Mining Incidents

# 4: 535 MSHA citations Coal

Controlled by Jessica R Lester
Rockhouse, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519208

# 4 has $147K in proposed MSHA penalties and $119K outstanding across 16 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2010
Latest incident
Aug 2010
Compliance record
MSHA citations since 2008
535
citations
108
significant & substantial
$147,037
proposed penalties
$24,809
paid to date
17% of proposed penalties paid to date, a $122,228 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
74
inspections on record
4,755
inspection hours
11.3
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.
535 citations across 4,755 inspection hours.
Source: MSHA inspections data, updated weekly.

# 4 has $147K in proposed MSHA penalties and $119K outstanding across 16 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.
$147K
proposed penalties
$144K
current assessed
$25K
paid to date
$119K
outstanding
531 assessments are final orders; 16 contested dockets.
Of $19K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2016-03-11.
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.
20.3%
significant & substantial
8.1%
high negligence or reckless
20.3%
reasonably likely or greater
6.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.8% none, 14.1% low, 77.0% moderate, 7.9% high, 0.2% 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.
30 citations taken to the federal commission · 6% of citations on record
  • Settled 22 · 73%
  • Stood as issued 5 · 17%
  • Vacated or withdrawn 3 · 10%
91%
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 22 decided S&S contests · industry: 79%
48%
Penalty reduction in decided contests
$19K proposed, $10K 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 2012-05-21.
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 2011-467 Dismissal Andrews 2011 $6K → $5K
KENT 2011-546 Vacate Tureck 2013 $6K → $0
KENT 2012-708 Settlement Lesnick 2013 $2K → $1K
KENT 2009-1221 Settlement Lesnick 2009 $1K → $759
KENT 2009-461 Settlement Lesnick 2010 $828 → $621
KENT 2011-820 Settlement Simonton 2013 $460 → $350
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at # 4 shows 94% of 390 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: 2015-11-06, 10 years ago
94%
within 1.5 mg/m3
390
samples
11.76
dust max (mg/m3)
2
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.
182 samples taken by MSHA inspectors, 208 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR111
  • CUTTING MACHINE OPERATOR89
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)32

Silica (quartz)

Last sampled: 2015-09-03, 10 years ago
5.2
silica avg (%)
25
samples
11.6
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR10
  • CUTTING MACHINE OPERATOR3

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: 2015-06-09, 11 years ago
2%
over PEL
46
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR11
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)7
  • ROOF BOLTER (SINGLE HEAD)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
2015 94% 53
2014 89% 55
2013 100% 36
2012 92% 24
2011 91% 35
2010 96% 78
2009 95% 91
2008 89% 18
Silica (quartz) by year
Year silica avg (%) samples
2015 2.5 2
2014 2.5 3
2012 4.8 4
2011 5.1 4
2010 6.3 3
2009 6.7 7
2008 6.6 2
Noise by year
Year over PEL samples
2015 0% 6
2014 0% 9
2013 13% 8
2011 0% 12
2009 0% 6
2008 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

# 4 recorded 0.00 reportable injury cases per 100 full-time workers in 2015.

Injury rate, 2015
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
Below average. The US coal mining average was 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
In Kentucky, coal mining averaged 4.56 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
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 5.21 0.00 0.000
2009 * 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. P B Dirt Movers Inc. 2008 to 2008
  2. Hubble Mining Company LLC 2008 to 2013
  3. Inspiration Resources Inc. 2013 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 14 53,109
2014 14 73,693
2013 11 59,223
2012 11 14,362
2011 9 32,437
2010 15 92,023
2009 15 95,559
2008 6 14,771
Source: MSHA quarterly employment and production, updated weekly.

# 4 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
2015 Q4 4,480 13 4 2901.8
2015 Q3 7,840 23 2 2933.7
2015 Q2 5,600 18 2 3214.3
2015 Q1 5,040 54 15 10714.3
2014 Q4 5,600 30 7 5357.1
2014 Q3 7,280 35 4 4807.7
2014 Q2 7,280 35 4 4807.7
2014 Q1 7,280 37 5 5082.4
Show 21 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q4 6,720 39 8 5803.6
2013 Q3 6,720 45 10 6696.4
2013 Q2 5,936 51 14 8591.6
2013 Q1 0 1 0
2012 Q2 520 1 0 1923.1
2012 Q1 12,167 25 5 2054.7
2011 Q4 8,086 9 1 1113.0
2011 Q3 2,489 1 0 401.8
2011 Q2 1,927 0 0 0.0
2011 Q1 10,202 6 1 588.1
2010 Q4 10,251 22 4 2146.1
2010 Q3 8,864 1 0 112.8
2010 Q2 9,303 11 5 1182.4
2010 Q1 9,975 4 1 401.0
2009 Q4 9,668 8 2 827.5
2009 Q3 8,736 10 1 1144.7
2009 Q2 8,963 15 4 1673.5
2009 Q1 7,065 0 0 0.0
2008 Q4 7,340 18 4 2452.3
2008 Q3 0 0 0
2008 Q2 2,823 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2010 · 1 incident

August 27, 2010 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator ELECTRICAL
Hubble Mining Company LLC · Contact with electrical current

EE was beginning to make a belt and power move, he was attaching hangers to side power center to hang the miner cable in once move begins and somehow he got shocked.