Mining Incidents

Beech Creek Surface Mine #2: 343 MSHA citations Coal

FR Performance LLC · Surface
Controlled by Freddie Revis
Jamboree, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1519475

Beech Creek Surface Mine #2 has $1.3M in proposed MSHA penalties and $233K outstanding across 31 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
16
Years on record
2011–2022
Latest incident
Nov 2022
Compliance record
MSHA citations since 2010
343
citations
173
significant & substantial
$1,319,845
proposed penalties
$648,915
paid to date
49% of proposed penalties paid to date, a $670,930 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
91
inspections on record
3,816
inspection hours
9.0
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.
343 citations across 3,816 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2010-09-20.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Beech Creek Surface Mine #2 has $1.3M in proposed MSHA penalties and $233K outstanding across 31 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.
$1.3M
proposed penalties
$882K
current assessed
$649K
paid to date
$233K
outstanding
331 assessments are final orders; 31 contested dockets.
Of $1.1M in penalties contested before the Commission, $631K was upheld in final decisions.
As of the most recent assessment on 2023-02-03.
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.
51.6%
significant & substantial
17.3%
high negligence or reckless
51.9%
reasonably likely or greater
23.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.6% none, 18.2% low, 63.9% moderate, 16.4% high, 0.9% 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.
121 citations taken to the federal commission · 35% of citations on record
  • Settled 118 · 98%
  • Vacated or withdrawn 3 · 2%
90%
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 80 decided S&S contests · industry: 79%
43%
Penalty reduction in decided contests
$1.1M proposed, $631K 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 2017-10-02.
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 2012-1411 Settlement Moran 2015 $280K → $140K
KENT 2014-0772 Settlement Simonton 2017 $134K → $90K
KENT 2012-804 Settlement Moran 2015 $105K → $5K
KENT 2011-1557 Prevail Miller 2014 $77K → $86K
KENT 2015-0504 Settlement Moran 2016 $69K → $45K
KENT 2015-0383 Prevail Steele 2018 $56K → $56K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Beech Creek Surface Mine #2 shows 100% of 132 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: 2023-09-28
100%
within 1.5 mg/m3
132
samples
1.45
dust max (mg/m3)
1
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
96 samples taken by MSHA inspectors, 36 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR39
  • HIGHWALL DRILL OPERATOR32
  • HIGHLIFT OPERATOR/FRONT END LOADER23

Silica (quartz)

Last sampled: 2023-01-23, 3 years ago
10.3
silica avg (%)
11
samples
27.7
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR6
  • BULLDOZER OPERATOR4
  • ROTARY BUCKET EXCAVATOR 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: 2023-01-11, 3 years ago
0%
over PEL
54
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER14
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE14
  • BULLDOZER OPERATOR9
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
2023 100% 9
2022 100% 8
2021 100% 4
2020 100% 20
2019 100% 8
2017 100% 10
2016 100% 11
2015 100% 8
2014 100% 17
2013 100% 5
2012 100% 7
2011 100% 12
2010 100% 13
Silica (quartz) by year
Year silica avg (%) samples
2023 2.4 2
2022 12.1 2
2020 9.5 3
2019 2.2 1
2017 9.1 1
2014 27.7 1
2011 17.0 1
Noise by year
Year over PEL samples
2023 0% 6
2022 0% 2
2020 0% 4
2019 0% 6
2017 0% 4
2014 0% 7
2013 0% 10
2011 0% 4
2010 0% 11
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Beech Creek Surface Mine #2 recorded 0.00 reportable injury cases per 100 full-time workers in 2023.

Injury rate, 2023
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.17 and the all-US-mining average was 2.10 cases per 100 workers.
In Kentucky, coal mining averaged 4.32 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
2023 * 0.00 0.00 0.000
2022 * 3.92 3.92 0.000
2021 * 0.00 0.00 0.000
2020 * 0.00 0.00 0.000
2017 * 0.00 0.00 0.000
2016 * 5.48 5.48 0.000
2015 * 0.00 0.00 0.000
2014 * 4.80 4.80 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. Kentucky Fuel Corporation 2010 to 2018
  2. FR Performance LLC 2018 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)
2026 3
2025 3
2024 3
2023 11 10,548
2022 21 50,913
2021 14 36,856
2020 20 81,656
2019 7 18,281
2018 3
2017 24 35,123
2016 22 14,928
2015 17 29,096
2014 42 148,741
2013 34 114,647
2012 31 103,029
2011 36 161,014
2010 25 169,360
Source: MSHA quarterly employment and production, updated weekly.

Beech Creek Surface Mine #2 sits in Pike County, Kentucky, where the Census mining category is 5.1% 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.
Pike County, Kentucky · Population 57,466
5.1%
Mining share of county employment
$42,179
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
2026 Q1 2,115 0 0 0.0
2025 Q4 1,863 0 0 0.0
2025 Q3 2,153 0 0 0.0
2025 Q2 2,149 0 0 0.0
2025 Q1 2,053 0 0 0.0
2024 Q4 2,214 0 0 0.0
2024 Q3 2,228 0 0 0.0
2024 Q2 2,185 0 0 0.0
Show 56 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 2,016 0 0 0.0
2023 Q4 1,910 0 0 0.0
2023 Q3 4,513 0 0 0.0
2023 Q2 3,120 0 0 0.0
2023 Q1 11,426 4 2 350.1
2022 Q4 15,547 6 2 385.9
2022 Q3 15,072 0 0 0.0
2022 Q2 9,176 7 2 762.9
2022 Q1 11,220 2 0 178.3
2021 Q4 8,160 0 0 0.0
2021 Q3 1,440 0 0 0.0
2021 Q2 9,600 1 1 104.2
2021 Q1 12,600 3 2 238.1
2020 Q4 10,400 10 4 961.5
2020 Q3 10,460 4 3 382.4
2020 Q2 14,480 3 1 207.2
2020 Q1 8,140 2 1 245.7
2019 Q4 9,240 4 0 432.9
2019 Q3 1,580 0 0 0.0
2019 Q2 1,940 0 0 0.0
2019 Q1 0 0 0
2018 Q4 1,826 0 0 0.0
2018 Q3 1,460 0 0 0.0
2018 Q1 1,512 0 0 0.0
2017 Q4 26,885 4 1 148.8
2017 Q3 12,315 10 8 812.0
2017 Q2 8,130 9 5 1107.0
2017 Q1 4,707 0 0 0.0
2016 Q4 8,062 0 0 0.0
2016 Q3 9,623 1 0 103.9
2016 Q2 5,585 2 0 358.1
2016 Q1 13,254 26 16 1961.7
2015 Q4 11,875 0 0 0.0
2015 Q3 4,954 5 2 1009.3
2015 Q2 4,917 0 0 0.0
2015 Q1 4,582 12 5 2618.9
2014 Q4 20,214 41 9 2028.3
2014 Q3 21,080 10 2 474.4
2014 Q2 24,362 7 4 287.3
2014 Q1 17,640 18 10 1020.4
2013 Q4 16,905 9 7 532.4
2013 Q3 29,261 34 23 1162.0
2013 Q2 22,138 17 8 767.9
2013 Q1 4,074 2 0 490.9
2012 Q4 2,776 1 0 360.2
2012 Q3 13,839 1 1 72.3
2012 Q2 23,134 9 5 389.0
2012 Q1 15,744 0 0 0.0
2011 Q4 26,323 14 6 531.9
2011 Q3 18,880 7 6 370.8
2011 Q2 25,778 25 15 969.8
2011 Q1 26,553 0 0 0.0
2010 Q4 26,238 11 6 419.2
2010 Q3 23,824 9 6 377.8
2010 Q2 6,765 0 0 0.0
2010 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

16 on file

2022 · 1 incident

November 7, 2022 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
FR Performance LLC · Struck by... (Not Elsewhere Classified)

EE was helping take the slack out of a track on a D11T Dozer. The slack in the track came out catching EE's hand and EE got a piece of metal in it.

2021 · 1 incident

March 3, 2021 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
FR Performance LLC · Fall from machine

Employee allegedly was climbing up the ladder to get on the Cat. 785 Rock Truck, when they fell backwards, landing on back and hip.

2016 · 1 incident

February 2, 2016 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Kentucky Fuel Corporation · Over-exertion in lifting objects

EE left work on 02/02/2016 without reporting an accident. EE reported to the hospital the following afternoon and was treated and released for a back sprain. Dr excuse said to return to work the following day 02/04/2016. EE has not yet returned to work. EE did call on 02/15/2016 and said EE would return next day. Has not returned to work as of 02/21/2016.

2015 · 1 incident

November 17, 2015 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Kentucky Fuel Corporation · Fall to the walkway or working surface

Torqueing mount bolts for 992G wheel loader unit and ratchet gear stripped causing employee to fall backwards straining lower back

2014 · 3 incidents

September 23, 2014 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Kentucky Fuel Corporation · Caught in, under or between a moving and a stationary object

Employee was working on a service truck while laying under it the truck rolled back and ran onto the employees arm and chest.

March 8, 2014 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Kentucky Fuel Corporation · Over-exertion (Not Elsewhere Classified)

straightening piece of metal wrench slipped fell back caught weight on left knee heard a pop

2013 · 3 incidents

November 10, 2013 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator DUST DISEASE OF LUNGS
Kentucky Fuel Corporation · Inhalation of radiations, caustics, toxic and noxious substances

Alleged state black lung

September 15, 2013 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

Employee alleges seat bottomed out on rock truck causing back and hip pain.

July 26, 2013 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Kentucky Fuel Corporation · Fall from machine

Employee alleges falling from a 777 rock truck causing back and arm injury.

2012 · 2 incidents

2011 · 4 incidents

November 8, 2011 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

Hauling load in 777C and went from wet to dry conditions while coming down embankment. Appears tires caught while getting ready to dump and truck tipped over onto passenger side. EE was sent to hospital with abrasions and released 11/09/2011.

March 28, 2011 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

Victim was hauling shot rock with a 777 Caterpillar truck. He hit a depression and it bottomed out the seat and his back started hurting. He went to Pikeville Medical Center ER later that day. Employee still off work.

February 18, 2011 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Kentucky Fuel Corporation · Struck against a moving object

Victim was pushing shot rock with a 475 Komatsu dozer. He backed over a rock and his right hip started hurting. Bruised right hip. He went to_Pikeville Medical Center ER on Feb. 22nd. Employee returned to work on February 24, 2011

February 2, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Kentucky Fuel Corporation · Over-exertion (Not Elsewhere Classified)

Victim was changing the cutting edge on a 475 Komatsu dozer. The cutting edge slipped and he caught it to prevent it from falling. His lower back started hurting later. He went to Pikeville Medical Center ER on Feb. 4th. Employee still off work as of this date.