Mining Incidents

Bear Branch: 314 MSHA citations Coal

Controlled by Thomas R Hamilton
Calvin, Leslie County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519301

Bear Branch has $658K in proposed MSHA penalties and $9K outstanding across 29 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
19
Years on record
2010–2014
Latest incident
May 2014
Compliance record
MSHA citations since 2008
314
citations
114
significant & substantial
$658,197
proposed penalties
$309,635
paid to date
47% of proposed penalties paid to date, a $348,562 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
34
inspections on record
1,846
inspection hours
17.0
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.
314 citations across 1,846 inspection hours.
Source: MSHA inspections data, updated weekly.

Bear Branch has $658K in proposed MSHA penalties and $9K outstanding across 29 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.
$658K
proposed penalties
$318K
current assessed
$310K
paid to date
$9K
outstanding
310 assessments are final orders; 29 contested dockets.
Of $635K in penalties contested before the Commission, $268K was upheld in final decisions.
As of the most recent assessment on 2014-08-21.
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.
36.8%
significant & substantial
5.8%
high negligence or reckless
37.4%
reasonably likely or greater
6.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 9.4% low, 84.8% moderate, 5.5% high, 0.3% 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.
215 citations taken to the federal commission · 68% of citations on record
  • Settled 192 · 89%
  • Stood as issued 11 · 5%
  • Vacated or withdrawn 12 · 6%
69%
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 100 decided S&S contests · industry: 79%
58%
Penalty reduction in decided contests
$653K proposed, $272K 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 2015-05-10.
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 2012-904 Prevail Lewis 2015 $109K → $38K
KENT 2014-0811 Settlement Feldman 2015 $105K → $40K
KENT 2014-0578 Settlement Feldman 2015 $90K → $26K
KENT 2012-1085 Prevail Lewis 2015 $81K → $8K
KENT 2014-0784 Settlement Feldman 2015 $63K → $20K
KENT 2014-0423 Settlement Feldman 2015 $55K → $36K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Bear Branch shows 100% of 72 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: 2014-07-30, 12 years ago
100%
within 1.5 mg/m3
72
samples
0.83
dust max (mg/m3)
65 samples taken by MSHA inspectors, 7 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR21
  • BULLDOZER OPERATOR16
  • HIGHLIFT OPERATOR/FRONT END LOADER13

Silica (quartz)

Last sampled: 2014-03-12, 12 years ago
16.1
silica avg (%)
3
samples
21.8
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR1
  • HIGHWALL DRILL OPERATOR1
  • ROAD GRADER 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: 2014-07-30, 12 years ago
2%
over PEL
46
samples
Most-sampled occupations
  • BULLDOZER OPERATOR11
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE10
  • HIGHLIFT OPERATOR/FRONT END LOADER8
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
2014 100% 17
2013 100% 13
2012 100% 12
2011 100% 10
2010 100% 6
2009 100% 10
2008 100% 4
Silica (quartz) by year
Year silica avg (%) samples
2014 13.8 1
2012 12.8 1
2008 21.8 1
Noise by year
Year over PEL samples
2014 0% 10
2013 0% 6
2012 0% 5
2011 0% 5
2010 20% 5
2009 0% 10
2008 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bear Branch recorded 8.06 reportable injury cases per 100 full-time workers in 2014.

Injury rate, 2014
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.
8.06
total case rate
5.37
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 2.93 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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
2014 * 8.06 5.37 0.000
2013 5.61 5.61 0.000
2012 5.77 5.77 0.000
2011 7.71 7.71 0.000
2010 9.13 9.13 0.000
2009 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. Nally & Hamilton Enterprises Inc 2008 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)
2015 0
2014 27 168,468
2013 35 363,409
2012 37 343,506
2011 43 385,017
2010 37 383,754
2009 37 379,953
2008 34 71,997
Source: MSHA quarterly employment and production, updated weekly.

Bear Branch sits in Leslie County, Kentucky, where the Census mining category is 10.6% 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.
Leslie County, Kentucky · Population 10,261
10.6%
Mining share of county employment
$40,176
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 Q1 0 0 0
2014 Q4 4,952 0 0 0.0
2014 Q3 20,660 14 1 677.6
2014 Q2 25,927 0 0 0.0
2014 Q1 22,918 28 13 1221.7
2013 Q4 24,053 4 0 166.3
2013 Q3 27,465 23 8 837.4
2013 Q2 30,264 1 1 33.0
Show 18 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q1 25,078 16 5 638.0
2012 Q4 25,437 0 0 0.0
2012 Q3 28,958 20 9 690.7
2012 Q2 26,330 0 0 0.0
2012 Q1 23,340 24 13 1028.3
2011 Q4 31,283 5 2 159.8
2011 Q3 34,694 21 5 605.3
2011 Q2 33,182 2 0 60.3
2011 Q1 30,474 12 1 393.8
2010 Q4 26,392 1 0 37.9
2010 Q3 28,992 0 0 0.0
2010 Q2 29,262 13 12 444.3
2010 Q1 24,887 16 2 642.9
2009 Q4 25,071 2 0 79.8
2009 Q3 27,414 16 4 583.6
2009 Q2 27,760 0 0 0.0
2009 Q1 24,483 3 1 122.5
2008 Q4 24,134 32 8 1325.9
No fatalities recorded at this mine.

Reportable incidents

19 on file

2014 · 3 incidents

May 16, 2014 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Over-exertion in lifting objects

Employee was working on a 800 Service Truck, when he picked up a clutch & pressure plate he felt a pain in his left groin area.

April 17, 2014 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Nally & Hamilton Enterprises Inc · Struck by... (Not Elsewhere Classified)

Employee was grinding on step of Volvo Truck when the grinding rock busted and a piece hit him on the left side of his face (the jaw area) cutting a gash.

January 14, 2014 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Fall from machine

Employee was starting to work and was climbing in 777F rock Truck when his foot slipped on the step throwing him to the ground, hurting his lower middle back.

2013 · 3 incidents

December 14, 2013 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Nally & Hamilton Enterprises Inc · Fall from machine

Employee was climbing off of excavator when his feet slipped on the muddy tracks and he slid off onto the ground hurting back of neck and left shoulder.

July 24, 2013 KY · Coal grader operator, roadgrader operator OTHER
Nally & Hamilton Enterprises Inc · Caught in, under or between a moving and a stationary object

Employee was getting in grader when he opened the door, the wind slammed it shut on his right hand/wrist. Wrist started giving trouble, went to doctor and he put him off from work to see a specialist.

July 22, 2013 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Over-exertion (Not Elsewhere Classified)

Employee was doing normal installation of a tire on a Mack grease truck when he jerked his back, he said his left side down to top of his left foot is numb.

2012 · 3 incidents

November 29, 2012 KY · Coal driller, highwall operator, highwall drill operator SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Fall onto or against objects

Employee was helping mechanic work on dozer when a wrench fell between push arm and front track of dozer, when trying to get wrench, he slipped and cut left thigh on track.

August 10, 2012 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Struck by... (Not Elsewhere Classified)

Employee was connecting (2) air hose together when one slipped out of his hand and struck him above his right eye.

February 6, 2012 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Nally & Hamilton Enterprises Inc · Struck against a moving object

Employee was cutting a bench with D9 Dozer, went over edge of bench causing dozer to turn over on it's side hurting his left hip and knee. Employee was taken to Mary Beckingridge E.R. in Hyden, Ky. where he was checked out and released.

2011 · 5 incidents

October 12, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Fall onto or against objects

Employee was putting radiator core in D10 Dozer when his feet slipped throwing him between the stabilizer bar and grill of dozer hurting his shoulder/elbow. He didn't miss work until 12/13/2011.

April 19, 2011 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Fall from machine

Employee was getting off the truck at quitting time when he slipped and fell hurting his back. Employee did not tell his shift foreman that night, instead he called back and told the day shift foreman the next day.

March 28, 2011 KY · Coal outside foreman, leadman HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Over-exertion (Not Elsewhere Classified)

Employee was bent over moving coal and dirt away from core holes with a rake, when he developed continuous pain in his neck. The pain worsened on 4/04/2011 and he went to the doctor.

February 21, 2011 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Nally & Hamilton Enterprises Inc · Struck against a moving object

Employee was driving the 777 down a hill, when he stated the brakes failed and the truck overturned. The brakes were checked after the accident and seemed fine.

2010 · 5 incidents

June 8, 2010 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Caught in, under or between (Not Elsewhere Classified)

The employee was getting back into his drill when he slammed his hand in the door.

March 8, 2010 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Nally & Hamilton Enterprises Inc · Struck against a moving object

Employee was running a loader when he stated that he hurt his back. Employee refused any first aid help or transport in an ambulance to the hospital. The employee left the job against the advice of the foreman.

February 11, 2010 KY · Coal outside foreman, leadman SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Fall to the walkway or working surface

Employee was moving a light plant when he walked to his truck, stepping on some ice causing his feet to slip out from under him causing employee to land on his back and back of his head.