Mining Incidents

67-C Daniels Creek: 186 MSHA citations Coal

Controlled by Kautilya K Sharma
Regina, Pike County, KY  ·  Temporarily Idled
MSHA Mine ID: 1517789

67-C Daniels Creek has $37K in proposed MSHA penalties and $8K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
13
Years on record
1998–2011
Latest incident
Aug 2011
Compliance record
MSHA citations since 2001
186
citations
94
significant & substantial
$36,974
proposed penalties
$28,233
paid to date
76% of proposed penalties paid to date, a $8,741 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
94
inspections on record
2,398
inspection hours
7.8
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.
186 citations across 2,398 inspection hours.
Source: MSHA inspections data, updated weekly.

67-C Daniels Creek has $37K in proposed MSHA penalties and $8K outstanding across 2 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.
$37K
proposed penalties
$36K
current assessed
$28K
paid to date
$8K
outstanding
182 assessments are final orders; 2 contested dockets.
Of $7K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2023-07-19.
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.
51.6%
significant & substantial
2.2%
high negligence or reckless
51.6%
reasonably likely or greater
13.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.3% low, 77.5% moderate, 2.2% 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.
12 citations taken to the federal commission · 6% of citations on record
  • Settled 12 · 100%
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 3 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$2K proposed, $2K 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 2012-10-09.
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
KENT20010014 Withdrawal 2000 $5K → $0
KENT 2013-44 Settlement Feldman 2013 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at 67-C Daniels Creek shows 98% of 241 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: 2013-05-29, 13 years ago
98%
within 1.5 mg/m3
241
samples
3.11
dust max (mg/m3)
195 samples taken by MSHA inspectors, 46 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR66
  • HIGHWALL DRILL OPERATOR56
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE41

Silica (quartz)

Last sampled: 2006-04-18, 20 years ago
17.3
silica avg (%)
12
samples
28.1
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR5
  • BLASTER/SHOOTER/SHOTFIRER4
  • BULLDOZER 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: 2013-01-23, 13 years ago
8%
over PEL
66
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE19
  • BULLDOZER OPERATOR16
  • HIGHLIFT OPERATOR/FRONT END LOADER14
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
2013 100% 13
2012 100% 12
2011 100% 12
2010 100% 9
2009 95% 19
2008 95% 21
2007 96% 24
2006 100% 12
2005 100% 16
2004 95% 19
2003 100% 20
2002 100% 30
2001 97% 34
Silica (quartz) by year
Year silica avg (%) samples
2006 11.2 2
2005 26.4 1
2004 19.2 2
2003 19.6 3
2002 17.2 3
2001 10.0 1
Noise by year
Year over PEL samples
2013 0% 5
2012 0% 7
2011 0% 5
2008 40% 5
2007 15% 13
2005 0% 5
2004 0% 5
2003 0% 6
2002 0% 6
2001 11% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

67-C Daniels Creek recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 3.68 3.68 0.000
2008 * 3.61 3.61 0.000
2007 * 0.00 0.00 0.000
2006 * 3.00 0.00 0.000
2005 * 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. Coal Mac Inc 1996 to 2000
  2. Apex Energy Inc 2000 to 2023
  3. Myra Resources, LLC. 2023 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)
2017 0
2016 0
2015 0
2014 0
2013 5 22,800
2012 11 52,362
2011 17 94,534
2010 16 61,286
2009 20 69,672
2008 21 130,512
2007 21 146,432
2006 23 196,361
2005 39 241,413
2004 49 437,969
2003 41 519,539
2002 32 390,238
2001 32 376,650
2000 1 1,650
Source: MSHA quarterly employment and production, updated weekly.

67-C Daniels Creek 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
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
Show 58 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2013 Q3 1,038 0 0 0.0
2013 Q2 1,950 1 0 512.8
2013 Q1 4,202 2 0 476.0
2012 Q4 4,473 0 0 0.0
2012 Q3 3,264 12 3 3676.5
2012 Q2 9,163 0 0 0.0
2012 Q1 12,908 7 1 542.3
2011 Q4 17,996 4 1 222.3
2011 Q3 10,553 3 2 284.3
2011 Q2 8,456 5 0 591.3
2011 Q1 8,504 2 1 235.2
2010 Q4 3,188 0 0 0.0
2010 Q3 10,458 0 0 0.0
2010 Q2 13,185 0 0 0.0
2010 Q1 12,356 2 2 161.9
2009 Q4 9,750 2 0 205.1
2009 Q3 15,510 0 0 0.0
2009 Q2 13,031 7 3 537.2
2009 Q1 16,125 5 2 310.1
2008 Q4 14,214 6 3 422.1
2008 Q3 16,183 0 0 0.0
2008 Q2 13,041 6 4 460.1
2008 Q1 11,910 0 0 0.0
2007 Q4 9,871 5 3 506.5
2007 Q3 16,155 3 0 185.7
2007 Q2 14,911 0 0 0.0
2007 Q1 17,483 5 2 286.0
2006 Q4 14,681 0 0 0.0
2006 Q3 16,335 2 1 122.4
2006 Q2 17,858 1 1 56.0
2006 Q1 17,803 0 0 0.0
2005 Q4 21,964 8 4 364.2
2005 Q3 22,842 0 0 0.0
2005 Q2 26,925 6 1 222.8
2005 Q1 27,276 0 0 0.0
2004 Q4 38,654 6 5 155.2
2004 Q3 22,989 0 0 0.0
2004 Q2 30,929 3 3 97.0
2004 Q1 25,908 1 1 38.6
2003 Q4 29,461 4 4 135.8
2003 Q3 19,224 5 5 260.1
2003 Q2 29,881 16 6 535.5
2003 Q1 23,023 2 2 86.9
2002 Q4 10 11 5 1100000.0
2002 Q3 24,053 0 0 0.0
2002 Q2 24,199 1 0 41.3
2002 Q1 28,598 1 1 35.0
2001 Q4 24,485 1 0 40.8
2001 Q3 24,370 0 0 0.0
2001 Q2 15,557 1 1 64.3
2001 Q1 14,785 3 2 202.9
2000 Q4 0 0 0
2000 Q3 0 0 0
2000 Q2 0 0 0
2000 Q1 40 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

13 on file

2011 · 1 incident

August 24, 2011 KY · Coal INUNDATION
Apex Energy Inc · Accident type, without injuries

Excavator operator was reclaiming a sediment pond when the excavator bucket struck a gas line puncturing it causing gas to be released in the atmosphere. No injury or equipment damage occurred during this incident other than the puncture to the gas line. This is being reported per instructions from MSHA.

2009 · 2 incidents

April 15, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Apex Energy Inc · Over-exertion (Not Elsewhere Classified)

Operator was dismounting rock truck and twisted his right foot(ankle).

January 24, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
Apex Energy Inc · (Not Elsewhere Classified)

The EE was found in his pick-up truck unresponsive on the mine access road. There was no evidence of a mine accident, injury or mine related illness. It appears that the EE died of natural causes from an apparent heart attack. (Death certificate is pending).

2008 · 1 incident

September 10, 2008 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Apex Energy Inc · Fall from machine

Opr jumped off excavater truck instead of using hand rails to get down. EE sprained his right ankle.

2006 · 1 incident

February 4, 2006 KY · Coal outside foreman, leadman HANDLING OF MATERIALS
Apex Energy Inc · Caught in, under or between a moving and a stationary object

Employee was covering up 992D parts with plastic when the axle rolled off trapping his right middle finger with a rock.

2002 · 4 incidents

October 24, 2002 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Apex Energy Inc · Caught in, under or between a moving and a stationary object

#303 CATERPILLAR ROCK TRUCK BACKED INTO THE #332 KOMATSU ROCK TRUCK CRUSHING THE CAB AND CAUSING THE VICTIM TO BE PINNED BENEATH THE STEERING WHEEL AND CAUSING CUTS TO BOTH OF THE VICTIMS LEGS .

August 17, 2002 KY · Coal truck driver HANDLING OF MATERIALS
Apex Energy Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS CLIMBING DOWN LADDER OF TRUCK. HAD A SHARP PAIN IN HIS SIDE.

July 25, 2002 KY · Coal truck driver POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

OPERATOR SAID THAT HE WAS HAVING PAIN IN HIS BACK AND THAT IT GOT WORSE DURING THE SHIFT.

July 22, 2002 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech EXPLODING VESSELS UNDER PRESSURE
Apex Energy Inc · Absorption of radiations, caustics, toxic and noxious substances

FUEL HOSE ON FUEL TRUCK BLEW OUT CAUSING FUEL TO SPRAY INTO HIS EYES.

2001 · 2 incidents

May 10, 2001 KY · Coal truck driver HANDLING OF MATERIALS
Apex Energy Inc · Over-exertion (Not Elsewhere Classified)

WHEN CLIMBING LADDER TO GET INTO 33 ROCK TRK. PULLE MUSCLE ON RIGHT ARM.

April 4, 2001 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Apex Energy Inc · Struck by... (Not Elsewhere Classified)

MISSED PIN THEY WERE DRIVING IN D9 DOZER, HAMMER HIT HIM IN FOREHEAD, RESULTING IN TWO INCH DIAMETER KNOTT ON HIS FORHEAD, NO BROKEN SKIN OR LOSS OF CONSCIOUSNESS.

1999 · 1 incident

September 1, 1999 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Coal Mac Inc · Struck against a moving object

DOZER OPERATOR WAS PUSHING BRUSH DOWN HILL & DOZER OVERTURNED

1998 · 1 incident

March 14, 1998 KY · Coal welder (shop) HANDTOOLS (NONPOWERED)
Coal Mac Inc · Over-exertion (Not Elsewhere Classified)

EE WAS USING SLEDGE HAMMER TO KNOCK BOTTOM ROLLERS LOOSE FROM SK40 ROCK DRILL, ROLLER FRAME, HADTO BEND OVER TO HIT EACH SIDE OF ROLLER OFTEN WORKING IN A BENT OVER POSITION FOR SERVERAL MIN UTES HE HAD PAIN IN HIS LOWER BACK