Mining Incidents

Beaver Gap: 321 MSHA citations Coal

Ember Contracting Inc · Underground
Controlled by Randy Gilkerson
Kite, Knott County, KY  ·  Abandoned
MSHA Mine ID: 1518642

Beaver Gap has $59K in proposed MSHA penalties and $189 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2003–2006
Latest incident
Jan 2006
Compliance record
MSHA citations since 2003
321
citations
126
significant & substantial
$61,980
proposed penalties
$61,791
paid to date
100% of proposed penalties paid to date, a $189 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
25
inspections on record
1,505
inspection hours
21.3
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.
321 citations across 1,505 inspection hours.
Source: MSHA inspections data, updated weekly.

Beaver Gap has $59K in proposed MSHA penalties and $189 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.
$59K
proposed penalties
$59K
current assessed
$58K
paid to date
$189
outstanding
310 assessments are final orders; 4 contested dockets.
Of $20K in penalties contested before the Commission, $20K was upheld in final decisions.
As of the most recent assessment on 2006-11-02.
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.
40.0%
significant & substantial
0.6%
high negligence or reckless
40.0%
reasonably likely or greater
7.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.0% low, 98.4% moderate, 0.6% 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.
28 citations taken to the federal commission · 9% of citations on record
  • Stood as issued 28 · 100%
100%
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 13 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$16K proposed, $16K 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 2006-12-15.
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 2007-103 Dismissal Hodgdon 2007 $13K → $13K
KENT 2007-104 Default Lesnick 2007 $4K → $4K
KENT 2004-258 Default Lesnick 2004 $3K → $3K
KENT 2004-280 Dismissal Lesnick 2005 $237 → $237
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Beaver Gap shows 95% of 251 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: 2006-10-07, 19 years ago
95%
within 1.5 mg/m3
251
samples
3.04
dust max (mg/m3)
124 samples taken by MSHA inspectors, 127 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR109
  • ROOF BOLTER (SINGLE HEAD)28
  • SCOOP CAR OPERATOR22

Silica (quartz)

Last sampled: 2006-10-10, 19 years ago
6.5
silica avg (%)
7
samples
31.4
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR5

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: 2006-05-03, 20 years ago
0%
over PEL
20
samples
Most-sampled occupations
  • ROOF BOLTER (SINGLE HEAD)5
  • SCOOP CAR OPERATOR4
  • COAL DRILL OPERATOR3
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
2006 100% 66
2005 92% 83
2004 92% 73
2003 100% 29
Silica (quartz) by year
Year silica avg (%) samples
2006 9.1 4
2005 2.7 2
2004 3.7 1
Noise by year
Year over PEL samples
2006 0% 5
2005 0% 10
2003 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Beaver Gap recorded 4.68 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
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.
4.68
total case rate
4.68
days-away rate
0.000
fatality rate
About average. The US coal mining average was 4.87 and the all-US-mining average was 3.91 cases per 100 workers.
In Kentucky, coal mining averaged 5.96 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
2006 * 4.68 4.68 0.000
2005 * 14.02 14.02 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. Straight Fork Mining Inc 2003 to 2005
  2. Ember Contracting Inc 2005 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)
2007 0
2006 21 106,838
2005 23 122,144
2004 21 96,475
2003 17 68,542
Source: MSHA quarterly employment and production, updated weekly.

Beaver Gap sits in Knott County, Kentucky, where the Census mining category is 2.8% 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.
Knott County, Kentucky · Population 14,046
2.8%
Mining share of county employment
$37,736
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
2007 Q1 0 0 0
2006 Q4 4,814 15 8 3115.9
2006 Q3 11,567 28 13 2420.7
2006 Q2 13,880 10 2 720.5
2006 Q1 12,462 12 6 962.9
2005 Q4 14,414 15 5 1040.7
2005 Q3 12,492 19 7 1521.0
2005 Q2 7,685 32 5 4164.0
Show 7 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2005 Q1 8,218 30 9 3650.5
2004 Q4 8,886 28 15 3151.0
2004 Q3 8,482 26 17 3065.3
2004 Q2 8,823 24 10 2720.2
2004 Q1 9,720 42 17 4321.0
2003 Q4 10,496 25 5 2381.9
2003 Q3 3,799 12 5 3158.7
No fatalities recorded at this mine.

Reportable incidents

5 on file

2006 · 1 incident

January 31, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Ember Contracting Inc · Struck by... (Not Elsewhere Classified)

EE was assisting with broken belt repairs, while pulling broken belt together, the belt clamp slipped, striking EE in facial area.

2005 · 3 incidents

July 28, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Ember Contracting Inc · Struck by falling object

Employee was bolting roof top and a rock fell striking his left hand pinky finger and mashing it against pinner.

May 18, 2005 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Straight Fork Mining Inc · Struck against stationary object

Employee was operating scoop across section and was watching a water bucket on scoop and had his arm on post of scoop and hit his left arm against roof of mine, injuring left arm.

March 15, 2005 KY · Coal coal dump operator POWERED HAULAGE
Straight Fork Mining Inc · Caught in, under or between (Not Elsewhere Classified)

Employee was busting a rock on the feeder and the rock and the drag chain caught his right ring finger against top. per call to Joseph Jacobs 3-28-05, it was amputated to the first joint from the tip. coder 12.

2003 · 1 incident

September 23, 2003 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler

EE WAS SHOVELING TAILPIECE WHEN HE CAUGHT HIS GLOVE IN THE BELT SPLICE, JERKING HIS LEFT ARM. INJURING HIS LEFT WRIST AND SHOULDER.