Mining Incidents

7-E: 445 MSHA citations Coal

Controlled by James L Griffith
Phelps, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1519541

7-E has $162K in proposed MSHA penalties and $57K outstanding across 10 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
10
Years on record
2011–2015
Latest incident
Jan 2015
Compliance record
MSHA citations since 2011
445
citations
140
significant & substantial
$162,154
proposed penalties
$89,744
paid to date
55% of proposed penalties paid to date, a $72,410 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
77
inspections on record
3,604
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.
445 citations across 3,604 inspection hours.
Source: MSHA inspections data, updated weekly.

7-E has $162K in proposed MSHA penalties and $57K outstanding across 10 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.
$162K
proposed penalties
$147K
current assessed
$90K
paid to date
$57K
outstanding
440 assessments are final orders; 10 contested dockets.
Of $63K in penalties contested before the Commission, $48K was upheld in final decisions.
As of the most recent assessment on 2015-10-22.
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.
31.8%
significant & substantial
7.5%
high negligence or reckless
31.8%
reasonably likely or greater
16.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.1% low, 86.4% moderate, 7.5% 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.
37 citations taken to the federal commission · 8% of citations on record
  • Settled 37 · 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 33 decided S&S contests · industry: 79%
24%
Penalty reduction in decided contests
$63K proposed, $48K 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 2015-02-09.
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
KENT 2015-0303 Settlement Steele 2016 $15K → $9K
KENT 2013-533 Settlement Lewis 2015 $14K → $12K
KENT 2013-67 Settlement Lewis 2013 $13K → $11K
KENT 2012-1212 Settlement Gill 2012 $7K → $6K
KENT 2012-1541 Settlement Lewis 2013 $5K → $4K
KENT 2012-912 Settlement Lesnick 2013 $4K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at 7-E shows 92% of 312 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: 2015-10-21, 10 years ago
92%
within 1.5 mg/m3
312
samples
5.49
dust max (mg/m3)
1
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.
137 samples taken by MSHA inspectors, 175 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR167
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)37
  • SCOOP CAR OPERATOR20

Silica (quartz)

Last sampled: 2015-10-14, 10 years ago
4.7
silica avg (%)
16
samples
7.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR14

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: 2015-10-14, 10 years ago
0%
over PEL
42
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)11
  • CONTINUOUS MINER OPERATOR6
  • SCOOP CAR OPERATOR6
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 95% 58
2014 95% 56
2013 83% 69
2012 95% 65
2011 95% 64
Silica (quartz) by year
Year silica avg (%) samples
2015 4.5 4
2014 4.5 3
2013 5.0 4
2012 4.7 4
2011 4.7 1
Noise by year
Year over PEL samples
2015 0% 7
2014 0% 8
2013 0% 7
2012 0% 8
2011 0% 12
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

7-E recorded 9.06 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.
9.06
total case rate
9.06
days-away rate
0.000
fatality rate
Above 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 * 9.06 9.06 0.000
2014 * 20.33 13.55 0.000
2013 * 17.88 17.88 0.000
2012 * 8.82 4.41 0.000
2011 * 3.82 3.82 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. Apex Energy, Inc. 2010 to 2010
  2. Dags Branch Coal Co, Inc. 2010 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 13 31,070
2014 14 42,087
2013 15 50,108
2012 20 84,255
2011 23 100,317
2010 0
Source: MSHA quarterly employment and production, updated weekly.

7-E 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 2,032 4 1 1968.5
2015 Q3 6,477 12 4 1852.7
2015 Q2 7,260 7 2 964.2
2015 Q1 6,304 15 3 2379.4
2014 Q4 7,619 45 9 5906.3
2014 Q3 8,414 26 7 3090.1
2014 Q2 6,754 10 4 1480.6
2014 Q1 6,728 15 2 2229.5
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q4 8,101 33 8 4073.6
2013 Q3 8,120 9 8 1108.4
2013 Q2 9,588 25 6 2607.4
2013 Q1 7,755 9 6 1160.5
2012 Q4 9,731 17 7 1747.0
2012 Q3 8,850 35 15 3954.8
2012 Q2 10,286 58 14 5638.7
2012 Q1 16,499 36 11 2182.0
2011 Q4 16,861 16 7 948.9
2011 Q3 13,771 30 5 2178.5
2011 Q2 13,670 23 12 1682.5
2011 Q1 8,052 9 1 1117.7
2010 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

10 on file

2015 · 1 incident

January 22, 2015 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Dags Branch Coal Co, Inc. · Struck by falling object

EE and another ee were changing a wheel unit on 21SC shuttle car - while they were taking out the last bolts - wheel unit fell from blocking-catching ee tight finger.

2014 · 3 incidents

May 28, 2014 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Dags Branch Coal Co, Inc. · Over-exertion (Not Elsewhere Classified)

Employee and two co-workers were changing a 220V Surface Pond Pump when he slipped and twisted back.

April 28, 2014 KY · Coal superintendent SLIP OR FALL OF PERSON
Dags Branch Coal Co, Inc. · Fall from machine

After loading a coal truck I brought the end loader over by the shop and started to exit the machine. I got my feet tangled up and fell from top step to the ground.

February 6, 2014 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Dags Branch Coal Co, Inc. · Caught in, under or between a moving and a stationary object

Subject was attempting to crush a piece of rock that was lodged in the Belt Feeder. He said, he was busting the rock with a sledge hammer and he went to move it with his left hand, the rock broke crushing his left hand.

2013 · 3 incidents

December 3, 2013 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Dags Branch Coal Co, Inc. · Over-exertion in lifting objects

EE was positioning a gear for the continuous miner ripper when he felt a sharp pain in his lower back area and a burning sensation in his left leg.

September 10, 2013 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Dags Branch Coal Co, Inc. · Over-exertion (Not Elsewhere Classified)

EE had loaded a coal truck when he went to exit the end loader he lost his footage ended up swinging on hand rail - hitting his back & head on side of end loader.

February 12, 2013 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Dags Branch Coal Co, Inc. · Struck by... (Not Elsewhere Classified)

Crew were setting timbers one guy threw a timber to be set and hit EE's right hand.

2012 · 2 incidents

September 24, 2012 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Dags Branch Coal Co, Inc. · Over-exertion (Not Elsewhere Classified)

EE roof bolter operator had started to bolt in the #6 entry when he attempted to bend G bolt he hurt the lower part of his back.

February 29, 2012 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Dags Branch Coal Co, Inc. · Struck by falling object

Employee was bolting a corner when a piece of draw rock fell and hit him on the left hand.

2011 · 1 incident

February 17, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Dags Branch Coal Co, Inc. · Caught in, under or between a moving and a stationary object

EE was attempting to move rock out of the feeder when the rock fell over & caught his thumb between the rock & metal.