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.
211 citations across 2,421 inspection hours.
Source: MSHA inspections data, updated weekly.
#5 has $84K in proposed MSHA penalties and $0 outstanding across 36 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.
$84K
proposed penalties
$72K
current assessed
$72K
paid to date
$0
outstanding
210 assessments are final orders; 36 contested dockets.
Of $61K in penalties contested before the Commission, $49K was upheld in final decisions.
As of the most recent assessment on 2016-07-18.
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.
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.
96citations taken to the federal commission · 45% of citations on record
Settled
95 · 99%
Stood as issued
1 · 1%
98%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 48 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$58K proposed, $46K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2016-09-18.
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.
MSHA sampling at #5 shows 100% of 168 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: 2016-07-20, 10 years ago
100%
within 1.5 mg/m3
168
samples
1.07
dust max (mg/m3)
0
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.
166 samples taken by MSHA inspectors, 2 by the operator.
Most-sampled occupations
BULLDOZER OPERATOR39
HIGHLIFT OPERATOR/FRONT END LOADER35
REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE28
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.
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.
#5 recorded 4.17 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.
4.17
total case rate
4.17
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 *
4.17
4.17
0.000
2011
1.75
1.75
0.000
2010
1.47
1.47
0.000
2009
6.89
4.14
0.000
2008
4.32
4.32
0.000
2007
1.04
0.00
0.000
2006
2.54
2.54
0.000
2005
2.74
2.74
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.
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)
2017
0
2016
0
2015
0
2014
0
2013
0
40
2012
23
78,826
2011
46
255,070
2010
48
210,177
2009
52
402,211
2008
67
553,437
2007
69
517,373
2006
57
585,954
2005
54
508,949
2004
56
739,097
2003
47
955,024
2002
34
738,325
2001
14
219,330
Source: MSHA quarterly employment and production, updated weekly.
#5 sits in Martin County, Kentucky, where the Census mining category is 8.0% 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.
Martin County, Kentucky · Population 11,181
8.0%
Mining share of county employment
$46,185
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
2017 Q1
0
0
0
2016 Q4
0
0
0
2016 Q3
0
1
1
2016 Q2
0
0
0
2016 Q1
0
0
0
2015 Q4
0
0
0
2015 Q3
0
0
0
2015 Q2
0
0
0
Show 54 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2015 Q1
0
0
0
2014 Q4
0
0
0
2014 Q3
0
0
0
2014 Q2
0
0
0
2014 Q1
0
0
0
2013 Q4
0
0
0
2013 Q2
0
2
0
2013 Q1
726
0
0
0.0
2012 Q4
700
1
0
1428.6
2012 Q3
8,506
0
0
0.0
2012 Q2
21,713
5
0
230.3
2012 Q1
17,094
0
0
0.0
2011 Q4
19,945
4
2
200.6
2011 Q3
31,559
11
2
348.6
2011 Q2
32,906
3
1
91.2
2011 Q1
30,203
0
0
0.0
2010 Q4
35,732
6
1
167.9
2010 Q3
34,456
6
2
174.1
2010 Q2
29,658
0
0
0.0
2010 Q1
36,250
1
0
27.6
2009 Q4
32,494
5
4
153.9
2009 Q3
29,004
1
0
34.5
2009 Q2
43,011
6
3
139.5
2009 Q1
40,561
9
3
221.9
2008 Q4
34,506
0
0
0.0
2008 Q3
54,127
7
1
129.3
2008 Q2
41,523
0
0
0.0
2008 Q1
54,939
8
1
145.6
2007 Q4
46,742
18
2
385.1
2007 Q3
49,637
3
1
60.4
2007 Q2
46,422
19
4
409.3
2007 Q1
48,655
2
2
41.1
2006 Q4
28,152
9
7
319.7
2006 Q3
45,613
5
4
109.6
2006 Q2
38,985
0
0
0.0
2006 Q1
44,797
21
9
468.8
2005 Q4
33,617
0
0
0.0
2005 Q3
44,480
4
3
89.9
2005 Q2
45,402
0
0
0.0
2005 Q1
22,617
5
4
221.1
2004 Q4
25,882
0
0
0.0
2004 Q3
39,453
3
2
76.0
2004 Q2
49,686
0
0
0.0
2004 Q1
41,023
7
5
170.6
2003 Q4
44,750
0
0
0.0
2003 Q3
35,301
5
1
141.6
2003 Q2
27,167
0
0
0.0
2003 Q1
20,943
9
7
429.7
2002 Q4
25,723
0
0
0.0
2002 Q3
24,360
3
1
123.2
2002 Q2
24,185
0
0
0.0
2002 Q1
16,472
2
0
121.4
2001 Q4
14,623
0
0
0.0
2001 Q3
4,894
0
0
0.0
No fatalities recorded at this mine.
Reportable incidents
23 on file
2020 · 1 incident
January 13, 2020KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSLIP OR FALL OF PERSON
Employee was working on some reclamation. EE was helping put a drain in a pond when EE got foot stuck in some mud. EE slipped and fell hitting head on a rock.
2012 · 1 incident
April 4, 2012KY · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerMACHINERY
Employee was hitting a sprocket with a hammer and a piece of hammer chipped off and hit him on his right lower arm. He received 6 stitches. No lost time
July 7, 2009KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDTOOLS (NONPOWERED)
After maintenance was done, EE was gathering tools and when he bent over a slate bar was hanging out from the cat walk, EE ran into it. He got 3 stitches over his right eye. No lost time.
Employee was helping change a packing kit on a power head sump cylinder he was talking the bolts out of the cylinder head. When the head blew off and hit him in the upper left leg. He received bruising on his upper leg.
June 11, 2008KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
He was coming down ladder off of the highwall miner when his feet slipped causing him to fall and strike his right side on the base of the frame ladder. He fell 4' & fractured 1 rib on his right side.
January 3, 2008KY · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDTOOLS (NONPOWERED)
Hi Wall fall, on SHM Miner #17. Approximate size of fall was 60' high, 20' wide and 125' long. No employees were involved. Employee was doing maintenance on miner at the time. Miner was backed away fron the Hi Wall at the time of the fall.
He was working on hi wall miner when he stepped off miner, raised up and hit his head on beam table. Cut on top of his head, got 7 staples. No lost time.
2006 · 2 incidents
August 5, 2006KY · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanSLIP OR FALL OF PERSON
Employee was watering road at Mayo #5. Going up hill when engine bulged down. Truck started rolling backwards, hit berm and turned over. Bruised his neck/hip/& left leg. No Lost Time.
May 20, 2005KY · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorHANDTOOLS (NONPOWERED)
EE HAD REMOVED A BROKEN BOLT FROM THE UNDER CARRIAGE. HE WAS SLIDING OUT FROM UNDER THE UNDER CARRIAGE WHEN THE WELD BROKE AND ONE OF THE BOGGIES SWUNG DOWN HITTING HIM. IT BROKE HIS RIGHT AW AND BRUISED HIS RIGHT SHOULDER.
2003 · 1 incident
November 6, 2003KY · Coalgreaser, grease man, oiler, lube man, dragline oilerHANDLING OF MATERIALS
Mayo Resources Inc · Absorption of radiations, caustics, toxic and noxious substances
EE WAS CHECKING ANTIFREEZE IN D11 DOZER WHEN HE LOOSENED RADIATOR CAP, ANTIFREEZE CAME OUT AND BURNED LEFT HAND.
2002 · 1 incident
June 10, 2002KY · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerPOWERED HAULAGE