Mining Incidents

# 5: 1,383 MSHA citations Coal

Bee B & B, LLC · Underground
Controlled by Josh Young
Phyllis, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1515215

# 5 has $623K in proposed MSHA penalties and $544K outstanding across 47 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
18
Years on record
1985–2021
Latest incident
Jun 2021
Compliance record
MSHA citations since 2010
1,383
citations
359
significant & substantial
$622,544
proposed penalties
$57,431
paid to date
9% of proposed penalties paid to date, a $565,113 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
114
inspections on record
11,287
inspection hours
12.3
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.
1,383 citations across 11,287 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: 2011-11-16.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

# 5 has $623K in proposed MSHA penalties and $544K outstanding across 47 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.
$623K
proposed penalties
$601K
current assessed
$57K
paid to date
$544K
outstanding
1,305 assessments are final orders; 47 contested dockets.
Of $105K in penalties contested before the Commission, $83K was upheld in final decisions.
As of the most recent assessment on 2021-05-26.
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.
27.5%
significant & substantial
6.5%
high negligence or reckless
27.6%
reasonably likely or greater
21.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 11.3% low, 82.0% moderate, 6.5% 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.
398 citations taken to the federal commission · 29% of citations on record
  • Settled 344 · 86%
  • Stood as issued 53 · 13%
  • Vacated or withdrawn 1 · 0%
94%
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 81 decided S&S contests · industry: 79%
21%
Penalty reduction in decided contests
$105K proposed, $83K 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 2021-07-27.
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 2019-0169 Settlement Bulluck 2019 $11K → $7K
KENT 2019-0105 Settlement Bulluck 2019 $9K → $7K
KENT 2017-0237 Settlement Bulluck 2017 $8K → $7K
KENT 2018-0327 Default 2020 $8K → $8K
KENT 2020-0134 Settlement Bulluck 2020 $7K → $5K
KENT 2016-0064 Settlement Bulluck 2017 $5K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at # 5 shows 98% of 953 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: 2021-04-14, 5 years ago
98%
within 1.5 mg/m3
953
samples
3.31
dust max (mg/m3)
4
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.
294 samples taken by MSHA inspectors, 659 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR426
  • ROOF BOLTER (SINGLE HEAD)122
  • SCOOP CAR OPERATOR67

Silica (quartz)

Last sampled: 2021-03-08, 5 years ago
2.1
silica avg (%)
42
samples
6.8
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR24
  • ROOF BOLTER (SINGLE HEAD)5

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: 2020-11-18, 5 years ago
0%
over PEL
85
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR23
  • UTILITY MAN16
  • ROOF BOLTER (SINGLE HEAD)15
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
2021 97% 32
2020 99% 155
2019 99% 150
2018 99% 134
2017 98% 134
2016 98% 109
2015 99% 68
2014 96% 54
2013 97% 66
2012 98% 50
2011 100% 1
Silica (quartz) by year
Year silica avg (%) samples
2021 1.6 1
2020 2.1 10
2019 3.1 7
2018 1.7 5
2017 1.0 8
2016 2.2 4
2015 2.3 5
2014 4.2 1
2013 1.6 1
Noise by year
Year over PEL samples
2020 0% 8
2019 0% 13
2018 0% 2
2017 0% 7
2016 0% 8
2015 0% 14
2014 0% 12
2012 0% 15
2011 0% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

# 5 recorded 12.37 reportable injury cases per 100 full-time workers in 2020.

Injury rate, 2020
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.
12.37
total case rate
6.19
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.19 and the all-US-mining average was 2.08 cases per 100 workers.
In Kentucky, coal mining averaged 3.67 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
2020 * 12.37 6.19 0.000
2019 * 5.06 5.06 0.000
2018 * 6.64 3.32 0.000
2017 * 3.46 0.00 0.000
2016 * 3.97 0.00 0.000
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 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. Wellmore Coal Corp 1985 to 2009
  2. Surface Minerals Company 2009 to 2010
  3. M-T Coal Company LLC 2010 to 2011
  4. Mercy Mining, LLC 2011 to 2011
  5. Daystar Coal, LLC 2011 to 2011
  6. Pike Floyd Mining, Inc. 2011 to 2014
  7. Clintwood Coal Corporation 2014 to 2015
  8. Bee B & B, LLC 2015 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)
2022 0
2021 14 40,276
2020 28 78,199
2019 29 108,337
2018 29 93,797
2017 31 103,306
2016 28 97,562
2015 38 124,730
2014 24 57,239
2013 20 45,051
2012 23 47,906
2011 15 6,432
2010 1
Source: MSHA quarterly employment and production, updated weekly.

# 5 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
2022 Q1 0 0 0
2021 Q3 0 0 0
2021 Q2 10,491 2 1 190.6
2021 Q1 16,448 16 1 972.8
2020 Q4 18,120 22 4 1214.1
2020 Q3 14,310 23 3 1607.3
2020 Q2 13,283 35 2 2634.9
2020 Q1 18,936 38 3 2006.8
Show 38 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2019 Q4 19,528 15 4 768.1
2019 Q3 17,018 23 2 1351.5
2019 Q2 19,648 15 3 763.4
2019 Q1 22,856 17 6 743.8
2018 Q4 17,365 50 8 2879.4
2018 Q3 14,223 41 6 2882.7
2018 Q2 16,076 36 8 2239.4
2018 Q1 12,601 14 1 1111.0
2017 Q4 14,509 15 3 1033.8
2017 Q3 15,279 19 3 1243.5
2017 Q2 16,398 15 2 914.7
2017 Q1 11,577 34 10 2936.9
2016 Q4 12,811 10 3 780.6
2016 Q3 8,046 12 3 1491.4
2016 Q2 16,648 19 2 1141.3
2016 Q1 12,908 22 3 1704.4
2015 Q4 24,232 46 8 1898.3
2015 Q3 20,270 48 13 2368.0
2015 Q2 21,882 44 14 2010.8
2015 Q1 9,902 28 8 2827.7
2014 Q4 10,374 47 17 4530.6
2014 Q3 14,606 63 20 4313.3
2014 Q2 9,885 40 19 4046.5
2014 Q1 10,477 44 12 4199.7
2013 Q4 8,209 16 4 1949.1
2013 Q3 6,881 29 4 4214.5
2013 Q2 8,881 39 11 4391.4
2013 Q1 8,935 31 6 3469.5
2012 Q4 9,489 56 22 5901.6
2012 Q3 12,492 68 26 5443.5
2012 Q2 13,465 56 26 4158.9
2012 Q1 5,759 31 6 5382.9
2011 Q4 1,890 119 37 62963.0
2011 Q3 6,044 43 12 7114.5
2011 Q2 8,987 9 1 1001.4
2011 Q1 4,461 9 4 2017.5
2010 Q4 0 2 0
2010 Q1 20 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

18 on file

2021 · 2 incidents

June 14, 2021 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Bee B & B, LLC · Struck by falling object

The employee was loading structure onto a trailer to be moved and EE dropped a piece of the structure on EE's foot causing EE's foot to swell.

March 12, 2021 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Bee B & B, LLC · Struck by... (Not Elsewhere Classified)

Employee was installing a roof bolt in #2 heading when EE was attempting to push the bolt over to the bolter drill pot, the bolt kicked back resulting in a sprained left shoulder. Employee didn't go to the ER until 03/15/2021 and will follow-up on 03/18/2021.

2020 · 4 incidents

November 9, 2020 KY · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator POWERED HAULAGE
Bee B & B, LLC · Caught in, under or between a moving and a stationary object

The employee was operating a scoop and when turning a corner they inadvertly placed a hand on the bumper pad at the center section and when the scoop made it's swivel it pinched the two middle fingers on left hand.

October 23, 2020 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Bee B & B, LLC · Over-exertion in pulling or pushing objects

The miner states that EE was dragging a bag of rock dust down 2 belt to dust it when EE's ribs started hurting. EE states didn't hit anything so EE is unsure what hurt EE.

June 3, 2020 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Bee B & B, LLC · Over-exertion (Not Elsewhere Classified)

Employee says that when EE was bending a bolt it slipped and shifted EE's weight causing pain in EE's left shoulder and chest area. The employee did not tell the Foreman that EE was injured until 06/08/2020, knowing that if you are injured it is to be reported immediately.

April 27, 2020 KY · Coal driller operator SLIP OR FALL OF PERSON
Bee B & B, LLC · Over-exertion (Not Elsewhere Classified)

The employee stated that EE was getting off of the drill and somehow EE's foot got caught on the drill causing EE to twist right knee. The employee worked the rest of the shift without reporting the accident. The employee didn't show up for work the next day. Then two days later the employee said that EE had went to the ER.

2019 · 2 incidents

September 12, 2019 KY · Coal electrician, lineman HANDLING OF MATERIALS
Bee B & B, LLC · Over-exertion in lifting objects

Employee was loading tool bar on 4 wheel buggy and claimed to have twisted the wrong way and threw back out.

August 5, 2019 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
Bee B & B, LLC · Struck against stationary object

Accident was not reported until 8/15/19. This employee said EE developed an infection in EE's hand later due to this small scratch.

2018 · 3 incidents

December 12, 2018 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Bee B & B, LLC · Struck by flying object

Employee was busting rock, attempted to strike a rock 4in thick, 2ft. wide, when EE did, the rock flew toward EE hitting EE's right hand. EE was taken to ER for treatment where EE received x-rays and 6 stitches. EE was released to return to full duty the same day.

April 4, 2018 KY · Coal scoop tram operator, load/haul/dump operator POWERED HAULAGE
Bee B & B, LLC · Struck against a moving object

While hauling out of #2 on scoop EE ran over a rock bouncing & jarring back.

February 26, 2018 KY · Coal FALL OF ROOF OR BACK
Bee B & B, LLC · Accident type, without injuries

Non injury roof fall was discovered 2/26/18 at 6am on the return side #4 entry spad# 1 break inby 1814. Cribbed area off, did not impede travel &/or hamper ventilation. Approximately 8' high, 20' wide x 20' long.

2017 · 1 incident

July 13, 2017 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Bee B & B, LLC · Struck by falling object

Employee was attempting to bust a block of coal and accidentally contacted the roof with the hammer and dislodged a rock which fell and struck employee's hand causing a laceration.

2016 · 1 incident

March 18, 2016 KY · Coal electrician, lineman FALL OF ROOF OR BACK
Bee B & B, LLC · Struck by falling object

The 3rd shift electrician was crawling back to buggy while scooting a hydraulic reel motor, when a rock fell from the top and struck EE on the right hand between the thumb and index finger. The next day it swelled up and after a couple of days it wouldn't go back down. EE went and had x-rays and it was determined to be broken.

2015 · 1 incident

October 14, 2015 KY · Coal FALL OF ROOF OR BACK
Bee B & B, LLC · Accident type, without injuries

Rock Fall occurred at spad 1005 neutral beside #7 belt. Rock was 20'x 22' from 0 to 42". Area was cribbed off and did not impede travel or ventilation.

2012 · 1 incident

May 29, 2012 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Pike Floyd Mining, Inc. · Caught in, under or between a moving and a stationary object

Picking rock at feeder and rock hit hand and caught hand between rock & mine roof.

2011 · 1 incident

July 12, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Mercy Mining, LLC · Caught in, under or between a moving and a stationary object

Crawling and hit lever causing the pot to raise pinching arm between mine roof and pot of roof bolter.

1987 · 1 incident

October 14, 1987 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Wellmore Coal Corp · Struck by... (Not Elsewhere Classified)

EMPLOYEE HAD HO2KED WINCH LINE TO A DOWNED TREE DOZER STRATED TO PULL THE TREE IT CAUGHT ON STUMP WHICH ACTED AS A PIVOT SWINGING TREE AROUND CAUSING THE TREE TO STRIKE EMPLOYEE IN HIS BACK, RESULTING IN A 6RUISED BACK.

1985 · 1 incident

December 27, 1985 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Wellmore Coal Corp · Over-exertion in lifting objects

EE WAS LIFTING 5 TRUNNION BALL ON A D-9 DOZER & S TRAINED HIS BACK.