Mining Incidents

Burns Mine: 64 MSHA citations Coal

Ligonier Construction Co. · Surface
Controlled by David S Herrholtz
Blough, PA, Somerset County, PA  ·  Abandoned
MSHA Mine ID: 3609131

Burns Mine has $11K in proposed MSHA penalties and $1 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2005–2018
Latest incident
Feb 2018
Compliance record
MSHA citations since 2008
64
citations
23
significant & substantial
$10,927
proposed penalties
$10,643
paid to date
97% of proposed penalties paid to date, a $284 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
61
inspections on record
1,811
inspection hours
3.5
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.
64 citations across 1,811 inspection hours.
Source: MSHA inspections data, updated weekly.

Burns Mine has $11K in proposed MSHA penalties and $1 outstanding across 3 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.
$11K
proposed penalties
$11K
current assessed
$11K
paid to date
$1
outstanding
64 assessments are final orders; 3 contested dockets.
Of $1K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2023-03-20.
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.
35.9%
significant & substantial
6.2%
high negligence or reckless
35.9%
reasonably likely or greater
29.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 40.6% low, 53.1% moderate, 6.2% 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 · 5% of citations on record
  • Settled 2 · 67%
  • Stood as issued 1 · 33%
50%
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 2 decided S&S contests · industry: 79%
22%
Penalty reduction in decided contests
$1K 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 2023-05-25.
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
PENN 2013-116 Settlement Lesnick 2013 $946 → $663
PENN 2009-712 Settlement Lesnick 2011 $207 → $207
PENN 2023-0077 Default Voisin 2023 $143 → $143
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Burns Mine shows 100% of 251 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: 2023-03-16, 3 years ago
100%
within 1.5 mg/m3
251
samples
1.43
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.
204 samples taken by MSHA inspectors, 47 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR110
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE39
  • HIGHLIFT OPERATOR/FRONT END LOADER37

Silica (quartz)

Last sampled: 2017-07-18, 9 years ago
17.3
silica avg (%)
13
samples
53.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR9
  • HIGHWALL DRILL OPERATOR2
  • HIGHWALL DRILL HELPER1

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: 2022-09-22, 3 years ago
0%
over PEL
110
samples
Most-sampled occupations
  • BULLDOZER OPERATOR42
  • HIGHLIFT OPERATOR/FRONT END LOADER21
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE20
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
2023 100% 3
2022 100% 3
2018 100% 12
2017 100% 16
2016 100% 8
2015 100% 4
2014 100% 11
2013 100% 20
2012 100% 22
2011 100% 24
2010 100% 19
2009 100% 14
2008 100% 31
2007 100% 6
2006 100% 12
2005 100% 20
2004 100% 12
2003 100% 14
Silica (quartz) by year
Year silica avg (%) samples
2017 6.4 1
2013 10.9 2
2009 24.4 1
2008 20.6 3
2006 15.7 1
2005 9.5 3
2004 13.0 1
2003 53.3 1
Noise by year
Year over PEL samples
2022 0% 2
2018 0% 5
2017 0% 3
2016 0% 3
2015 0% 2
2014 0% 8
2013 0% 9
2012 0% 8
2011 0% 10
2010 0% 10
2008 0% 16
2006 0% 11
2005 0% 7
2004 0% 6
2003 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Burns Mine recorded 0.00 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.
0.00
total case rate
0.00
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 Pennsylvania, coal mining averaged 4.76 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 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 4.02 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 4.37 4.37 0.000
2006 * 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. Sherpa Mining Contractors, Inc. 2003 to 2022
  2. Ligonier Construction Co. 2022 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)
2019 0
2018 5 19,211
2017 7 34,752
2016 4 21,614
2015 4 14,193
2014 9 52,035
2013 17 106,155
2012 22 101,533
2011 25 140,069
2010 22 122,832
2009 21 98,319
2008 29 129,018
2007 18 142,539
2006 15 156,884
2005 18 168,932
2004 25 228,239
2003 14 150,064
Source: MSHA quarterly employment and production, updated weekly.

Burns Mine sits in Somerset County, Pennsylvania, where the Census mining category is 1.6% 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.
Somerset County, Pennsylvania · Population 73,255
1.6%
Mining share of county employment
$59,378
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
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 874 5 3 5720.8
2018 Q2 2,877 0 0 0.0
2018 Q1 4,976 0 0 0.0
2017 Q4 4,154 0 0 0.0
2017 Q3 3,653 1 1 273.7
2017 Q2 2,705 3 0 1109.1
Show 57 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q1 2,825 2 0 708.0
2016 Q4 1,770 0 0 0.0
2016 Q3 1,954 1 0 511.8
2016 Q2 841 0 0 0.0
2016 Q1 0 0 0
2015 Q4 1,639 0 0 0.0
2015 Q3 2,080 2 0 961.5
2015 Q2 2,071 0 0 0.0
2015 Q1 2,256 2 1 886.5
2014 Q4 1,641 0 0 0.0
2014 Q3 2,353 0 0 0.0
2014 Q2 6,494 0 0 0.0
2014 Q1 9,053 0 0 0.0
2013 Q4 10,099 0 0 0.0
2013 Q3 10,157 6 2 590.7
2013 Q2 10,232 0 0 0.0
2013 Q1 7,898 3 2 379.8
2012 Q4 10,107 0 0 0.0
2012 Q3 14,749 4 2 271.2
2012 Q2 13,728 0 0 0.0
2012 Q1 12,424 4 2 322.0
2011 Q4 16,248 0 0 0.0
2011 Q3 16,564 10 3 603.7
2011 Q2 16,195 0 0 0.0
2011 Q1 14,406 5 0 347.1
2010 Q4 13,481 0 0 0.0
2010 Q3 12,519 4 2 319.5
2010 Q2 9,705 0 0 0.0
2010 Q1 12,568 0 0 0.0
2009 Q4 9,799 0 0 0.0
2009 Q3 12,768 0 0 0.0
2009 Q2 14,183 1 1 70.5
2009 Q1 12,951 0 0 0.0
2008 Q4 16,146 0 0 0.0
2008 Q3 17,266 0 0 0.0
2008 Q2 27,069 1 1 36.9
2008 Q1 17,656 0 0 0.0
2007 Q4 12,703 0 0 0.0
2007 Q3 10,773 0 0 0.0
2007 Q2 11,067 0 0 0.0
2007 Q1 11,202 0 0 0.0
2006 Q4 9,720 0 0 0.0
2006 Q3 7,138 0 0 0.0
2006 Q2 9,908 0 0 0.0
2006 Q1 11,573 0 0 0.0
2005 Q4 11,833 0 0 0.0
2005 Q3 11,635 0 0 0.0
2005 Q2 12,668 0 0 0.0
2005 Q1 9,878 0 0 0.0
2004 Q4 16,434 0 0 0.0
2004 Q3 14,345 0 0 0.0
2004 Q2 17,633 0 0 0.0
2004 Q1 12,178 0 0 0.0
2003 Q4 10,228 0 0 0.0
2003 Q3 8,505 0 0 0.0
2003 Q2 8,390 0 0 0.0
2003 Q1 4,112 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2018 · 1 incident

February 14, 2018 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Sherpa Mining Contractors, Inc. · Fall onto or against objects

Employee was doing maintenance work on Cat D11R dozer. EE slipped & fell on the cleated foot step causing a gash to left shin. Medical attention resulted in 5 stitches to close the wound.

2017 · 1 incident

October 11, 2017 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Sherpa Mining Contractors, Inc. · Struck against stationary object

Employee was replacing a damaged hydraulic hose on a Komatsu WA380 end loader. A protruding wire on the hose punctured the index finger of right hand. The next day hand was swollen & painful. EE then reported the injury to the superintendent & sought medical attention.

2010 · 1 incident

April 5, 2010 PA · Coal drill operator IGNITION OR EXPLOSION OF GAS OR DUST
Sherpa Mining Contractors, Inc. · Contact with hot objects or substances

Drill was shut off for re-fueling. While fueling drill, fuel sprayed back out of tank, soaked driver and flashed/ignited. Driller was transported by private vehicle to hospital and was treated for burns.

2009 · 1 incident

2008 · 2 incidents

February 1, 2008 PA · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver OTHER
Sherpa Mining Contractors, Inc. · (Not Elsewhere Classified)

Employee was driving rock truck. He did not feel well. His wife spoke to him at 4 PM & he was fine. He told her he was working until 6 PM. He went to the company rental house for the night. He returned to work on 2-2-08 and worked approximately 3 hours. He left to go home. He drove for about 4 hours & called home. His son-in-law transported him to hospital.

January 15, 2008 PA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Sherpa Mining Contractors, Inc. · Over-exertion (Not Elsewhere Classified)

Changing oil in drill rig, employee walked around front of drill, slipped on ice and twisted ankle. Employee heard ankle snap and was/is unable to put weight on it.

2007 · 1 incident

December 27, 2007 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Sherpa Mining Contractors, Inc. · Over-exertion in lifting objects

Employee was lifting 5 gallon buckets of anti freeze up onto the dozer. Employee notified employer on 1/2/08. Employee worked up until 1/9/08. He had surgery on 1/9/08.

2005 · 1 incident

August 24, 2005 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Sherpa Mining Contractors, Inc. · Fall from machine

Employee had one foot on dozer arm and the other foot on tilt cylinder. Employee's foot slipped off tilt cylinder. This caused him to fall backwards off dozer onto his back end.