Mining Incidents

#9: 426 MSHA citations Coal

Controlled by Greg Damron
Dana, Floyd County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518881

#9 has $76K in proposed MSHA penalties and $0 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
2010–2013
Latest incident
Aug 2013
Compliance record
MSHA citations since 2005
426
citations
105
significant & substantial
$76,319
proposed penalties
$75,106
paid to date
98% of proposed penalties paid to date, a $1,213 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
92
inspections on record
5,480
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.
426 citations across 5,480 inspection hours.
Source: MSHA inspections data, updated weekly.

#9 has $76K in proposed MSHA penalties and $0 outstanding across 3 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.
$76K
proposed penalties
$75K
current assessed
$75K
paid to date
$0
outstanding
416 assessments are final orders; 3 contested dockets.
Of $5K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2014-06-27.
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.
25.2%
significant & substantial
2.6%
high negligence or reckless
25.2%
reasonably likely or greater
6.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 9.1% low, 88.0% moderate, 2.6% 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.
6 citations taken to the federal commission · 1% of citations on record
  • Settled 5 · 83%
  • Stood as issued 1 · 17%
80%
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 5 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$5K 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 2013-11-12.
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 2012-101 Default Lesnick 2012 $2K → $2K
KENT 2012-1434 Settlement Simonton 2013 $1K → $611
KENT 2014-51 Settlement Miller 2014 $1K → $819
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at #9 shows 86% of 574 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: 2014-03-10, 12 years ago
86%
within 1.5 mg/m3
574
samples
9.89
dust max (mg/m3)
295 samples taken by MSHA inspectors, 279 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR306
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)91
  • SCOOP CAR OPERATOR49

Silica (quartz)

Last sampled: 2014-03-18, 12 years ago
5.4
silica avg (%)
42
samples
27.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR35

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: 2013-12-11, 12 years ago
2%
over PEL
56
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)18
  • CONTINUOUS MINER OPERATOR10
  • SCOOP CAR OPERATOR10
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
2014 83% 18
2013 95% 84
2012 94% 64
2011 88% 66
2010 92% 62
2009 94% 54
2008 89% 54
2007 74% 76
2006 70% 63
2005 82% 33
Silica (quartz) by year
Year silica avg (%) samples
2014 3.3 2
2013 10.7 8
2012 6.8 4
2011 4.5 8
2010 4.5 2
2009 4.0 1
2008 4.5 4
2007 3.0 8
2006 2.9 3
2005 3.1 2
Noise by year
Year over PEL samples
2013 0% 15
2012 0% 5
2010 0% 5
2009 0% 11
2007 10% 10
2005 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

#9 recorded 3.70 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
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.
3.70
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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
2013 * 3.70 0.00 0.000
2012 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 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. Cheyenne Enterprises Inc 2005 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 17 21,466
2013 20 96,857
2012 20 112,904
2011 21 122,079
2010 20 121,068
2009 18 121,957
2008 16 125,451
2007 18 127,489
2006 17 138,949
2005 19 51,699
Source: MSHA quarterly employment and production, updated weekly.

#9 sits in Floyd County, Kentucky, where the Census mining category is 4.4% 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.
Floyd County, Kentucky · Population 35,342
4.4%
Mining share of county employment
$41,582
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 Q2 2,823 1 0 354.2
2014 Q1 10,983 18 4 1638.9
2013 Q4 13,408 18 2 1342.5
2013 Q3 13,812 28 5 2027.2
2013 Q2 13,579 19 6 1399.2
2013 Q1 13,189 23 6 1743.9
2012 Q4 11,701 13 3 1111.0
2012 Q3 10,622 17 2 1600.5
Show 28 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q2 12,410 24 5 1933.9
2012 Q1 11,335 13 6 1146.9
2011 Q4 11,577 11 3 950.2
2011 Q3 11,639 8 5 687.3
2011 Q2 12,294 15 3 1220.1
2011 Q1 11,491 16 4 1392.4
2010 Q4 12,165 13 4 1068.6
2010 Q3 12,376 10 3 808.0
2010 Q2 11,540 10 2 866.6
2010 Q1 11,691 15 4 1283.0
2009 Q4 13,620 19 3 1395.0
2009 Q3 10,892 12 3 1101.7
2009 Q2 9,982 15 4 1502.7
2009 Q1 11,122 4 1 359.6
2008 Q4 10,819 4 0 369.7
2008 Q3 9,847 25 8 2538.8
2008 Q2 10,582 7 3 661.5
2008 Q1 9,613 9 2 936.2
2007 Q4 10,896 3 1 275.3
2007 Q3 10,690 15 4 1403.2
2007 Q2 11,699 4 0 341.9
2007 Q1 11,541 4 1 346.6
2006 Q4 12,268 4 0 326.1
2006 Q3 10,432 2 0 191.7
2006 Q2 8,310 8 2 962.7
2006 Q1 9,074 4 0 440.8
2005 Q4 9,820 5 2 509.2
2005 Q3 6,924 3 1 433.3
No fatalities recorded at this mine.

Reportable incidents

2 on file

2013 · 1 incident

August 15, 2013 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Cheyenne Enterprises Inc · Struck by... (Not Elsewhere Classified)

Roof bolting and piece of drill steel struck above eye.

2010 · 1 incident

June 28, 2010 KY · Coal FALL OF ROOF OR BACK
Cheyenne Enterprises Inc · Accident type, without injuries

5 breaks inby portal. Roof fall 3'5" h x 8' w x 40" l. Fell between bolts in an area of a hillseam. Roof is solid sandstone and this was a hillseam.