Mining Incidents

Buckeye Surface: 25 MSHA citations Coal

David, Floyd County, KY  ·  Abandoned
MSHA Mine ID: 1519119

Buckeye Surface has $6K in proposed MSHA penalties and $4K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2008
Latest incident
Jun 2008
Compliance record
MSHA citations since 2007
25
citations
12
significant & substantial
$5,885
proposed penalties
$1,323
paid to date
22% of proposed penalties paid to date, a $4,562 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
9
inspections on record
234
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: 234 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Buckeye Surface has $6K in proposed MSHA penalties and $4K outstanding across 2 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.
$6K
proposed penalties
$5K
current assessed
$1K
paid to date
$4K
outstanding
25 assessments are final orders; 2 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2008-07-31.
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.
48.0%
significant & substantial
0.0%
high negligence or reckless
48.0%
reasonably likely or greater
8.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.0% low, 80.0% moderate, 0.0% 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.
11 citations taken to the federal commission · 44% of citations on record
  • Settled 4 · 36%
  • Stood as issued 7 · 64%
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 5 decided S&S contests · industry: 79%
21%
Penalty reduction in decided contests
$4K proposed, $3K 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 2008-05-20.
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 2008-1062 Settlement Feldman 2009 $3K → $2K
KENT 2008-1063 Default Lesnick 2011 $776 → $776
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Buckeye Surface shows 100% of 19 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: 2008-08-05, 18 years ago
100%
within 1.5 mg/m3
19
samples
0.33
dust max (mg/m3)
19 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR4
  • HIGHWALL DRILL OPERATOR4
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE4

Silica (quartz)

Last sampled: 2008-08-13, 18 years ago
20.7
silica avg (%)
1
samples
20.7
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL 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: 2008-07-31, 18 years ago
0%
over PEL
11
samples
Most-sampled occupations
  • BULLDOZER OPERATOR3
  • HIGHLIFT OPERATOR/FRONT END LOADER2
  • HIGHWALL DRILL OPERATOR2
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
2008 100% 12
2007 100% 7
Noise by year
Year over PEL samples
2008 0% 6
2007 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Miller Bros Coal LLC 2007 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)
2008 33 205,160
2007 25 132,490
Source: MSHA quarterly employment and production, updated weekly.

Buckeye Surface sits in Floyd County, Kentucky, where the Census mining category is 4.4% 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.
Floyd County, Kentucky · Population 35,342
4.4%
Mining share of county employment
$41,582
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
2008 Q3 10,626 2 1 188.2
2008 Q2 20,193 0 0 0.0
2008 Q1 20,791 11 5 529.1
2007 Q4 24,734 0 0 0.0
2007 Q3 15,703 0 0 0.0
2007 Q2 1,699 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2008 · 1 incident

June 2, 2008 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
Miller Bros Coal LLC · Over-exertion in lifting objects

Bending over and putting primer boxes in cap house and twisted lower back.