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.
428 citations across 2,544 inspection hours.
Source: MSHA inspections data, updated weekly.
B & D #3 has $74K in proposed MSHA penalties and $42K 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.
$74K
proposed penalties
$72K
current assessed
$30K
paid to date
$42K
outstanding
413 assessments are final orders; 3 contested dockets.
Of $7K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2005-05-13.
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.
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.
15citations taken to the federal commission · 4% of citations on record
Settled
14 · 93%
Stood as issued
1 · 7%
75%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 8 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$7K proposed, $6K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2006-02-13.
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.
MSHA sampling at B & D #3 shows 87% of 410 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: 2005-05-18, 21 years ago
87%
within 1.5 mg/m3
410
samples
5.08
dust max (mg/m3)
229 samples taken by MSHA inspectors, 181 by the operator.
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.
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.
B & D #3 recorded 13.36 reportable injury cases per 100 full-time workers in 2004.
Injury rate, 2004
ⓘ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.
13.36
total case rate
12.33
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 5.57 and the all-US-mining average was 4.33 cases per 100 workers.
In Kentucky, coal mining averaged 5.89 cases per 100 workers that year.
Year
total case rate
days-away
fatal
2004
13.36
12.33
0.000
2003
15.56
13.48
0.000
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.
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)
2005
37
86,281
2004
70
361,049
2003
77
388,015
2002
18
18,772
Source: MSHA quarterly employment and production, updated weekly.
B & D #3 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
2005 Q3
0
0
0
2005 Q2
24,538
35
14
1426.4
2005 Q1
37,427
37
17
988.6
2004 Q4
37,986
38
14
1000.4
2004 Q3
49,045
37
13
754.4
2004 Q2
52,477
24
9
457.3
2004 Q1
55,088
49
22
889.5
2003 Q4
58,126
61
37
1049.4
Show 4 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2003 Q3
52,529
52
31
989.9
2003 Q2
58,181
46
27
790.6
2003 Q1
23,980
17
11
708.9
2002 Q1
5,587
0
0
0.0
No fatalities recorded at this mine.
Reportable incidents
46 on file
2005 · 3 incidents
May 13, 2005KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techPOWERED HAULAGE
MECHANIC WAS ATTEMPTING TO ADJUST THE BRAKES ON THE MACK COAL TRUCK WHEN HE ASKED THE DRIVER TO START IT. THE TRUCK MOVED FORWARD WHEN STARTED INJURING THE MECHANIC. HE WAS TAKEN TO THE HOSPITAL AND IS DOING WELL.
May 2, 2005KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
Employee was roof-bolting when a piece of draw rock fell from the roof and slid down his back. He refused medical treatment and missed work the next two days. He returned on 5/5/05.
April 28, 2005KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)HANDLING OF MATERIALS
Employee was bending a roof bolt as he was roof-bolting and pulled a muscle in his right shoulder. He consulted a doctor where he was diagnosed with a pulled muscle. He was off work on the 29th & 30th and returned 5/2/05.
2004 · 18 incidents
November 8, 2004KY · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerHANDLING OF MATERIALS
EMPLOYEE STATED HE WAS ATTEMPTING TO HANG CABLE WHEN HE LIFTED THE CABLE HE FELT PAIN IN HIS LOWER BACK. EE CONTINUED TO WORK THE REST OF THE SHIFT & RETURNED TO WORK ON 11/9/04, HOWEVER HIS BACK BEGAN TO BOTHER HIM MORE SO HE LEFT WORK @ 8:30PM & CONSULTED A DR. ON 11/10/04 WHERE IT WAS DETERMINED HE HAD A MUSCLE STRAIN.
October 25, 2004KY · Coalutility man, errand boy, service truck operatorPOWERED HAULAGE
B & D Mining L.L.C. · Caught in, under or between a moving and a stationary object
EMPLOYEE STATED HE WAS STANDING BESIDE SCOOP AT THE BATTERY END WHEN THE BUCKET OF THE SCOOP WAS PUSHED DOWN AGAINST THE MINE FLOOR. THE BATTERY END ALSO WENT DOWN MASHING HIS BIG TOE BETWEEN THE BATTERY END OF THE SCOOP AND THE MINE FLOOR.
A ROCK FALL WAS DISCOVERED IN RETURN OF 002 SECTION. THE FALL WAS 30' LONG X 20' WIDE X 10' HIGH. THE SECTION HAS BEEN CLOSED WITH NO FURTHER PRODUCTION OR WORK IN THE AFFECTED AREA.
A ROCK FALL WAS DISCOVERED DURING THE PRESHIFT EXAMINATION OF THE #3 BELT LINE. THE ROCK FALL IS APPROXIMATELY 160' LONG X 20' WIDE X 10' HIGH. THE AREA WAS DANGERED OFF AND CRIBBED OFF. THIS SECTION OF THE MINE HAS BEEN CLOSED WITH NO FURTHER PRODUCTION OR WORK IN THE AFFECTED AREA.
August 30, 2004KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
EMPLOYEE WAS ROOF BOLTING WHEN A PIECE OF ROCK FELL & STRUCK HIM ON THE RT. KNEE. EE WAS TRANSPORTED TO THE HOSPITAL WHERE IT WAS DETERMINED THAT HIS LEG WAS BROKEN BELOW THE KNEE.
August 30, 2004KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
EMPLOYEE WAS ROOF BOLTING WHEN THE CONNECTOR BETWEEN 2 PIECES OF DRILL STEEL BROKE & THE DRILL STEEL STRUCK HIM IN THE JAW. EE REFUSED TO BE TREATED AT THE TIME OF THE ACCIDENT. EE WENT TO THE E.R LATER THAT NIGHT AND WAS TREATED FOR A BROKEN JAW.
August 30, 2004KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
EMPLOYEE STATED THAT A PIECE OF DRAW ROCK BETWEEN THE RIB BOLT AND RIB FELL AND STRUCK HIM ON THE RIGHT LEG. HE WAS X-RAYED AND IT WAS DETERMINED THAT HE HAD SUFFERED A BROKEN KNEE CAP.
June 3, 2004KY · Coalbeltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor riderHANDTOOLS (NONPOWERED)
EE stated aligming the #4 belt when he struck his left wrist/hand on a piece of structure he was aligming. he consulter adv. it was determined there were no fractures to the hand/wrist.
June 1, 2004KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)POWERED HAULAGE
EE STATED THAT HE WAS TRAVELING OUT OF THE MINE WHEN HE STRUCK HIS BACK ON A CROSS OVER. HE CONTINUED TO THE SURFACE AND CONSULTED DR THE NEXT DAY. HE WAS XRAYED AND TREATED FOR A BRUISED BACK.
May 25, 2004KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
EE WAS ROOF BOLTING WHEN A PIECE OF ROCK ROLLED ONTO HIS FOOT. EE CONTINUED TO WORK UNTIL 6-1-04 AND WENT TO THE DR. AND IS BEING TREATED FOR A BRUISED LEFT FOOT.
A ROOF FALL WAS DISCOVERED IN THE BELT ENTRY FOR 001. THE FALL IS 2 CROSSCUTS INBY SPAD 39. THE FALL IS APPROXIMATELY 18' WIDE X 70' LONG X 10' HIGH. THE AREA IS TO BE CLEANED UP AND RESUPPORTED WITH CRIBS, CROSSCOLLERS AND ROOF BOLTS AS CLEANUP IS ADVANCED.
March 1, 2004KY · Coalbeltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor riderPOWERED HAULAGE
EE WAS RIDING THE RAIL RUNNER WHEN HE RAISED UP AND STRUCK HIS HEAD AND SHOULDERS ON A CROSS COLLAR. HE WAS TRANSPORTED TO THE HOSPITAL WHERE HE WAS EXAMINED AND X-RAYED. THE RESULTS WERE NEGATIVE AND HE WAS RELEASED AND TREATED FOR MUSCLE SPASM.
February 23, 2004KY · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerMACHINERY
EE STATED THAT HE WAS INSTALLING ROOF BOLTS WHEN A PIECE OF ROCK FELL FROM THE ROOF AND STRUCK HIM ON THE RIGHT ARM AND RIGHT FOOT. HE WAS TRANSPORTED TO THE EMERGENCY ROOM WHERE HE WAS XRAYED AND EXAMINED BY THE DOCTOR. THE RESULTS WERE NEGATIVE WITH NO BROKEN BONES ONLY BRUISED.
February 11, 2004KY · Coalbeltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor riderHANDLING OF MATERIALS
ROOF FALL WAS DISCOVERED IN THE #4 ENTRY 1 X-CUT OUTBY THE OVERCAST FROM 001. THE FALL WAS ~20' WIDE X 40' LONG X 12' HIGH. AREA WAS DANGERED & CRIBBED OFF.
ROOF FALL WAS DISCOVERED AT BREAK 33 IN #2 ENTRY MEASURING ABOUT 20' WIDE X 30' LONG X 7' HIGH. THE FALL DIDN'T AFFECT VENTILATION, EMPLOYEES OREQUIPMENT. AREA DANGERED & TIMBERED OFF.
2003 · 25 incidents
December 9, 2003KY · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scaler
A ROOF FALL WAS DISCOVERED APX 13 CROSSCUTS INBY THE #3 HEAD DRIVE IN THE #1 ENTRY OF THE RETURN. THE FALL WAS APX 18'WIDE X 50'LONG X 60"HIGH. THE FALL WAS CLEANED UP AND RESUPPORTED WITH ROO F BOLTS AND CRIBS.
A ROOF FALL WAS DISCOVERED ON THE TRACK IN #4 ENTRY. IT DID NOT AFFECT VENTILATION, PERSONS NOR EQUIPMENT. IT WAS APPROX. 20' WIDE X 20' LONG X 6' HIGH. AREA WILL BE CLEANED UP & RESUPPORTED.
A ROOF FALL WAS DISCOVERED AT BREAK 28 IN THE 5 ENTRY. THE ROOF FALL WAS APPROX. 5'THICK X40' LONG X 18 FEET WIDE. THE AREA WAS CRIBBED AND DANGERED OFF.
EMPLOYEE STATED THAT HE WAS WALKING IN 3 RIGHT TO #4 WHEN HE STEPPED IN A HOLE IN THE BOTTOM AND NEARLY FELL. HE CONTINUED TO WORK THE REST OF HIS SHIFT AND WENT TO THE DOCTOR THE NEXT DAY.
A ROOF FALL WAS DISCOVERED IN THE #4 ENTRY AT BREAK 42. THE FALL WAS APPROX. 20'LONG X20'WIDEX 5'THICK. THE AREA WAS DANGERED OFF CLEANED UP AND RESUPPORTED. NO PERSONS, VENTILATION NOR EQUIPMENT WERE AFFECTED.
August 29, 2003KY · Coalbull gang foreman, labor foreman, leadman, section foreman, shift boss
EMPLOYEE HAD STEPPED FROM THE CONTROL LEVERS OF THE ROOF BOLTING MACHINE TO THE SIDE MIDWAY OF BOLTER WHEN A RIB ROLL OCCURRED STRIKING EE IN THE HEAD BACK AND LEGS. EE WAS TRANSPORTED TO THE HOSPITAL.
EE WAS RIDING THE RAILRUNNER WHEN A PIECE OF DRAW ROCK FELL AND STRUCK HIM IN THE RIGHT UPPER LIP. HE RECEIVED TREATMENT ATT HE HOSPITAL AND MISSED ONE DAY.
A ROOF FALL WAS DISCOVERED IN THE #4 ENTRY. THE FALL WAS ONE X-CUT OUTBY SPAD 245. THE FALL IS APPROXIMATELY 70' LONG X 20' WIDE X 3' HIGH. THE AREA HAD BEEN SUPPORTED WITH 5' ROOF BOLTS AND S OME WERE SHEARED OFF IN THIS AREA. THE AREA WAS CRIBBED OFF, DANGERED OFF AND THE SECTION WAS MOVED.
A ROCK FALL WAS DISCOVERED IN THE #5 ENTRY. THE FALL WAS LOCATED 1 CROSS CUT INBY SPAD 245. THE FALL IS APPROXIMATELY 15' WIDE X 50' LONG X 5' HIGH. THE AREA WAS DANGERED OFF AND CRIBBED. SINC E THE ROOF FALL WAS DISCOVERED THE SECTION HAS BEEN MOVED TO ANOTHER AREA.
May 9, 2003KY · Coalcontinuous miner operator, coal mole operator
EE STATED HE WAS ATTEMPTING TO TIGHTEN A BELT SCRAPER WHEN THE BAR HE WAS USING SLIPPED AND STRUCK HIS RIGHT WRIST. HE WAS TREATED AND XRAYED AT HARLAN HOSPITAL FOR A FRACTURED WRIST.
May 1, 2003KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)
EMPLOYEE STATED HE WAS HELPING MOVE RAIL THAT WAS TO BE TRANSPORTED BY THE RAIL RUNNER ON THE FLAT CAR WHEN A RAIL FELL STRIKING MIDDLE FINGER OF LEFT HAND CAUSING A FRACTURE AND REQUIRED 10 S TITCHES.
A ROOF FALL WAS DISCOVERED APPROX. 24 BREAKS FROM THE SURFACE ON THE RETURN OF 002 SECTION. THE FALL IS APPROX. 25'LONG X 18'WIDE X 5'HIGH. THE FALL WILL NOT BE CLEANED UP & HAS BEEN DANGERED & CRIBBED OFF.
A ROOF FALL WAS DISCOVERED DURING THE EXAMINATION OF THE RETURN AIR COURSE. THE FALL IS LOCATED IN THE #2 ENTRY FROM BREAK 10-12. THE FALL IS APPROX. 5'HIGH X 18'WIDE X 140'LONG. THE FALL WILL NOT BE CLEANED UP AND WILL BE DANGERED OFF.
March 18, 2003KY · Coallaborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scalerHANDLING OF MATERIALS
WHILE PULLING MINER CABLE, EMPLOYEE FELT A SHARP PAIN IN HIS RIGHT LOWER ABDOMEN. HE FINISHED HIS SHIFT AND WORKED A PARTIAL SHIFT THE NEXT DAY BUT THE PAIN PERSISTED. HE CONSULTED A DOCTOR AN D WAS DIAGNOSED WITH A RUPTURE.
February 19, 2003KY · Coalscoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operatorFALL OF ROOF OR BACK
WHILE CARRYING A CAN OF OIL TO THE MINER, EMPLOYEE STOPPED, REMOVED HIS HARD HAT TO WIPE SWEAT FROM HIS FACE & A PIECE OF ROCK 1/2" X 10" SQUARE STRUCK HIS HEAD CAUSING A LACERATION.
February 12, 2003KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)HANDLING OF MATERIALS
WHILE LOADING SUPPLIES ONTO THE ROOF BOLTER, EMPLOYEE CUT HIS FINGER ON A ROOF MAT. HE DID NOT SEEK MEDICAL ATTENTION UNTIL SEVERAL DAYS LATER WHEN HIS FINGER BECAME INFECTED.
WHILE INSTALLING A RIB BOLT, A PIECE OF DRAW ROCK, APPROXIMATELY 12" X 12" X 6" FELL DOWN THE DRILL STEEL AND STRUCK EE ON THE RIGHT HAND CAUSING BRUISING AND SWELLING.