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Ben's Branch Mine: 120 MSHA citations Coal

Locust Grove, Inc. · Surface
Controlled by Edward L Clemons Estate
Hazard, Perry County, KY  ·  Abandoned
MSHA Mine ID: 1519638

Ben's Branch Mine has $436K in proposed MSHA penalties and $713 outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
2012–2013
Latest incident
Feb 2013
Compliance record
MSHA citations since 2012
120
citations
51
significant & substantial
$436,236
proposed penalties
$72,533
paid to date
17% of proposed penalties paid to date, a $363,703 gap.
Source: MSHA violations data, updated weekly.
See Locust Grove, Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2011
17
inspections on record
671
inspection hours
n/a
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.
Rate withheld: 671 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Ben's Branch Mine has $436K in proposed MSHA penalties and $713 outstanding across 9 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.
$436K
proposed penalties
$73K
current assessed
$73K
paid to date
$713
outstanding
118 assessments are final orders; 9 contested dockets.
Of $420K in penalties contested before the Commission, $57K was upheld in final decisions.
As of the most recent assessment on 2014-10-15.
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.
43.2%
significant & substantial
3.4%
high negligence or reckless
43.2%
reasonably likely or greater
9.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.1% low, 91.5% moderate, 3.4% 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.
45 citations taken to the federal commission · 38% of citations on record
  • Settled 45 · 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 31 decided S&S contests · industry: 79%
86%
Penalty reduction in decided contests
$420K proposed, $57K 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 2015-02-05.
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 2015-0296 Prevail Barbour 2016 $358K → $15K
KENT 2015-0085 Settlement Barbour 2015 $25K → $15K
KENT 2013-1068 Settlement Simonton 2014 $9K → $6K
KENT 2014-0770 Settlement Barbour 2015 $6K → $4K
KENT 2014-92 Settlement Simonton 2014 $6K → $4K
KENT 2013-982 Settlement Koutras 2013 $5K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Ben's Branch Mine shows 100% of 22 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: 2015-06-29, 11 years ago
100%
within 1.5 mg/m3
22
samples
0.43
dust max (mg/m3)
0
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.
22 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR4
  • HIGHLIFT OPERATOR/FRONT END LOADER4
  • HIGHWALL DRILL OPERATOR3

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: 2015-06-29, 11 years ago
0%
over PEL
22
samples
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • HIGHLIFT OPERATOR/FRONT END LOADER4
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE3
See US mines ranked by noise samples over the legal limit.
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
2015 100% 2
2014 100% 5
2013 100% 10
2012 100% 5
Noise by year
Year over PEL samples
2015 0% 2
2014 0% 5
2013 0% 10
2012 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Ben's Branch Mine recorded 3.13 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
ⓘ 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.
3.13
total case rate
3.13
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 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
2013 * 3.13 3.13 0.000
2012 * 4.68 4.68 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. Locust Grove, Inc. 2011 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 5 69,554
2013 21 413,575
2012 19 372,145
Source: MSHA quarterly employment and production, updated weekly.

Ben's Branch Mine sits in Perry County, Kentucky, where the Census mining category is 3.3% 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.
Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
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 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q3 5,528 2 2 361.8
2014 Q2 1,694 3 2 1771.0
2014 Q1 4,049 5 1 1234.9
2013 Q4 20,570 10 7 486.1
2013 Q3 20,570 10 4 486.1
Show 6 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q2 10,813 36 17 3329.3
2013 Q1 11,881 16 4 1346.7
2012 Q4 8,771 0 0 0.0
2012 Q3 16,126 7 5 434.1
2012 Q2 10,499 17 3 1619.2
2012 Q1 7,312 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2013 · 1 incident

February 5, 2013 KY · Coal pumper HANDLING OF MATERIALS
Locust Grove, Inc. · Over-exertion in lifting objects

EE was cleaning out loading pot when it tilted over and almost fell, EE sat the pot back up injuring his back.

2012 · 1 incident

March 29, 2012 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Locust Grove, Inc. · Fall from machine

Employee was climbing on dozer when he fell bruising his left hip.