects

Employee stated that he strained his back while pulling on belt structure.

October 14, 2005 KY · Coal FALL OF ROOF OR BACK
Century Operations LLC · Accident type, without injuries

A roof fall measuring approx. 30' long, 20' wide and aprox. 4.5 thick occurred in the no. 6 entry of the submains. The fall did not impair ventilation or emtrap equipment.

October 12, 2005 KY · Coal FALL OF ROOF OR BACK
Century Operations LLC · Accident type, without injuries

A roof fall measuring approx. 38' long, 20' wide and approx. 8' thick occurred in the neutal entry just outby the no. 6 belt drive at the second panel left off of the submains.

September 2, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Century Operations LLC · Struck against stationary object

EE WAS RIDING IN A MANTRIP THAT WAS DEAD. IN AN ATTEMPT TO GET THE UNIT TO THE CHARGING STATION, HE HAD A SCOOP PUSH THE UNIT. IT THEN WEDGED AND CAUSED THE EE TO HIT THE MINE ROOF.

July 28, 2005 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator ELECTRICAL
Century Operations LLC · Contact with electrical current

EMPLOYEE WAS ATTEMPTING TO MOVE A SHUTTLE CAR CABLE WHEN HE CAME INTO CONTACT WITH A BARE PLACE IN THE CABLE, CAUSING HIM TO RECEIVE A SHOCK.

May 16, 2005 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Century Operations LLC · Struck against a moving object

EMPLOYEE WAS RIDING IN A SCOOP WHEN IT HIT A HOLE, CAUSING HIM TO STRIKE HIS BACK AGAINST THE FRAME OF THE MACHINE. EE BEGAN MISSING WORK ON 6/8/05 & RETURNED TO WORK ON 6/26/05.

May 11, 2005 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Century Operations LLC · Caught in, under or between a moving and a stationary object

EE WAS ASSISTING WITH THE INSTALLATION OF A BELT RAIL WHEN HE GOT HIS LEFT MIDDLE FINGER PINCHED BETWEEN THE RAIL AND THE STAND. THE LACERATION REQUIRED SUTURES.

April 21, 2005 KY · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Century Operations LLC · Struck against stationary object

EE was struck on left hand with anchor, causing a fracture to ring finger.

2003 · 4 incidents

October 29, 2003 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss

THE EE HAD A CHAIN HOOKED TO THE LOW STRUCTURE AND TO THE CONTINOUS MINER. WHEN HE ATTEMPTED TO PULL THE LOW STRUCTURE BACK WITH THE MINER. THE PULL CHAIN BROKE, FLEW BACK AND STRUCK HIM IN TH E RIGHT EYE.

June 8, 2003 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler

THE EMPLOYEE WAS REMOVING A BOTTOM BELT ROLLER STAND FROM THE #4 BELT LINE, WHEN HE FELT PAIN IN HIS LOWER BACK.

May 15, 2003 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Calvary Coal Company, Inc. · Over-exertion (Not Elsewhere Classified)

EE WAS SWINGING THE BOOM OUT TO INSTALL THE OUTSIDE BOLT. HE SAID THAT HE FELT POWER ON THE BOLTER, WHICH CAUSED HIM TO SWING THE BOOM AGAINST THE RIB, HURTING HIS NECK. HOWEVER THE ELECTRICIA N CHECKED THE FRAME OF THE MACHINE FOR STRAY VOLTAGE AND FOUND NONE.

March 10, 2003 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Calvary Coal Company, Inc. · Over-exertion in wielding or throwing objects

THE EE WAS SETTING MINING TIMBERS, HE WAS ON HISKNEES . HE PICKED UP A TIMBER, TURNED AROUND ON HIS KNEE TO THROW IT. TWISTED HIS KNEE. THIS ACCIDENT OCCURRED ON 3-10-03. HOWEVER THE EE DIDN'T LOOSE ANY TIME UNTIL 3-26-03

2002 · 3 incidents

November 15, 2002 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator EXPLODING VESSELS UNDER PRESSURE
Calvary Coal Company, Inc. · Contact with hot objects or substances

EE WAS OPERATING A SHUTTLE CAR AND BECAME STUCK ON THE FEEDER (PUMPING POINT). HIS COWORKER #2 CAR DRIVE WAS ALSO STUCK ON THE FEEDER. THE #1 CAR DRIVER GOT ON THE SCOOP AND BEGAN TO CLEAN UP THE DUMP, NOT REALIZING THERE WERE OXYGEN & ACETYLENE TANKS IN THE SCOOP BUCKET. HE PUSHED THE TANKS INTO THE FEEDER AND THEY EXPLODED.

November 15, 2002 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator EXPLODING VESSELS UNDER PRESSURE
Calvary Coal Company, Inc. · Contact with hot objects or substances

EE (#2 CAR DRIVER) WAS OPERATING A SHUTTLE CAR. THE CAR BECAME STUCK ON THE FEEDER. HIS COWORKER #1 CAR DRIVER WAS ALSO STUCK. THE #1 CAR DRIVER GOT ON THE 488 SCOOP AND BEGAN TO CLEAN THE LOO SE COAL FROM THE DUMPING POINT. NOT REALIZING THAT THERE WERE AN OXYGEN AND ACETYLENE TANK IN THE SCOOP BUCKET, HE PUSHED THEM INTO THE FEEDER. THE ACETYLENE TANK EXPLODED.

January 24, 2002 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler MACHINERY
Calvary Coal Company, Inc. · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS HELPING ON A ROOF BOLTER, HE WAS STANDING ON THE OFF SIDE FROM THE OPERATOR, WHEN THE OPERATOR ADVANCED THE ROOF BOLTER, THE BOLT MACHINE RAN OVER EMPLOYEE'S FOOT.

2001 · 1 incident

November 24, 2001 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Colsams Mining Corporation · Caught in, under or between a moving and a stationary object

EMPLOYEE CAR DRIVER, HE WAS PULLING COAL FROM # 1 HEADING HE CAME AROUND TOO CLOSE AND HE WAS LEANING OUT OF CAR AND GOT BETWEEN CAR AND RIB, BROKE 3 RIBS AND CUT RIGHT ARM.