Mining Incidents

ADDCAR #1: 52 MSHA citations Coal

Controlled by James C Justice III
Phelps, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1202356

ADDCAR #1 has $8K in proposed MSHA penalties and $1K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2005–2008
Latest incident
May 2008
Compliance record
MSHA citations since 2004
52
citations
21
significant & substantial
$8,065
proposed penalties
$6,418
paid to date
80% of proposed penalties paid to date, a $1,647 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
23
inspections on record
637
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: 637 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

ADDCAR #1 has $8K in proposed MSHA penalties and $1K 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.
$8K
proposed penalties
$7K
current assessed
$6K
paid to date
$1K
outstanding
50 assessments are final orders; 3 contested dockets.
Of $2K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2010-01-13.
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.
42.0%
significant & substantial
0.0%
high negligence or reckless
42.0%
reasonably likely or greater
8.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.0% low, 98.0% 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.
10 citations taken to the federal commission · 19% of citations on record
  • Settled 2 · 20%
  • Stood as issued 8 · 80%
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%
31%
Penalty reduction in decided contests
$2K proposed, $1K 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 2010-03-16.
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
LAKE 2010-529 Dismissal Manning 2012 $787 → $400
LAKE 2010-398 Dismissal Gill 2012 $634 → $400
LAKE 2007-15 Default Lesnick 2007 $586 → $586
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at ADDCAR #1 shows 98% of 50 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: 2010-01-28, 16 years ago
98%
within 1.5 mg/m3
50
samples
3.04
dust max (mg/m3)
38 samples taken by MSHA inspectors, 12 by the operator.
Most-sampled occupations
  • AUGER HELPER24
  • HIGHLIFT OPERATOR/FRONT END LOADER10
  • AUGER OPERATOR9

Silica (quartz)

Last sampled: 2009-12-08, 16 years ago
7.2
silica avg (%)
2
samples
7.5
silica max (%)
Most-sampled occupations
  • AUGER HELPER2

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: 2010-01-12, 16 years ago
12%
over PEL
34
samples
Most-sampled occupations
  • AUGER HELPER16
  • AUGER OPERATOR7
  • HIGHLIFT OPERATOR/FRONT END LOADER7
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
2010 100% 1
2009 95% 20
2008 100% 15
2007 100% 6
2006 100% 5
2005 100% 3
Noise by year
Year over PEL samples
2010 0% 5
2009 0% 5
2008 31% 13
2007 0% 3
2006 0% 5
2005 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

ADDCAR #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Kentucky, coal mining averaged 5.04 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
2009 * 0.00 0.00 0.000
2008 * 7.88 7.88 0.000
2007 * 0.00 0.00 0.000
2006 * 5.64 2.82 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. Mining Technologies Inc. 2004 to 2004
  2. B B Mining Inc 2004 to 2005
  3. ICG ADDCAR Systems LLC 2005 to 2014
  4. KENTUCKY FUEL CORPORATION 2014 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)
2010 7 15,342
2009 14 400,819
2008 13 265,963
2007 15 349,998
2006 25 622,160
2005 21 208,477
2004 2
Source: MSHA quarterly employment and production, updated weekly.

ADDCAR #1 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
2010 Q2 144 0 0 0.0
2010 Q1 5,168 2 0 387.0
2009 Q4 10,052 4 0 397.9
2009 Q3 0 0 0
2009 Q2 12,432 2 1 160.9
2009 Q1 13,008 0 0 0.0
2008 Q4 8,907 5 1 561.4
2008 Q3 5,218 0 0 0.0
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q2 4,727 3 0 634.7
2008 Q1 6,535 1 0 153.0
2007 Q4 6,201 0 0 0.0
2007 Q3 8,293 4 2 482.3
2007 Q2 4,642 0 0 0.0
2007 Q1 15,073 0 0 0.0
2006 Q4 15,870 0 0 0.0
2006 Q3 16,191 4 1 247.1
2006 Q2 18,940 0 0 0.0
2006 Q1 19,916 0 0 0.0
2005 Q4 14,612 1 1 68.4
2005 Q3 6,021 2 1 332.2
2004 Q1 340 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2008 · 1 incident

May 6, 2008 KY · Coal outside foreman, leadman SLIP OR FALL OF PERSON
ICG ADDCAR Systems LLC · Fall to lower level, (Not Elsewhere Classified)

EE was walking behind the Launch Vehicle and around the stacker belt. When he stepped up onto the berm, to get around the stacker, he lost his footing. This resulted in him falling down the spoil slope and tumbling approximately 40 feet until he came to a stop on a stump and some logs at the bottom. EE received abrasions and contusions on his upper torso.

2006 · 2 incidents

December 28, 2006 KY · Coal auger helper HANDLING OF MATERIALS
ICG ADDCAR Systems LLC · Over-exertion (Not Elsewhere Classified)

EE was holding up the stacker cable to allow the loader to clean underneath. When the loader backed out, the material caught the cable and gave him a quick jerk. He did not leave work or seek medical attention. He worked until 12:00 pm on 1-3-07 and at that time, requested medical attention. He returned to work the next day 1-4-07 on restricted duty.

June 20, 2006 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
ICG ADDCAR Systems LLC · Caught in, under or between (Not Elsewhere Classified)

Injured employee was reaching down to pull up the car pin, when the loader pushed the car and smashed the tip of his right thumb between the pin handle and the inby car. He was transported to the Hospital, where they cleaned and stitched the open wound.

2005 · 1 incident

October 19, 2005 KY · Coal welder (shop) MACHINERY
ICG ADDCAR Systems LLC · Contact with hot objects or substances

Employee was welding on the track loader bucket when a spark from welding came in behind his welding shield and glasses, striking him in the left eye. The metal was removed from employees' eye at the hospital with a magnet and he returned to work. He was given prescription antibiotic eye drops.