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.
597 citations across 3,082 inspection hours.
Source: MSHA inspections data, updated weekly.
Bardo #1 has $320K in proposed MSHA penalties and $69K outstanding across 4 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.
$320K
proposed penalties
$288K
current assessed
$219K
paid to date
$69K
outstanding
586 assessments are final orders; 4 contested dockets.
Of $126K in penalties contested before the Commission, $84K was upheld in final decisions.
As of the most recent assessment on 2008-03-07.
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.
25citations taken to the federal commission · 4% of citations on record
Settled
22 · 88%
Vacated or withdrawn
3 · 12%
88%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 16 decided S&S contests · industry: 79%
34%
Penalty reduction in decided contests
$126K proposed, $84K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2008-05-29.
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 Bardo #1 shows 90% of 454 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: 2007-11-20, 18 years ago
90%
within 1.5 mg/m3
454
samples
11.84
dust max (mg/m3)
218 samples taken by MSHA inspectors, 236 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.
Bardo #1 recorded 5.76 reportable injury cases per 100 full-time workers in 2007.
Injury rate, 2007
ⓘ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.
5.76
total case rate
2.88
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
In Kentucky, coal mining averaged 5.12 cases per 100 workers that year.
Year
total case rate
days-away
fatal
2007
5.76
2.88
0.000
2006
5.20
2.60
0.000
2005
11.35
10.22
0.000
2004
13.25
12.05
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)
2008
4
139
2007
49
220,236
2006
58
206,791
2005
66
352,909
2004
63
342,746
Source: MSHA quarterly employment and production, updated weekly.
Bardo #1 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
Approx 6 pm on 11/7/07 a roof fall was discovered during. The preshft exam. The fall was in #1 entry, between breaks #16 & 17 off the #1 belt line. The fall measured 60' long x 18' wide x 5' high.
October 30, 2007KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
During an altercation with another EE, Inj EE was struck in nose. Both sent home until incident investigated. Inj EE did not seek med attention for 11/2 wks. Safety Dept was notified EE had missed 1 day to see doctor & 1 day for x-rays. All negative.
January 3, 2007KY · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorSLIP OR FALL OF PERSON
Employee was assisting in making repairs to the continuous miner when the rub rail struck him on foot. He consulted a doctor and was told he has a fractured foot.
August 7, 2006KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
EE stated that he was roof bolting when a piece of rock fell from the roof and struck his side and ankle on the left side. EE was x-rayed and x-rays are negative.
June 10, 2006KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techMACHINERY
EE stated that he was removing a torque shaft, when oil blew out of clutches and burnt his hands. EE was transported to the hospital, where he was treated for burns. EE returned to work on 6/12/06, his next regular sheduled shift.
February 13, 2006KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
EE was roof bolting when a piece of rock approx. 6' long x 2 1/2' wide x 4" thick fell from the roof between roof bolts and struck him on the right leg at the calf. He was transported tot he ER medical center
September 20, 2005KY · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerSTRIKING OR BUMPING
EE WAS WALKING UP #4 ENTRY WHEN HE WALKED INTO A ROOF BOLT THAT WAS HANGING DOWN FROM THE ROOF. HE WAS TAKEN TO THE HOSPITAL WHERE HE RECEIVED STITCHES TO THE RIGHT EAR.
September 19, 2005KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
EE was shoveling coal onto the tailpiece when he felt pain in his lower back. EE continued to work the rest of the shift and consulted a dr after he got off work. He was x rayed and determined to have a muscle strain.
September 16, 2005KY · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerSLIP OR FALL OF PERSON
EE STATED THAT HE WAS WALKING ACROSS THE SECTION WHEN HE TRIPPED ON THE MINER CABLE. HE FELL ON HIS SHOULDER AND WAS TREATED AT THE HARBOR HOSPITAL. X-RAYS SHOWED NO FRACTURES, ONLY BRUISED. HE WAS OFF WORK ONE SHIFT AND RETURNED TO WORK FULL DUTY ON 9-19-05.
July 18, 2005KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
Employee stated that he was in a previously supported area spotting a roof bolt when a piece of drawrock approx 1' x 3' x 4" thick fell and struck him in the back. He was transported to the hospital where he was x-rayed and diagnosed with a bruised back.
July 13, 2005KY · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerPOWERED HAULAGE
Bardo Mining LLC · Caught in, under or between a moving and a stationary object
EE stated that he was holding a shuttle car cable up so that a scoop could tram through under the cable. The cable caught on the scoop canopy and employee stepped forward & the scoop ran over his foot. EE was transported to the hospital and diagnosed with a fractured big toe.
June 20, 2005KY · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerSTRIKING OR BUMPING
EE STATED THAT HE WAS WORKING AT THE SECTION TAILPIECE WHEN HE WALKED INTO A ROOF BOLT THAT WAS HANGING DOWN. HE WAS TREATED FOR A LACERATION TO THE UPPER ARM. HE RECIEVED 24 STITCHES
May 31, 2005KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)SLIP OR FALL OF PERSON
Employee was walking across a belt crossing on the surface of the mine when he slipped and fell striking his right arm. He was transported to the hospital where it was determined that he had no fractures and was to return to work the next regular shift. Employee did not report for duty and now is claiming to have a back injury from the accident.
EE was operating the intake side of the roof bolter when the rib rolled over on his leg causing a laceration below the knee and a fractured foot on the right leg.
January 12, 2005KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
EMPLOYEE STATED HE WAS ROOF BOLTING WHEN A PIECE OF ROCK 2'X 3'X 6" FELL & STRUCK HIM ON THE RT. LEG. EE WAS TRANSPORTED TO THE HOSPITAL WHERE IT WAS DETERMINED THAT HE HAD SUFFERED A BROKEN LEG.
2004 · 12 incidents
December 6, 2004KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
EMPLOYEE HAD COMPLETED ROOF BOLTING OPERATIONS AND WAS IN THE LAST OPEN X-CUT WAITING TO GO TO ANOTHER PLACE WHEN HE SAT DOWN ON THE TOP OF THE ROOF BOLTER. A PIECE OF ROCK MEASURING 18" X 24" X 3" FELL FROM THE ROOF AND STRUCK HIS RIGHT SHOULDER.
August 14, 2004KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
EE STATED THAT HE WAS ROOF BOLTING WHEN THE WRENCH CAME DOWN ON HIS LITTLE FINGER. EE REFUSED MED TREATMENT ON 8/14/04 DID NOT CALL IN OR REPORT FOR WORK.8/18/04 EE WENT TO ANOTHER EE'S HOME TO FIND HIS PAYCHECK. OTHER EE ARRANGED FOR A DR VISIT 8/19/04 WHERE IT WAS DETERMINED THAT HIS LITTLE FINGER WAS BROKEN. EE TESTED POSITIVE TO DRUG TEST & WAS DISMISSED 8/20/04
July 30, 2004KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techELECTRICAL
Employee was shocked when he came into contact with a cable on a shuttle car. He saw a doctor and was monitoned. Everything was normal with no burns so he was released.
July 14, 2004KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
Ee stated that he was attempting to straighten a piece of roof bolt steel with the head of the bolt machine when the steel rolled away from him and tore the finger tip and nail away from his finger. He was transportal to the hosptial where he was x rayed and stitches were applied to reattach the finger tip. the x rays showed no fracture.
June 25, 2004KY · Coaldiscontinued 1/31/2014. several other codes cover scoop car operatorFALL OF ROOF OR BACK
Ee stated that he was outby the last open x-cut when a piece of draw rock approx 2 feet x 2 feet x 1/8 inch thick struck him on the back. He continued to work until 6-28-04 when he consulted a Dr.
Ee stated that he was going to set the remote box for the miner on top of the miner and adjust the carrying strap when a piece of rock fell from the roof between the roof bolts. The rock struck him on the right arm. Ee was transported to the hospital where it was determined that he had a fractured arm.
June 10, 2004KY · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorHANDTOOLS (NONPOWERED)
Employee was shoveling the belt when a piece of draw rock fell and struck him on the left leg and hip resulting in a laceration requiring 18 stitches to the left calf.
March 16, 2004KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
EE WAS REPAIRING THE CONTINUOUS MINER WHEN THE RUB RAIL FELL ON HIS FOOT. EE WAS TRANSPORTED TO THE HOSPITAL WHERE HE WAS XRAYED AND IT WAS DETERMINED THAT THERE WAS NO FRACTURE ONLY BRUISED.
EE WAS MOVING THE MINER CABLE WHEN A PIECE OF ROCK ROLLED OUT OF THE RIB AND STRUCK HIM ON THE RIGHT FOOT. EE WAS TREATED FOR A BROKEN & LACERATED FOOT AT HOUSTON VALLEY HOSPITAL IN KINGSPORT TN. HE WAS RELEASED FROM THE HOSPITAL ON THE FOLLOWING DAY.
During the pre-shift examination a roof fall was discovered in the # 2 entry in the return. The fall was approximately 6' high x 20' wide x 20' long. The fall did not affect ventilation, miners or equipment. The area will not be cleaned up.