Mining Incidents

Band Mill 2: 841 MSHA citations Coal

Controlled by Jeffery A Hoops
Eolia, Letcher County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518705

Band Mill 2 has $362K in proposed MSHA penalties and $1K outstanding across 10 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Band Mill 2.

Fatalities
0
Total incidents
23
Years on record
2005–2013
Latest incident
Apr 2013
Compliance record
MSHA citations since 2004
841
citations
266
significant & substantial
$362,397
proposed penalties
$347,316
paid to date
96% of proposed penalties paid to date, a $15,081 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
107
inspections on record
8,722
inspection hours
9.6
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.
841 citations across 8,722 inspection hours.
Source: MSHA inspections data, updated weekly.

Band Mill 2 has $362K in proposed MSHA penalties and $1K outstanding across 10 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.
$362K
proposed penalties
$348K
current assessed
$347K
paid to date
$1K
outstanding
827 assessments are final orders; 10 contested dockets.
Of $56K in penalties contested before the Commission, $42K was upheld in final decisions.
As of the most recent assessment on 2013-06-11.
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.
32.1%
significant & substantial
0.8%
high negligence or reckless
32.4%
reasonably likely or greater
14.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.3% low, 92.9% moderate, 0.8% 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.
21 citations taken to the federal commission · 2% of citations on record
  • Settled 20 · 95%
  • Stood as issued 1 · 5%
89%
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 18 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$56K proposed, $42K 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 2013-07-24.
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 2013-651 Settlement Miller 2013 $23K → $18K
KENT 2013-950 Settlement Barbour 2014 $13K → $10K
KENT 2008-1034 Settlement Feldman 2009 $5K → $1K
KENT 2013-214 Settlement Lewis 2013 $4K → $3K
KENT 2013-671 Settlement Miller 2013 $3K → $3K
KENT 2013-514 Settlement Miller 2013 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Band Mill 2 shows 91% of 997 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: 2012-09-25, 13 years ago
91%
within 1.5 mg/m3
997
samples
8.15
dust max (mg/m3)
482 samples taken by MSHA inspectors, 515 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR414
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)58
  • SCOOP CAR OPERATOR55

Silica (quartz)

Last sampled: 2011-05-16, 15 years ago
9.2
silica avg (%)
93
samples
27.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR49
  • BELT MAN/CONVEYOR 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: 2011-08-05, 15 years ago
19%
over PEL
121
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR24
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)17
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)17
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% 10
2011 94% 105
2010 89% 125
2009 99% 92
2008 90% 92
2007 90% 140
2006 89% 215
2005 91% 158
2004 97% 60
Silica (quartz) by year
Year silica avg (%) samples
2011 10.3 11
2010 7.9 14
2009 5.3 3
2008 6.7 5
2007 8.7 10
2006 10.1 28
2005 9.3 13
2004 9.7 9
Noise by year
Year over PEL samples
2011 14% 7
2010 7% 15
2009 0% 10
2008 43% 14
2007 24% 29
2006 29% 21
2005 8% 25
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Band Mill 2 recorded 2.82 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.
2.82
total case rate
2.82
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.
Year total case rate days-away fatal
2011 2.82 2.82 0.000
2010 3.39 0.00 0.000
2009 * 10.66 4.26 0.000
2008 2.93 2.93 0.000
2007 4.29 4.29 0.000
2006 0.00 0.00 0.000
2005 3.81 3.81 0.000
2004 * 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. Cumberland River Coal Company 2004 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)
2013 3
2012 6
2011 57 223,581
2010 48 213,988
2009 38 240,816
2008 48 233,354
2007 53 375,419
2006 67 549,118
2005 62 468,626
2004 33 139,339
Source: MSHA quarterly employment and production, updated weekly.

Band Mill 2 sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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
2013 Q4 0 0 0
2013 Q2 2,360 3 0 1271.2
2013 Q1 2,226 9 3 4043.1
2012 Q4 2,707 29 7 10713.0
2012 Q3 3,373 39 5 11562.4
2012 Q2 3,101 8 1 2579.8
2012 Q1 3,101 13 3 4192.2
2011 Q4 21,941 23 6 1048.3
Show 31 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q3 32,863 21 4 639.0
2011 Q2 46,545 26 8 558.6
2011 Q1 40,569 23 3 566.9
2010 Q4 32,422 29 8 894.5
2010 Q3 28,624 32 4 1117.9
2010 Q2 30,821 13 4 421.8
2010 Q1 26,125 14 4 535.9
2009 Q4 24,374 5 0 205.1
2009 Q3 23,221 18 2 775.2
2009 Q2 18,575 6 2 323.0
2009 Q1 27,641 13 6 470.3
2008 Q4 34,001 37 13 1088.2
2008 Q3 38,384 38 8 990.0
2008 Q2 34,073 32 10 939.2
2008 Q1 29,911 14 6 468.1
2007 Q4 27,272 23 7 843.4
2007 Q3 25,778 40 5 1551.7
2007 Q2 41,475 18 4 434.0
2007 Q1 45,295 34 11 750.6
2006 Q4 44,548 26 11 583.6
2006 Q3 43,909 18 7 409.9
2006 Q2 44,880 35 19 779.9
2006 Q1 44,889 21 11 467.8
2005 Q4 41,994 24 11 571.5
2005 Q3 41,896 17 7 405.8
2005 Q2 40,718 10 5 245.6
2005 Q1 32,966 26 10 788.7
2004 Q4 28,977 12 6 414.1
2004 Q3 28,352 29 15 1022.9
2004 Q2 30,465 32 15 1050.4
2004 Q1 1,040 8 5 7692.3
No fatalities recorded at this mine.

Reportable incidents

23 on file

2013 · 2 incidents

April 17, 2013 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Cumberland River Coal Company · Over-exertion in lifting objects

Employee was handling belt rollers when his shoulder started to hurt, employee had strained shoulder 3/4/13 but had not seeked medical attention. Employee was taken off of work effective 4/23/2013.

April 8, 2013 KY · Coal assayer, geologist, metallurgist, engineer, engineer management SLIP OR FALL OF PERSON
Cumberland River Coal Company · Fall from ladders

Employee was using a ladder to install an antenna on a pole when he fell twisting his right ankle resulting in a chip in his bone.

2011 · 2 incidents

April 25, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Cumberland River Coal Company · Over-exertion (Not Elsewhere Classified)

Employee slipped twisting his knee, he continued to work until 05/02/2011 at which time he began loosing time.

January 24, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Cumberland River Coal Company · Over-exertion in lifting objects

Employee was lifting a miner cable when he strained his back. The employee continued to work until May 23, 2011 at which time he was removed from work by his physician. This accident has been under investigation and has now been determined (June 17, 2011)to be work related and reportable.

2010 · 4 incidents

October 12, 2010 KY · Coal FALL OF ROOF OR BACK
Cumberland River Coal Company · Accident type, without injuries

A roof fall occurred in the #5 entry between crosscuts 86 and 87 in the mine's intake entry. The fall was above the roof bolt anchorage and measured approximately 100 feet in length.

August 4, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Cumberland River Coal Company · Struck by flying object

Employee was struck in neck with a chip from pin as the track pin was being driven in with a hammer. Bleeding was stopped in less than 1 minute. He was transported to hospital for further exam. He was airlifted to U.K. for precautionary examination.

June 8, 2010 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Cumberland River Coal Company · Struck by... (Not Elsewhere Classified)

Employee was tramming the roof bolter out of the # 4 entry, when the roof bolter cable stuck, causing the cable to be jerked down. The cable hook struck the operator/employee on his left cheek, resulting in a laceration that required 5 stitches to close.

May 10, 2010 KY · Coal belt foreman, maintenance foreman, maintenance supervisor HANDTOOLS (NONPOWERED)
Cumberland River Coal Company · Struck by... (Not Elsewhere Classified)

Employee was holding a pipe wrench attempting to loosen a pipe fitting when a fellow employee struck the handle of the wrench with a hammer. The hammer struck the employee on his small finger on his left hand resulting in a fracture.

2009 · 5 incidents

December 9, 2009 KY · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Cumberland River Coal Company · Struck by... (Not Elsewhere Classified)

Employee, was removing the insulation on an electrical cable using a utility knife in preparation to make a cable splice. During the process he accidentally cut his left hand. The laceration required 10 stitches to close.

November 5, 2009 KY · Coal electrician, lineman POWERED HAULAGE
Cumberland River Coal Company · Struck by... (Not Elsewhere Classified)

Employee was operating a rubber tired personnel vehicle when the front tire hit a hole in the road causing the steering wheel to spin around striking the back of his hand. This resulted in a small fracture to one of the bones in his hand.

July 13, 2009 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss DUST DISEASE OF LUNGS
Cumberland River Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

Employee has contracted pneumoconiosis (Black Lung) and is a Part 90 Miner.

May 6, 2009 KY · Coal continuous miner operator, coal mole operator FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Cumberland River Coal Company · Struck by rolling or sliding object

Employee was operating a continuous miner performing retreat mining, when a portion of the coal rib came loose and struck him on the back, knocking him down. He continued to work until 05/26/09 at which time he stopped due to the ongoing pain in his neck.

February 18, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Cumberland River Coal Company · Over-exertion in lifting objects

Employee was lifting a piece of belt structure when he felt a pain in his stomach. He continued to work until 3/25/09 at which time he had surgery to repair a hernia in his stomach. He started losing time after his surgery.

2008 · 2 incidents

May 12, 2008 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Cumberland River Coal Company · Over-exertion in lifting objects

Employee was loading rock dust into a duster. He was bending over and lifting the rock dust bags from the mine floor. He experienced pain in his lower back. He continued to work until May 19th. At this time he started to miss work.

March 17, 2008 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Cumberland River Coal Company · Over-exertion in lifting objects

EE was changing button belt rollers. EE used a come a along to pull up the belt, but had to install the button roller by lifting them and pushing them into place. EE was working in a stopped ot bending position.

2007 · 3 incidents

August 14, 2007 KY · Coal continuous miner operator, coal mole operator SLIP OR FALL OF PERSON
Cumberland River Coal Company · Over-exertion (Not Elsewhere Classified)

Employee was walking in an area that was 5 breaks outby. The face when he slipped and twisted his ankle. Left. On 8/20/07 He went to the dr and was diagnoised with a hairline fracture of the left fibula approx. 3" above the ankle. Accident became reportable on 8/20/07.

March 20, 2007 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Cumberland River Coal Company · Over-exertion (Not Elsewhere Classified)

Employee stated that he was pulling on a cable when he felt "something give" in his right knee. Mine floor was wet and muddy. He had been diagnosed with a torn ligament in the right knee.

January 30, 2007 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Cumberland River Coal Company · Over-exertion (Not Elsewhere Classified)

Employee stated he was walking in the #3 Entry at 25 x-cut when he stepped on something in the mud. He stated he felt his knee twist. He continued working the rest of his shift.

2006 · 2 incidents

November 13, 2006 KY · Coal FALL OF ROOF OR BACK
Cumberland River Coal Company · Accident type, without injuries

A roof fall occurred on the Franks Creek Mains. The fall was at break #72 and #6 entry, 1 break outby spad no. 13593. The fall was 4.5' thick, 8' wide & 25' long. The fall was located in a neutral airway. Fall was cribbed off and extra cribs were installed in surrounding area.

July 13, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Cumberland River Coal Company · Caught in, under or between (Not Elsewhere Classified)

Employees was changing tires on the RD 800 Mack. EE was putting the inside tire back on truck when his middle finger on his left hand was pinched between the tire & spoke of the truck. He was taken to Norton ER stitched the end back on going to give a week to heal may have to take off first knuckel.

2005 · 3 incidents

July 30, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Cumberland River Coal Company · Struck by... (Not Elsewhere Classified)

Employee hit a drill chuck with a wrench to insert it into the drill pot. A piece of metal came off the chuck and entered his lower right leg. He was treated in the E.R. and returned for the next two shifts of work. On Aug 3rd he returned to hospital where a Dr located and removed the piece of metal but in process damaged an artery.

June 6, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Cumberland River Coal Company · Struck by falling object

ROOF CONDITIONS WERE CHANGING & STRAPS WERE USED. AS BOLTS WERE BEING INSTALLED A PIECE OF ROCK FELL & STRUCK THE EMPLOYEE ON THE LOWER PART OF HIS RIGHT LEG. X-RAYS INDICATED A FRACTURE OF THE RT. FIBULA.

May 20, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Cumberland River Coal Company · Struck by falling object

ROOF CONDITIONS WERE CHANGING AND STRAPS WERE STARTING TO BE INSTALLED. AS THE SECOND BOLT WAS BEING INSTALLED IN THE STRAP, A PIECE OF ROCK FELL AND STRUCK THE EMPLOYEE ON THE FOOT. X-RAY DID NOT SHOW A FRACTURE; HOWEVER, AN MRI GIVEN ON 5/27/05 SHOWED A HAIRLINE FRACTURE.