EE STATED THAT HE WAS LOADING SUPPLIES WHILE IN THE SCOOP BUCKET. HIS FOOT SLIPPED AS HE TURNED RESULTING IN TWISTING HIS KNEE.
B & D # 4: 145 MSHA citations Coal
B & D Mining L.L.C.
· Underground
Controlled by
Stanley R Ditty
Liggett,
Harlan County,
KY
·
Abandoned
MSHA Mine ID: 1518618
B & D # 4 has $22K in proposed MSHA penalties and $15K outstanding across 1 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 4
- Years on record
- 2003
- Latest incident
- Nov 2003
Compliance record
MSHA citations since 2003
145
citations
74
significant & substantial
$21,813
proposed penalties
$5,908
paid to date
27% of proposed penalties paid to date, a $15,905 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
28
inspections on record
684
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: 684 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
B & D # 4 has $22K in proposed MSHA penalties and $15K outstanding across 1 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.$22K
proposed penalties
$21K
current assessed
$6K
paid to date
$15K
outstanding
141 assessments are final orders; 1 contested dockets.
Of $3K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2003-12-23.
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.51.4%
significant & substantial
4.2%
high negligence or reckless
63.2%
reasonably likely or greater
5.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.7% low, 95.1% moderate, 3.5% high, 0.7% 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.
5
citations taken to the federal commission · 3% of citations on record
- Settled 5 · 100%
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%
16%
Penalty reduction in decided contests
$3K proposed, $2K 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 2004-06-02.
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 2004-227 | Settlement | Zielinski | 2004 | $3K → $2K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at B & D # 4 shows 87% of 101 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: 2004-01-13, 22 years ago
ⓘ
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.87%
within 1.5 mg/m3
101
samples
4.66
dust max (mg/m3)
70 samples taken by MSHA inspectors, 31 by the operator.
Most-sampled occupations
- CONTINUOUS MINER OPERATOR32
- ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)9
- SHUTTLE CAR OPERATOR (OFF STANDARD)9
Silica (quartz)
Last sampled: 2004-01-15, 22 years ago10.2
silica avg (%)
13
samples
23.6
silica max (%)
Most-sampled occupations
- CONTINUOUS MINER OPERATOR6
- UTILITY MAN1
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: 2003-12-09, 22 years ago
ⓘ
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.11%
over PEL
19
samples
Most-sampled occupations
- CONTINUOUS MINER OPERATOR4
- ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)4
- ROOF BOLTER (TWIN HEAD) (RETURN SIDE)4
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 |
|---|---|---|
| 2004 | 100% | 4 |
| 2003 | 87% | 97 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
- B & D Mining L.L.C. 2003 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) |
|---|---|---|
| 2004 | 18 | 8,996 |
| 2003 | 74 | 238,489 |
Source: MSHA quarterly employment and production, updated weekly.
B & D # 4 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 |
|---|---|---|---|---|
| 2004 Q1 | 8,583 | 0 | 0 | 0.0 |
| 2003 Q4 | 49,483 | 64 | 35 | 1293.4 |
| 2003 Q3 | 46,620 | 38 | 17 | 815.1 |
| 2003 Q2 | 43,623 | 20 | 10 | 458.5 |
No fatalities recorded at this mine.
Reportable incidents
4 on file2003 · 4 incidents
November 8, 2003
KY · Coal
laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler
POWERED HAULAGE
B & D Mining L.L.C. · Over-exertion (Not Elsewhere Classified)
EE STATED HE WAS OPERATING A SHUTTLE CAR WHEN HE FELT A SUDDEN PAIN IN HIS RIGHT ARM.
EE STATED THAT HE WAS ROOF BOLTING WHEN A PIECE OF DRILL STEEL HUNG IN THE HOLE HE WAS DRILLING. THE DRILL STEEL THEN CAME LOOSE AND STRUCK EE ON THE LITTLE FINGER OF HIS LEFT HAND.
August 6, 2003
KY · Coal
laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler
HANDLING OF MATERIALS
B & D Mining L.L.C. · Over-exertion in lifting objects
EE STATED THAT HE WAS LIFTING A PIECE OF BELT STRUCTURE WHEN HE FELT SOMETHING PULL IN HIS LOWER STOMACH.