Mining Incidents

Brookside Loadout: 352 MSHA citations Coal

Controlled by Thomas R Hamilton
Ages, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1517880

Brookside Loadout has $51K in proposed MSHA penalties and $4K outstanding across 11 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
1997–2007
Latest incident
Feb 2007
Compliance record
MSHA citations since 2000
352
citations
130
significant & substantial
$50,889
proposed penalties
$44,128
paid to date
87% of proposed penalties paid to date, a $6,761 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
80
inspections on record
1,723
inspection hours
20.4
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.
352 citations across 1,723 inspection hours.
Source: MSHA inspections data, updated weekly.

Brookside Loadout has $51K in proposed MSHA penalties and $4K outstanding across 11 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.
$51K
proposed penalties
$49K
current assessed
$44K
paid to date
$4K
outstanding
345 assessments are final orders; 11 contested dockets.
Of $16K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2011-11-04.
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.
37.5%
significant & substantial
0.6%
high negligence or reckless
38.0%
reasonably likely or greater
6.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.6% low, 94.8% 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.
18 citations taken to the federal commission · 5% of citations on record
  • Settled 7 · 39%
  • Stood as issued 11 · 61%
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 1 decided S&S contests · industry: 79%
15%
Penalty reduction in decided contests
$8K proposed, $7K 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 2010-08-30.
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 2008-710 Settlement Feldman 2008 $6K → $4K
KENT20030230 Settlement Bulluck 2003 $3K → $2K
KENT20030266 Default Lesnick 2003 $1K → $1K
KENT20020086 Settlement Schroeder 2002 $1K → $970
KENT20030148 Settlement Bulluck 2003 $1K → $863
KENT 2008-711 Dismissal Lesnick 2010 $972 → $972
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Brookside Loadout shows 98% of 126 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: 2011-11-04, 14 years ago
98%
within 1.5 mg/m3
126
samples
1.95
dust max (mg/m3)
119 samples taken by MSHA inspectors, 7 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER33
  • BULLDOZER OPERATOR26
  • TIPPLE OPERATOR22

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: 2011-11-04, 14 years ago
4%
over PEL
85
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER25
  • TIPPLE OPERATOR16
  • BULLDOZER OPERATOR13
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
2011 100% 8
2010 88% 8
2009 100% 10
2008 100% 11
2007 93% 15
2006 100% 10
2005 100% 6
2004 100% 5
2003 100% 15
2002 100% 14
2001 100% 10
2000 100% 14
Noise by year
Year over PEL samples
2011 0% 8
2010 0% 8
2009 0% 10
2007 0% 9
2006 25% 4
2005 0% 6
2004 0% 5
2003 0% 15
2002 0% 5
2001 0% 5
2000 20% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Brookside Loadout recorded 0.00 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Kentucky, coal mining averaged 5.04 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
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 0.00 0.00 0.000
2005 * 7.43 0.00 0.000
2004 * 0.00 0.00 0.000
2001 * 8.01 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 1996 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2017 0
2016 0
2015 0
2014 0
2013 0
2012 3
2011 5
2010 6
2009 14
2008 12
2007 12
2006 14
2005 9
2004 8
2003 6
2002 4
2001 7
2000 7
Source: MSHA quarterly employment and production, updated weekly.

Brookside Loadout 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
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
Show 58 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 21 0 0 0.0
2013 Q4 0 0 0
2012 Q1 291 0 0 0.0
2011 Q4 1,491 1 0 670.7
2011 Q3 2,815 0 0 0.0
2011 Q2 3,487 3 1 860.3
2011 Q1 3,590 5 0 1392.8
2010 Q4 3,137 0 0 0.0
2010 Q3 3,616 5 0 1382.7
2010 Q2 4,543 0 0 0.0
2010 Q1 4,221 6 0 1421.5
2009 Q4 4,689 0 0 0.0
2009 Q3 8,561 2 0 233.6
2009 Q2 10,263 0 0 0.0
2009 Q1 10,587 5 0 472.3
2008 Q4 9,027 0 0 0.0
2008 Q3 9,406 0 0 0.0
2008 Q2 7,506 2 0 266.5
2008 Q1 6,935 0 0 0.0
2007 Q4 7,547 6 1 795.0
2007 Q3 7,103 4 0 563.1
2007 Q2 6,508 0 0 0.0
2007 Q1 8,683 10 0 1151.7
2006 Q4 9,790 0 0 0.0
2006 Q3 9,850 29 13 2944.2
2006 Q2 9,503 0 0 0.0
2006 Q1 8,079 52 38 6436.4
2005 Q4 7,612 0 0 0.0
2005 Q3 6,689 7 0 1046.5
2005 Q2 6,435 0 0 0.0
2005 Q1 6,194 7 0 1130.1
2004 Q4 6,102 0 0 0.0
2004 Q3 5,805 10 1 1722.7
2004 Q2 6,058 0 0 0.0
2004 Q1 4,806 14 4 2913.0
2003 Q4 4,148 0 0 0.0
2003 Q3 3,922 0 0 0.0
2003 Q2 4,379 19 5 4338.9
2003 Q1 4,252 16 9 3762.9
2002 Q4 3,132 5 3 1596.4
2002 Q3 3,384 10 3 2955.1
2002 Q2 2,820 0 0 0.0
2002 Q1 3,061 14 4 4573.7
2001 Q4 2,967 0 0 0.0
2001 Q3 2,907 14 10 4816.0
2001 Q2 3,221 2 0 620.9
2001 Q1 15,865 2 1 126.1
2000 Q4 5,549 7 3 1261.5
2000 Q3 4,939 5 5 1012.4
2000 Q2 3,956 4 2 1011.1
2000 Q1 5,158 7 2 1357.1
No fatalities recorded at this mine.

Reportable incidents

8 on file

2007 · 1 incident

February 19, 2007 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer OTHER
Nally & Hamilton Enterprises Inc · (Not Elsewhere Classified)

At 08:40 am this morning, Employee was found slumped over in a dozer by another employee. He was pronounced dead by the emergency room Doctor from a massive heart attack at the Harlan A R Hospital.

2005 · 1 incident

July 11, 2005 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Struck by... (Not Elsewhere Classified)

Employee was helping beat a bushing off a gear when a piece of metal broke off, striking the employee in the left forearm on the ulna side.

2003 · 1 incident

2001 · 1 incident

February 15, 2001 KY · Coal scalper-screen operator HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Over-exertion (Not Elsewhere Classified)

EE NOTIFIED EMPLOYER ON 3/1 OF AN ALLEGED BACK INJURY ON 2/15/01. EE ALLEGES HE HURT HIS BACK WHILE SHOVELING WET COAL FROM UNDER A BELTLINE. AS OF THIS DATE THERE HAS BEEN NO TREATMENT FOR BACK INJURY.

2000 · 1 incident

April 3, 2000 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Over-exertion in lifting objects

EMPLOYEE WASMOVING A PIECE OF 8 INCH BY 10 INCH PIECE OF CHANNEL, WHEN HE TWISTED TO LAY IT DOWN, HE FELT A PAIN IN LOWER BACK.

1998 · 1 incident

February 10, 1998 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Over-exertion (Not Elsewhere Classified)

EE WAS GETTING ON TOP OF A CRUSHER TO CLEAN OUT CHUTE. HIS FOOT SLIPPED, HE STARTED TO FALL, CAUGHT HIMSELF TO KEEP FROM FALLING AND TWISTED HIS BACK.

1997 · 2 incidents

August 27, 1997 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Fall down stairs

THE EMPLOYEE WAS WALKING DOWN STEPS WHEN HE STEPPED ON SIDE RAIL AND LOST HIS FOOTING. WHEN EMPLOYEE FELL HIS LEG WENT THROUGHT HE RAIL STRIKIGN A PIECE OF ANGLE BRACE CUTTING EMPLOYEE'S LEG.