Mining Incidents

Bevins Branch Surface: 489 MSHA citations Coal

Controlled by James Eric Davidson
Millard, Pike County, KY  ·  NonProducing
MSHA Mine ID: 1518040

Bevins Branch Surface has $254K in proposed MSHA penalties and $12K outstanding across 18 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
31
Years on record
1998–2020
Latest incident
Apr 2020
Compliance record
MSHA citations since 2004
489
citations
180
significant & substantial
$253,952
proposed penalties
$175,221
paid to date
69% of proposed penalties paid to date, a $78,731 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
99
inspections on record
4,946
inspection hours
9.9
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.
489 citations across 4,946 inspection hours.
Source: MSHA inspections data, updated weekly.

Bevins Branch Surface has $254K in proposed MSHA penalties and $12K outstanding across 18 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.
$254K
proposed penalties
$187K
current assessed
$175K
paid to date
$12K
outstanding
471 assessments are final orders; 18 contested dockets.
Of $137K in penalties contested before the Commission, $71K was upheld in final decisions.
As of the most recent assessment on 2023-02-09.
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.
37.6%
significant & substantial
4.8%
high negligence or reckless
37.6%
reasonably likely or greater
13.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 19.8% low, 75.4% moderate, 4.8% 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.
102 citations taken to the federal commission · 21% of citations on record
  • Settled 85 · 83%
  • Stood as issued 17 · 17%
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 64 decided S&S contests · industry: 79%
48%
Penalty reduction in decided contests
$137K proposed, $71K 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 2017-10-04.
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 2013-527 Settlement Gill 2014 $23K → $1K
KENT 2013-497 Settlement Gill 2014 $19K → $2K
KENT 2013-700 Settlement Gill 2014 $16K → $2K
KENT 2014-149 Settlement Gill 2014 $12K → $9K
KENT 2014-0655 Settlement Gill 2015 $12K → $9K
KENT 2012-1024 Settlement Lesnick 2013 $9K → $7K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Bevins Branch Surface shows 100% of 390 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: 2021-05-13, 5 years ago
100%
within 1.5 mg/m3
390
samples
1.44
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.
279 samples taken by MSHA inspectors, 111 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR107
  • HIGHWALL DRILL OPERATOR93
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE86

Silica (quartz)

Last sampled: 2021-05-20, 5 years ago
9.1
silica avg (%)
21
samples
20.6
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR9
  • BULLDOZER OPERATOR7
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5

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: 2019-11-19, 6 years ago
2%
over PEL
102
samples
Most-sampled occupations
  • BULLDOZER OPERATOR25
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE23
  • HIGHLIFT OPERATOR/FRONT END LOADER21
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
2021 100% 3
2020 100% 6
2019 100% 31
2018 100% 47
2017 100% 51
2016 100% 38
2015 100% 45
2014 100% 25
2013 100% 14
2012 100% 23
2011 100% 18
2010 100% 14
2009 100% 14
2008 100% 9
2007 100% 27
2006 100% 6
2005 100% 12
2004 100% 7
Silica (quartz) by year
Year silica avg (%) samples
2021 5.9 2
2019 11.3 5
2018 10.1 3
2017 15.6 2
2016 11.2 1
2015 5.0 5
2014 8.4 3
Noise by year
Year over PEL samples
2019 0% 11
2018 0% 5
2017 0% 9
2015 0% 6
2014 0% 7
2013 14% 7
2012 0% 11
2011 0% 6
2010 14% 7
2009 0% 5
2007 0% 16
2005 0% 12
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bevins Branch Surface recorded 6.65 reportable injury cases per 100 full-time workers in 2020.

Injury rate, 2020
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.
6.65
total case rate
6.65
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.19 and the all-US-mining average was 2.08 cases per 100 workers.
In Kentucky, coal mining averaged 3.67 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
2020 * 6.65 6.65 0.000
2019 * 2.23 0.00 0.000
2018 3.43 3.43 0.000
2017 1.79 1.79 0.000
2016 1.95 1.95 0.000
2015 0.00 0.00 0.000
2014 1.26 1.26 0.000
2013 1.21 1.21 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. Coal Mac Inc 1998 to 2004
  2. Apex Energy Inc 2004 to 2019
  3. Virgie Clean Mining, LLC 2019 to 2023
  4. Myra Resources LLC. 2023 to 2025
  5. Reckoning Reclamation, LLC. 2025 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)
2023 13
2021 5
2020 15 8,998
2019 35 99,205
2018 41 182,138
2017 39 325,531
2016 45 358,768
2015 66 409,621
2014 61 439,960
2013 58 445,611
2012 65 411,646
2011 70 470,720
2010 61 369,071
2009 62 418,037
2008 58 527,483
2007 58 494,058
2006 59 560,992
2005 44 304,930
2004 23 36,486
2000 9
Source: MSHA quarterly employment and production, updated weekly.

Bevins Branch Surface 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
2023 Q2 4,000 0 0 0.0
2023 Q1 800 2 0 2500.0
2021 Q2 1,372 4 0 2915.5
2021 Q1 2,902 9 1 3101.3
2020 Q4 3,017 0 0 0.0
2020 Q3 7,162 0 0 0.0
2020 Q2 9,081 0 0 0.0
2020 Q1 10,807 1 0 92.5
Show 63 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2019 Q4 6,929 6 1 865.9
2019 Q3 29,967 1 1 33.4
2019 Q2 27,191 10 1 367.8
2019 Q1 25,739 0 0 0.0
2018 Q4 33,561 3 0 89.4
2018 Q3 22,563 0 0 0.0
2018 Q2 30,231 6 1 198.5
2018 Q1 30,377 1 0 32.9
2017 Q4 31,572 5 1 158.4
2017 Q3 29,543 20 5 677.0
2017 Q2 24,383 9 6 369.1
2017 Q1 26,379 8 1 303.3
2016 Q4 28,026 8 0 285.4
2016 Q3 29,303 6 3 204.8
2016 Q2 22,464 11 3 489.7
2016 Q1 22,953 0 0 0.0
2015 Q4 25,732 3 0 116.6
2015 Q3 29,321 0 0 0.0
2015 Q2 37,081 5 0 134.8
2015 Q1 34,264 3 0 87.6
2014 Q4 41,463 0 0 0.0
2014 Q3 37,761 0 0 0.0
2014 Q2 43,255 19 12 439.3
2014 Q1 36,594 0 0 0.0
2013 Q4 46,013 18 8 391.2
2013 Q3 36,889 0 0 0.0
2013 Q2 40,071 11 6 274.5
2013 Q1 42,272 0 0 0.0
2012 Q4 39,611 30 21 757.4
2012 Q3 34,369 17 7 494.6
2012 Q2 43,899 4 0 91.1
2012 Q1 43,437 17 4 391.4
2011 Q4 54,330 0 0 0.0
2011 Q3 50,555 5 2 98.9
2011 Q2 41,549 15 3 361.0
2011 Q1 37,228 11 3 295.5
2010 Q4 44,471 1 0 22.5
2010 Q3 44,874 11 4 245.1
2010 Q2 34,682 0 0 0.0
2010 Q1 38,624 15 5 388.4
2009 Q4 36,297 1 0 27.6
2009 Q3 40,941 17 6 415.2
2009 Q2 34,435 0 0 0.0
2009 Q1 41,599 12 7 288.5
2008 Q4 35,220 0 0 0.0
2008 Q3 40,178 0 0 0.0
2008 Q2 32,229 9 4 279.3
2008 Q1 38,883 3 1 77.2
2007 Q4 35,384 3 1 84.8
2007 Q3 39,167 7 2 178.7
2007 Q2 34,696 0 0 0.0
2007 Q1 42,323 6 2 141.8
2006 Q4 41,225 0 0 0.0
2006 Q3 45,225 1 1 22.1
2006 Q2 33,966 7 1 206.1
2006 Q1 36,088 0 0 0.0
2005 Q4 30,588 11 8 359.6
2005 Q3 32,520 5 2 153.8
2005 Q2 23,631 9 6 380.9
2005 Q1 22,955 1 1 43.6
2004 Q4 15,696 5 3 318.6
2000 Q2 4,862 0 0 0.0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

31 on file

2020 · 1 incident

April 8, 2020 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Virgie Clean Mining, LLC · Over-exertion (Not Elsewhere Classified)

Employee was stepping down from cab of dozer onto the track when employee felt pain in right knee

2019 · 1 incident

June 5, 2019 KY · Coal utility man, shift tech, service/dump truck operator HANDLING OF MATERIALS
Apex Energy Inc · Struck by... (Not Elsewhere Classified)

Employee was putting boom back in cradle when hook came loose striking EE and creating small laceration in right side of head

2018 · 2 incidents

May 14, 2018 KY · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Apex Energy Inc · Fall onto or against objects

Employee was putting antifreeze in rock truck. When getting down, feet got caught. To keep from falling, employee grabbed railing and pulled right shoulder.

January 26, 2018 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Apex Energy Inc · Struck against a moving object

Employee was backing up dozer, slipped off rock jolted the employee

2017 · 1 incident

March 1, 2017 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

EE was getting loaded with shot material in pot area when getting loaded the shot material fell into off side of truck shaking operator around in the cab of truck.

2016 · 2 incidents

November 8, 2016 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

The excavator operator told everyone ee was getting off excavator to take a restroom break. EE didn't listen and back into excavator boom with rock truck.

February 1, 2016 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Apex Energy Inc · Fall to the walkway or working surface

Employee tripped over steel cable in the office parking lot injuring EE's right back and hip.

2014 · 1 incident

September 2, 2014 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Apex Energy Inc · Over-exertion (Not Elsewhere Classified)

Employee was mounting Front End Loader when he felt pain in his right hip and knee. Employee didn't report this accident until 9/8/2014 and started losing time on this date..

2013 · 1 incident

November 11, 2013 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Apex Energy Inc · Struck by falling object

Employee was working on grader blade trying to put it back on. Blade kicked out from jack and hit his foot.

2012 · 3 incidents

December 17, 2012 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Apex Energy Inc · Caught in, under or between a moving and a stationary object

EMPLOYEE STATES: PRESSED TILT PIN IN LOADER, WAS REMOVING PULLER GROUP, GROUP WAS HANGING ON BOOM, STARTED NUT ON ROD TO KEEP ALL PLATES AND RAM FROM FALLING OFF. ROD SHIFTED CAUSING PLATES AND RAM TO SHIFT AND CAUGHT THUMB BETWEEN TOOLING, BOOM WAS STILL WAS NOT MOVED.

June 19, 2012 KY · Coal driller, highwall operator, highwall drill operator POWERED HAULAGE
Apex Energy Inc · Over-exertion (Not Elsewhere Classified)

Employee was getting in SUV to return to work area when the driver pulled away to quickly causing employee to loose footing causing pain in right knee. Employee started losing time on 10-23-12.

June 18, 2012 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

Employee was riding in SUV Man Bus when it hit a dip in road causing pain in back. Employee started losing time on 7/9/12

2011 · 1 incident

September 9, 2011 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
Apex Energy Inc · Fall to the walkway or working surface

Employee was loading wethole product when he tripped on a box and landed on his knee.

2010 · 5 incidents

July 19, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Apex Energy Inc · Over-exertion (Not Elsewhere Classified)

Employee was dismounting Caterpillar 785 haul truck & missed step on ladder. Employee grabbed handrail with right hand causing pain in right shoulder & down right side & back.

July 12, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

Employee stated he drove rock truck down hill and through a dip and felt pain & numbness in left arm.

June 4, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Apex Energy Inc · Struck by... (Not Elsewhere Classified)

EE was working on Bull Dozer's air conditioner. EE was cutting wire tie when his knife slipped and cut his thumb on his left hand.

May 8, 2010 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
Apex Energy Inc · Over-exertion (Not Elsewhere Classified)

EE stated he was carrying wet hole bags and felt pain in his lower back. (no lost time) injury only.

May 3, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Apex Energy Inc · Over-exertion (Not Elsewhere Classified)

Walking to water pump. The area was muddy, EE slipped and twisted right knee.

2009 · 3 incidents

June 25, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

Employee stated he was operating rock truck. He stated the rock truck bounced & his neck & left arm started tingling.

January 12, 2009 KY · Coal EXPLOSIVES AND BREAKING AGENTS
Apex Energy Inc · Accident type, without injuries

A blasting accident occurred when the 2500 Hitachi shovel contacted an undented primer in an area that had been shot. This accident resulted in no injury to anyone.

January 1, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Apex Energy Inc · Struck against stationary object

Had been climbing up and down the boom all day, installing a cylinder, he had bumped his left elbow several times over the course of the day. His left hand began hurting all the way to the elbow when he gripped an object.

2008 · 2 incidents

November 26, 2008 KY · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Apex Energy Inc · Fall to the walkway or working surface

Employee was climbing onto D10N dozer. His foot slipped on the track causing him to fall-back striking pusharm of dozer. He complained of tenderness and swelling in lower back area.

January 21, 2008 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Apex Energy Inc · Over-exertion in pulling or pushing objects

Driver pulled out of pit, started to tarp his load when tarp became stuck. Driver got out of truck, walked around passenger side & tried to push tarp back and his right wrist popped. After his wrist popped he walked around to driver side and climbed up side of truck bed to see if tarp was caught on something.

2007 · 3 incidents

December 31, 2007 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Apex Energy Inc · Struck by falling object

Working on dozer roller frame, the bottom part fell down hitting employee's wrist.

January 29, 2007 KY · Coal pumper POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

Employee was hauling over-burden to the dump in a 777C Cat rock truck, Equip. #301. When he started downhill to the dump area he noticed he had no brakes & went thru berm & over about 25' high dump. He went cab first into spoil bank. It threw him face first into windshield. He was not wearing seat belt.

2005 · 3 incidents

October 28, 2005 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

EMPLOYEE SAID THAT LOADER OPERATOR DROPPED ROCK TOO HARD IN TRUCK BED.

August 17, 2005 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Apex Energy Inc · Over-exertion in lifting objects

EE and other ee was removing a steering demand valve 250-300. and carring valve to bumper of tool truck when he felt sharp pain in his shoulder blade area

May 11, 2005 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Apex Energy Inc · Struck against stationary object

EMPLOYEE BACKED THE ROCK TRUCK OVER BERM, THE TRUCK CAME TO REST NEXT LEVEL IN HOLLOW FILL.

1999 · 1 incident

March 28, 1999 KY · Coal security guard, watchman OTHER
Coal Mac Inc · Contact with hot objects or substances

ATTEMPTED SUICIDE - POURED KEROSENE ON HIMSELF AND SET ABLAZE. BURNS TO 60% OF BODY. LOWER EXTREMITIES SEVERELY BURNED.

1998 · 1 incident

October 15, 1998 KY · Coal HANDLING OF MATERIALS
Coal Mac Inc · Struck by... (Not Elsewhere Classified)

EE WAS PREPARING TO USE THE BOOM ON HIS SERVICE TRUCK. HE HAS MANUAL OUTRIGGERS. HE WAS TRYING TO MOVE THE OUTRIGGER FOR BETTER STABILIZATION. THE OUTRIGGER WAS STUCK. HE PULLED HARDER. WHEN THE OUTRIGGER CAME OUT, IT HIS HIS RIGHT FOOYT \