Mining Incidents

Big Branch: 223 MSHA citations Coal

Controlled by Thomas R Hamilton
Stoney Fork, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1518247

Big Branch has $47K in proposed MSHA penalties and $727 outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
14
Years on record
2000–2016
Latest incident
Jun 2016
Compliance record
MSHA citations since 2000
223
citations
74
significant & substantial
$47,255
proposed penalties
$40,615
paid to date
86% of proposed penalties paid to date, a $6,640 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
87
inspections on record
1,936
inspection hours
11.5
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.
223 citations across 1,936 inspection hours.
Source: MSHA inspections data, updated weekly.

Big Branch has $47K in proposed MSHA penalties and $727 outstanding across 8 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.
$47K
proposed penalties
$41K
current assessed
$41K
paid to date
$727
outstanding
212 assessments are final orders; 8 contested dockets.
Of $25K in penalties contested before the Commission, $19K was upheld in final decisions.
As of the most recent assessment on 2016-05-19.
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.
33.5%
significant & substantial
1.8%
high negligence or reckless
34.4%
reasonably likely or greater
14.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 18.0% low, 80.2% moderate, 1.8% 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.
3 citations taken to the federal commission · 1% of citations on record
  • Settled 3 · 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 3 decided S&S contests · industry: 79%
38%
Penalty reduction in decided contests
$2K proposed, $1K 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 2005-11-18.
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
KENT20020087 Settlement Schroeder 2002 $8K → $7K
KENT20020333 Settlement Bulluck 2003 $7K → $5K
KENT20020068 Settlement Schroeder 2002 $2K → $2K
KENT 2006-80 Settlement Melick 2006 $2K → $1K
KENT20030231 Settlement Bulluck 2003 $2K → $1K
KENT20020126 Settlement Schroeder 2002 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Big Branch shows 98% of 230 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: 2016-06-07, 10 years ago
98%
within 1.5 mg/m3
230
samples
2.51
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.
132 samples taken by MSHA inspectors, 98 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR92
  • BULLDOZER OPERATOR81
  • HIGHLIFT OPERATOR/FRONT END LOADER28

Silica (quartz)

Last sampled: 2016-06-08, 10 years ago
17.7
silica avg (%)
16
samples
33.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR8
  • HIGHWALL DRILL OPERATOR8

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: 2016-05-27, 10 years ago
1%
over PEL
83
samples
Most-sampled occupations
  • BULLDOZER OPERATOR22
  • HIGHWALL DRILL OPERATOR18
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE18
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
2016 100% 26
2015 100% 26
2014 100% 15
2013 100% 10
2006 100% 5
2005 100% 12
2004 100% 14
2003 94% 17
2002 100% 39
2001 93% 45
2000 95% 21
Silica (quartz) by year
Year silica avg (%) samples
2016 10.7 4
2005 10.1 1
2004 30.8 1
2003 23.5 1
2002 10.6 1
2001 16.7 6
2000 32.8 2
Noise by year
Year over PEL samples
2016 0% 15
2015 0% 10
2014 0% 10
2013 0% 10
2005 0% 5
2004 0% 5
2003 0% 9
2002 0% 5
2001 10% 10
2000 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Big Branch recorded 0.00 reportable injury cases per 100 full-time workers in 2015.

Injury rate, 2015
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 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
In Kentucky, coal mining averaged 4.56 cases per 100 workers that year.
Year total case rate days-away fatal
2015 0.00 0.00 0.000
2014 1.84 1.84 0.000
2013 1.77 1.77 0.000
2006 * 2.48 2.48 0.000
2005 0.97 0.00 0.000
2004 0.00 0.00 0.000
2003 0.00 0.00 0.000
2002 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 2000 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)
2016 41 317,274
2015 38 503,950
2014 38 417,809
2013 38 425,270
2012 27 61,469
2007 0
2006 35 208,473
2005 80 495,393
2004 77 491,977
2003 59 307,113
2002 60 390,843
2001 56 539,553
2000 33 309,600
Source: MSHA quarterly employment and production, updated weekly.

Big Branch sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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
2016 Q3 26,415 0 0 0.0
2016 Q2 32,874 2 0 60.8
2016 Q1 30,000 2 0 66.7
2015 Q4 28,041 0 0 0.0
2015 Q3 31,181 0 0 0.0
2015 Q2 29,370 5 0 170.2
2015 Q1 27,492 1 0 36.4
2014 Q4 26,567 0 0 0.0
Show 39 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q3 27,305 0 0 0.0
2014 Q2 29,066 3 1 103.2
2014 Q1 25,481 1 0 39.2
2013 Q4 30,437 2 0 65.7
2013 Q3 28,167 1 0 35.5
2013 Q2 29,776 1 0 33.6
2013 Q1 24,511 5 1 204.0
2012 Q4 17,919 0 0 0.0
2007 Q4 0 0 0
2007 Q3 0 0 0
2007 Q2 0 0 0
2007 Q1 0 0 0
2006 Q4 0 0 0
2006 Q3 0 0 0
2006 Q2 36,653 0 0 0.0
2006 Q1 43,906 6 0 136.7
2005 Q4 50,788 0 0 0.0
2005 Q3 52,769 7 3 132.7
2005 Q2 52,541 0 0 0.0
2005 Q1 49,942 4 0 80.1
2004 Q4 49,843 2 0 40.1
2004 Q3 48,672 2 0 41.1
2004 Q2 47,725 5 2 104.8
2004 Q1 45,693 14 5 306.4
2003 Q4 22,763 0 0 0.0
2003 Q3 36,579 2 1 54.7
2003 Q2 37,495 16 3 426.7
2003 Q1 37,542 0 0 0.0
2002 Q4 34,097 12 7 351.9
2002 Q3 30,696 0 0 0.0
2002 Q2 30,969 3 0 96.9
2002 Q1 40,037 7 0 174.8
2001 Q4 37,559 0 0 0.0
2001 Q3 39,757 20 8 503.1
2001 Q2 41,859 3 1 71.7
2001 Q1 29,617 0 0 0.0
2000 Q4 35,636 0 0 0.0
2000 Q3 23,609 20 13 847.1
2000 Q2 11,725 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

14 on file

2016 · 3 incidents

June 21, 2016 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Over-exertion (Not Elsewhere Classified)

Employee was dismounting dozer when EE stepped off track onto push arm, slipped and sprained left ankle.

May 25, 2016 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Over-exertion (Not Elsewhere Classified)

Employee was helping foreman set a pump near a pond when EE twisted their right ankle, went to Mary Breckingridge Hospital ER and they said it was a sprained ankle.

2014 · 1 incident

2013 · 1 incident

July 9, 2013 KY · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Over-exertion (Not Elsewhere Classified)

Employee was changing oil on a 993 loader, he was down on left knee, when he raised up his knee popped.

2012 · 4 incidents

November 19, 2012 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer OTHER
Nally & Hamilton Enterprises Inc · Struck by flying object

Employee was helping change air filter in loader when the wind blew dust in his left eye.

November 9, 2012 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman STEPPING OR KNEELING ON OBJECT
Nally & Hamilton Enterprises Inc · Struck against stationary object

Employee stepped between rocks in spillway when he twisted his right knee area. Employee is just now having surgery on knee (9/30/2014) expected to be off work 4 to 6 weeks.

November 5, 2012 KY · Coal outside foreman, leadman HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Caught in, under or between a moving and a stationary object

Employee was getting out of pickup truck when he shut his hand up in the door injuring his right thumb.

October 27, 2012 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver OTHER
Nally & Hamilton Enterprises Inc · Unclassified, insufficient data

Employee told Foreman that he hurt his back, When asked by the Foreman, did he hurt it at work, the employee stated that he did not hurt it at work and he had turned it in on his health insurance. We later received a letter from a lawyer stating that the employee hurt his back at work.

2006 · 1 incident

March 25, 2006 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Caught in, under or between a moving and a stationary object

Employee was operating a dozer when he got a limb caught between the blade and the nose piece. The operator was trying to remove the limb when the limb slipped catching his hand between the limb and a guard on the back of the blade. The guard made a laceration on the employees hand.

2005 · 1 incident

April 15, 2005 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Nally & Hamilton Enterprises Inc · Struck against a moving object

Employee was tramming dozer towards parking lot when he was blinded by the sun. The dozer dropped over a hump, hitting the blade and causing the dozer to stop abruptly. EE hit his head on cab of dozer (11 stitches to forehead.)

2001 · 2 incidents

May 11, 2001 KY · Coal mine manager, mine foreman, mine owner POWERED HAULAGE
Nally & Hamilton Enterprises Inc · Struck against a moving object

EE WAS DRIVING HIS PICKUP TOWARDS THE FUEL TANKS WHEN HE LOST CONTROL IN A CURVE WITH LOOSE GRAVELS. THE TRUCK SKIDDED INTO A DITCH INJURING THE EE'S LITTLE FINGER.

2000 · 1 incident

October 5, 2000 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Nally & Hamilton Enterprises Inc · Struck against a moving object

EE WAS DRIVING THE MECHANICS TRUCK FROM PETERS KNOB TO ST CREEK WHEN HE HIT A BUMP AND FELT A SHARP PAIN IN HIS LOWER BACK.