Mining Incidents

#8 Wallins Creek Strip: 83 MSHA citations Coal

Controlled by U S Coal Corporation
Wallins, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1518893

#8 Wallins Creek Strip has $12K in proposed MSHA penalties and $100 outstanding across 10 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at #8 Wallins Creek Strip.

Fatalities
0
Total incidents
9
Years on record
2006–2011
Latest incident
May 2011
Compliance record
MSHA citations since 2005
83
citations
7
significant & substantial
$11,679
proposed penalties
$10,924
paid to date
94% of proposed penalties paid to date, a $755 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
26
inspections on record
759
inspection hours
n/a
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.
Rate withheld: 759 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

#8 Wallins Creek Strip has $12K in proposed MSHA penalties and $100 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.
$12K
proposed penalties
$11K
current assessed
$11K
paid to date
$100
outstanding
83 assessments are final orders; 10 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2012-10-09.
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.
8.4%
significant & substantial
0.0%
high negligence or reckless
8.4%
reasonably likely or greater
1.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.7% low, 84.3% moderate, 0.0% 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.
28 citations taken to the federal commission · 34% of citations on record
  • Settled 24 · 86%
  • Stood as issued 1 · 4%
  • Vacated or withdrawn 3 · 11%
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 2 decided S&S contests · industry: 79%
27%
Penalty reduction in decided contests
$4K proposed, $3K 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 2011-08-30.
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 2011-1479 Settlement Harner 2012 $842 → $742
KENT 2009-776 Settlement Feldman 2010 $790 → $546
KENT 2009-1551 Settlement 2010 $662 → $600
KENT 2009-787 Settlement Feldman 2010 $634 → $285
KENT 2010-1328 Settlement Melick 2011 $300 → $300
KENT 2010-719 Settlement McCarthy 2011 $200 → $200
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #8 Wallins Creek Strip shows 99% of 119 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: 2012-11-14, 13 years ago
99%
within 1.5 mg/m3
119
samples
1.92
dust max (mg/m3)
74 samples taken by MSHA inspectors, 45 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR37
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE24
  • HIGHWALL DRILL OPERATOR23

Silica (quartz)

Last sampled: 2010-11-30, 15 years ago
8.8
silica avg (%)
7
samples
13.4
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR3
  • BULLDOZER OPERATOR2
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE1

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: 2012-11-14, 13 years ago
2%
over PEL
56
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE15
  • BULLDOZER OPERATOR12
  • ROTARY BUCKET EXCAVATOR OPERATOR11
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
2012 100% 10
2011 100% 8
2010 100% 15
2009 100% 23
2008 95% 20
2007 100% 27
2006 100% 12
2005 100% 4
Silica (quartz) by year
Year silica avg (%) samples
2010 9.2 1
2008 12.1 2
2007 7.0 2
2006 7.2 2
Noise by year
Year over PEL samples
2012 0% 10
2011 0% 5
2010 0% 9
2009 10% 10
2008 0% 4
2007 0% 9
2006 0% 5
2005 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#8 Wallins Creek Strip 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 * 3.89 3.89 0.000
2010 * 4.06 4.06 0.000
2009 * 5.33 5.33 0.000
2008 * 0.00 0.00 0.000
2007 * 3.41 0.00 0.000
2006 * 11.82 7.88 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. Fox Knob Coal Co, Inc. 2005 to 2011
  2. Twin Star Coal Company, Inc. 2011 to 2013
  3. Fox Knob Coal Company, 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)
2014 0
2013 1 1,195
2012 10 40,417
2011 18 44,837
2010 33 170,403
2009 27 157,216
2008 21 142,147
2007 20 160,000
2006 19 120,945
2005 12 31,489
Source: MSHA quarterly employment and production, updated weekly.

#8 Wallins Creek Strip sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 1,052 0 0 0.0
2012 Q4 6,345 4 0 630.4
2012 Q3 6,495 0 0 0.0
2012 Q2 5,883 7 0 1189.9
Show 27 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q1 4,293 0 0 0.0
2011 Q4 3,817 0 0 0.0
2011 Q3 7,310 0 0 0.0
2011 Q2 21,511 6 0 278.9
2011 Q1 18,733 0 0 0.0
2010 Q4 26,966 5 1 185.4
2010 Q3 26,038 0 0 0.0
2010 Q2 24,855 3 0 120.7
2010 Q1 20,764 0 0 0.0
2009 Q4 20,683 4 0 193.4
2009 Q3 18,756 1 1 53.3
2009 Q2 17,698 4 0 226.0
2009 Q1 17,973 5 1 278.2
2008 Q4 16,186 0 0 0.0
2008 Q3 15,824 9 1 568.8
2008 Q2 14,895 0 0 0.0
2008 Q1 14,321 0 0 0.0
2007 Q4 14,653 3 0 204.7
2007 Q3 14,861 7 0 471.0
2007 Q2 15,772 0 0 0.0
2007 Q1 13,428 6 2 446.8
2006 Q4 13,060 0 0 0.0
2006 Q3 12,896 5 0 387.7
2006 Q2 13,781 0 0 0.0
2006 Q1 11,003 4 0 363.5
2005 Q4 9,415 0 0 0.0
2005 Q3 6,768 3 0 443.3
No fatalities recorded at this mine.

Reportable incidents

9 on file

2011 · 1 incident

May 23, 2011 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
Fox Knob Coal Co, Inc. · Struck by falling object

The employee was putting a primer box up in the top of a magazine and the box fell down. He tried to catch the box and felt something pull in his shoulder. The doctor put him on light duty at that time. He continued to have pain and the doctor put him off of work until he could see a neurosurgeon. Date 07/26/2011. The employee was on light duty from 05/23/2011 to 07/26/2011.

2010 · 2 incidents

November 19, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Fox Knob Coal Co, Inc. · Struck against a moving object

The employee moved a rock truck and the bed free fell there fore shaking the employee. His back & neck was bothering him. He said he didn't need to go to a doctor. Went to doctor at later date. WE WAS NOTIFIED 03/14/2011 OF HIS PROBLEM AND ABOUT THE DOCTOR WANTING HIM TO BE OFF WORK FOR THERAPY. accident date 11/19/2010 - off work date 03/14/2011

November 3, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Fox Knob Coal Co, Inc. · Struck against stationary object

climbing up on excavator, foot slipped, hit his knee, torn ACL. Doctor put him off of work 12/08/2010. He had not missed any work till 12/08/2010. Accident date 11/03/2010

2009 · 2 incidents

August 19, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Fox Knob Coal Co, Inc. · Absorption of radiations, caustics, toxic and noxious substances

Service man was taking a cap off to put a hose on a tank and there was some pressure behind it. The oil sprayed in his face and eyes.

May 4, 2009 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
Fox Knob Coal Co, Inc. · Over-exertion in lifting objects

Injury said to foreman that his back was hurting before the shift started. he started to do invetory that morning and picked up a box out of the magazine and went to the ground. he said he was hurting in his right hip and back and leg.

2007 · 1 incident

September 6, 2007 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Fox Knob Coal Co, Inc. · Absorption of radiations, caustics, toxic and noxious substances

Employee was servicing equipment when grease gun splattered grease into employee's eye.

2006 · 3 incidents

December 26, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Fox Knob Coal Co, Inc. · Fall onto or against objects

Employee tripped and fell on deck of R-65 while hooking up jumper cables. Hurt his back.

August 10, 2006 KY · Coal coal/ore shovel operator, shoveler, power shoveler MACHINERY
Fox Knob Coal Co, Inc. · Struck by rolling or sliding object

EE was working an old slide in Hollow when the dirt above slid down on excavator- EE is okay

June 30, 2006 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Fox Knob Coal Co, Inc. · Struck against a moving object

Employee was traveling access road to get to the drill when the road broke off and turned over the truck he was traveling in.