Mining Incidents

Allen Preparation Plant P-3: 386 MSHA citations Coal

Allen, Floyd County, KY  ·  Abandoned
MSHA Mine ID: 1508177

Allen Preparation Plant P-3 has $484K in proposed MSHA penalties and $81K outstanding across 16 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
19
Years on record
1983–2009
Latest incident
Mar 2009
Compliance record
MSHA citations since 2005
386
citations
176
significant & substantial
$484,387
proposed penalties
$231,813
paid to date
48% of proposed penalties paid to date, a $252,574 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
57
inspections on record
2,001
inspection hours
19.3
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.
386 citations across 2,001 inspection hours.
Source: MSHA inspections data, updated weekly.

Allen Preparation Plant P-3 has $484K in proposed MSHA penalties and $81K outstanding across 16 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.
$484K
proposed penalties
$313K
current assessed
$232K
paid to date
$81K
outstanding
374 assessments are final orders; 16 contested dockets.
Of $389K in penalties contested before the Commission, $217K was upheld in final decisions.
As of the most recent assessment on 2016-01-21.
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.
46.9%
significant & substantial
11.5%
high negligence or reckless
46.9%
reasonably likely or greater
29.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.9% low, 82.7% moderate, 11.5% 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.
35 citations taken to the federal commission · 9% of citations on record
  • Settled 35 · 100%
94%
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 32 decided S&S contests · industry: 79%
44%
Penalty reduction in decided contests
$389K proposed, $217K 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 2010-10-19.
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 2009-108 Settlement Feldman 2012 $114K → $53K
KENT 2008-1381 Settlement Feldman 2012 $58K → $23K
KENT 2010-23 Settlement Rae 2011 $52K → $28K
KENT 2008-723 Settlement Feldman 2012 $28K → $21K
KENT 2009-1291 Settlement Rae 2012 $21K → $8K
KENT 2008-415 Settlement Feldman 2012 $18K → $18K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Allen Preparation Plant P-3 shows 99% of 80 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: 2012-06-06, 14 years ago
99%
within 1.5 mg/m3
80
samples
1.52
dust max (mg/m3)
62 samples taken by MSHA inspectors, 18 by the operator.
Most-sampled occupations
  • CLEANING PLANT OPERATOR18
  • ELECTRICIAN11
  • HIGHLIFT OPERATOR/FRONT END LOADER11

Silica (quartz)

Last sampled: 2009-04-15, 17 years ago
1.5
silica avg (%)
3
samples
2.5
silica max (%)
Most-sampled occupations
  • CLEANING PLANT OPERATOR2
  • VACUUM FILTER OPERATOR1

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: 2012-03-27, 14 years ago
11%
over PEL
45
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER7
  • UTILITY MAN7
  • BULLDOZER 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
2012 100% 8
2011 100% 10
2010 100% 8
2009 100% 15
2008 95% 19
2007 100% 16
2006 100% 4
Silica (quartz) by year
Year silica avg (%) samples
2009 2.1 2
2007 0.2 1
Noise by year
Year over PEL samples
2012 0% 4
2011 0% 5
2010 0% 5
2008 15% 13
2007 15% 13
2006 20% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Allen Preparation Plant P-3 recorded 0.00 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Kentucky, coal mining averaged 4.28 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
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 3.56 3.56 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. Adams Construction Corp 1975 to 1979
  2. Triple Elkhorn Mining Company Inc 1979 to 1985
  3. Jaco Mining Company Inc 1985 to 1990
  4. Emmanuel Processing Inc 1990 to 1990
  5. Summit Processing Inc 1990 to 1991
  6. Summit Processing Inc 1991 to 2004
  7. L. King Construction Inc 2004 to 2005
  8. Frasure Creek Mining, LLC. 2005 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2015 0
2014 0
2013 0
2012 6
2011 10
2010 9
2009 24
2008 24
2007 16
2006 6
Source: MSHA quarterly employment and production, updated weekly.

Allen Preparation Plant P-3 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
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 1 0
2014 Q3 0 0 0
2014 Q2 0 1 0
2014 Q1 0 0 0
Show 29 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q4 0 1 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 960 0 0 0.0
2012 Q3 1,698 0 0 0.0
2012 Q2 2,616 1 1 382.3
2012 Q1 3,958 5 1 1263.3
2011 Q4 6,693 0 0 0.0
2011 Q3 6,877 6 2 872.5
2011 Q2 6,702 3 1 447.6
2011 Q1 6,752 13 6 1925.4
2010 Q4 6,465 0 0 0.0
2010 Q3 4,852 5 4 1030.5
2010 Q2 4,356 13 2 2984.4
2010 Q1 8,377 6 2 716.2
2009 Q4 10,266 0 0 0.0
2009 Q3 18,104 0 0 0.0
2009 Q2 10,932 22 7 2012.4
2009 Q1 16,859 4 3 237.3
2008 Q4 14,845 14 4 943.1
2008 Q3 16,624 6 2 360.9
2008 Q2 10,302 14 10 1359.0
2007 Q2 1,224 36 14 29411.8
2007 Q1 14,307 4 2 279.6
2006 Q4 10,776 40 33 3712.0
2006 Q3 7,418 5 3 674.0
2006 Q2 0 2 1
2006 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

19 on file

2009 · 1 incident

March 31, 2009 KY · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Frasure Creek Mining, LLC. · Fall onto or against objects

Pulling roller, tripped, causing him to fall into tailpiece.

2008 · 1 incident

April 1, 2008 KY · Coal mechanic helper SLIP OR FALL OF PERSON
Frasure Creek Mining, LLC. · Fall to the walkway or working surface

The EE stated that he was stepping across a 4" pipe on the floor. He stepped on a mat used for a jog station. The mat had mud on the surface, whick caused the EE's feet to move out from under him, resulting in a fall.

2007 · 4 incidents

July 31, 2007 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Frasure Creek Mining, LLC. · Over-exertion (Not Elsewhere Classified)

EE was carrying a 5 gallon water bottle up the stairs to the control room in the plant. EE stated that he hurt his back.

March 12, 2007 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer ELECTRICAL
Frasure Creek Mining, LLC. · Contact with electrical current

Operating manlift when it came into contact with high voltage electrical wiring.

January 23, 2007 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Frasure Creek Mining, LLC. · Struck by flying object

Working on piping, nearby heater came on & blew debris in eye.

January 16, 2007 KY · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor OTHER
Frasure Creek Mining, LLC. · Struck by flying object

Supervising when a fragment of metal blew into eye (behind safety glasses).

2006 · 8 incidents

January 25, 2006 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Frasure Creek Mining, LLC. · Struck by... (Not Elsewhere Classified)

Using hand grinder, grinding disk cam apart

1991 · 2 incidents

March 30, 1991 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
Summit Processing Inc · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS ATTEMPTING TO UNSTOP CRUSHER WITH STEEL BAR. HE PLUNGED BAR INTO THE COAL THAT WAS STOPPING CRUSHER. THE BAR WENT THRU THE COAL CAUSING HARD TO HIT TOP OF CRUSHER, RESULTING IN SM ASHING TIP OF 3RD FINGER ON LEFT HAND. BAD BRUISED, NOTHING BROKE.

January 23, 1991 KY · Coal electrician, lineman MACHINERY
Summit Processing Inc · Struck against stationary object

EMPLOYEE WAS ATTEMPTING TO START A WATER PUMP WITH A PULL STRING.STRING WAS PULLED AND ENGINE BACKLASH JERKED HAND RESULTING IN BROKEN FINGER ON RIGHT AHND.RING FINGER.

1988 · 2 incidents

April 25, 1988 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Jaco Mining Company Inc · Over-exertion (Not Elsewhere Classified)

AN ALLEGED INJURY OCCURRED WHEN EMPLOYEE WAS TIGHTING THE BRAKE ON A RAILROAD CAR AT A PREP PLANT WHILE TURNING THE BRAKE WHEEL EMPLOYEE ALLEGED THEN HE FELT SOME POP IN HIS RT.WRIST

March 2, 1988 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Jaco Mining Company Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS CLEANING RAIL ROAD CRS PREPARING TO LOAD TRAIN AT PREP PLANT. WHILE CLOSING THE RAIL CAR DOOR HE FELT SOMETHING PULL UNDER LEFT SHOULDER BLADE. ON 2-24-88 HE REPORTED TO DOCTOR'S OFFICE THE EVENING AFTER WORK, DR REPORTED STRAIN MUSCLE. EMPLOYEE CONTINUED FULL TIME WORK THUR 3-2-88 WHEN PAIN GREW MUCH SEVERE EMPLOYEE REPORTED TO DR. AND WAS HOSPITALIZED.

1983 · 1 incident

December 15, 1983 KY · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor OTHER
Triple Elkhorn Mining Company Inc · (Not Elsewhere Classified)

EE SUFFERED AN APPARENT HEART ATTACK