Mining Incidents

Butcher Branch: 1 recorded fatality Coal

Linsco Energy, LLC · Underground
Controlled by Charles Collins
Beverly, Bell County, KY  ·  Abandoned
MSHA Mine ID: 1518924

Butcher Branch has $1.1M in proposed MSHA penalties and $486K outstanding across 35 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
16
Years on record
2006–2010
Latest incident
Oct 2010
Compliance record
MSHA citations since 2006
1,083
citations
498
significant & substantial
$1,093,027
proposed penalties
$214,240
paid to date
20% of proposed penalties paid to date, a $878,787 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
66
inspections on record
5,626
inspection hours
19.3
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.
1,083 citations across 5,626 inspection hours.
Source: MSHA inspections data, updated weekly.

Butcher Branch has $1.1M in proposed MSHA penalties and $486K outstanding across 35 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.
$1.1M
proposed penalties
$700K
current assessed
$214K
paid to date
$486K
outstanding
998 assessments are final orders; 35 contested dockets.
Of $720K in penalties contested before the Commission, $324K was upheld in final decisions.
As of the most recent assessment on 2012-02-08.
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.
49.9%
significant & substantial
5.3%
high negligence or reckless
49.9%
reasonably likely or greater
8.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.8% low, 87.9% moderate, 5.1% high, 0.2% 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.
335 citations taken to the federal commission · 31% of citations on record
  • Settled 172 · 51%
  • Stood as issued 163 · 49%
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 207 decided S&S contests · industry: 79%
55%
Penalty reduction in decided contests
$720K proposed, $324K 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 2011-03-29.
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 2009-989 Settlement McCarthy 2011 $280K → $85K
KENT 2008-1389 Settlement McCarthy 2011 $85K → $21K
KENT 2011-404 Settlement Tureck 2013 $66K → $46K
KENT 2008-759 Settlement Melick 2009 $61K → $40K
KENT 2009-19 Settlement McCarthy 2011 $43K → $13K
KENT 2010-1241 Settlement Tureck 2013 $33K → $15K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Butcher Branch shows 94% of 344 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: 2010-12-21, 15 years ago
94%
within 1.5 mg/m3
344
samples
3.51
dust max (mg/m3)
180 samples taken by MSHA inspectors, 164 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR127
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)24
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)23

Silica (quartz)

Last sampled: 2011-01-10, 15 years ago
10.0
silica avg (%)
27
samples
25.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR15

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: 2010-12-21, 15 years ago
17%
over PEL
60
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR13
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)12
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)11
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
2010 98% 58
2009 99% 68
2008 87% 87
2007 93% 69
2006 94% 62
Silica (quartz) by year
Year silica avg (%) samples
2010 7.8 2
2009 12.2 2
2008 13.6 9
2007 6.1 6
2006 8.8 8
Noise by year
Year over PEL samples
2010 15% 13
2009 24% 17
2008 13% 15
2007 0% 5
2006 20% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Butcher Branch recorded 7.31 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.
7.31
total case rate
3.66
days-away rate
0.000
fatality rate
Above 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 * 7.31 3.66 0.000
2008 5.31 1.77 1.771
2007 * 2.13 0.00 0.000
2006 4.63 1.54 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. Century Operations LLC 2005 to 2009
  2. Jadco Enterprises, Inc. 2009 to 2009
  3. Red Bird Coal Co. 2009 to 2010
  4. M3 Energy Resources, LLC 2010 to 2012
  5. Linsco Energy, LLC 2012 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)
2013 0
2012 1
2011 4 4,478
2010 30 53,835
2009 31 103,705
2008 49 222,708
2007 38 227,232
2006 56 237,512
2005 0
Source: MSHA quarterly employment and production, updated weekly.

Butcher Branch sits in Bell County, Kentucky, where the Census mining category is 3.6% 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.
Bell County, Kentucky · Population 23,878
3.6%
Mining share of county employment
$32,403
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
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 130 0 0 0.0
2012 Q1 200 2 0 10000.0
2011 Q4 0 0 0
Show 24 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q3 720 18 3 25000.0
2011 Q2 1,640 10 5 6097.6
2011 Q1 5,591 24 10 4292.6
2010 Q4 3,107 95 72 30576.1
2010 Q3 1,721 81 41 47065.7
2010 Q2 1,772 84 31 47404.1
2010 Q1 7,389 21 8 2842.1
2009 Q4 11,403 23 9 2017.0
2009 Q3 8,842 36 16 4071.5
2009 Q2 2,684 30 2 11177.3
2009 Q1 31,762 84 31 2644.7
2008 Q4 29,038 48 19 1653.0
2008 Q3 28,764 100 31 3476.6
2008 Q2 26,656 54 23 2025.8
2008 Q1 28,458 31 11 1089.3
2007 Q4 21,697 45 20 2074.0
2007 Q3 22,328 8 3 358.3
2007 Q2 16,207 19 6 1172.3
2007 Q1 33,750 29 16 859.3
2006 Q4 2,883 2 2 693.7
2006 Q3 41,472 95 53 2290.7
2006 Q2 52,515 43 27 818.8
2006 Q1 32,656 68 32 2082.3
2005 Q4 0 0 0

Fatalities at this mine

1 recorded
July 17, 2008 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator Fatality · POWERED HAULAGE
Century Operations LLC · Caught in, under or between a moving and a stationary object

Unknown, most likely human error. Employee passed away on 7/25/08.

Reportable incidents

15 on file (excluding fatalities above)

2010 · 4 incidents

October 13, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FALL OF ROOF OR BACK
M3 Energy Resources, LLC · Struck by falling object

Piece of draw rock fell scraping EE on the face causing a laceration to his lip and also scraping both of his legs causing a laceration to his left leg above the knee. This injury required stitches to his lip and leg.

October 12, 2010 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
M3 Energy Resources, LLC · Struck against stationary object

Employee was taking a strap off a bundle of roof plates when he hit the top of his left hand against another bundle. This injury required stitches.

September 29, 2010 KY · Coal FALL OF ROOF OR BACK
M3 Energy Resources, LLC · Accident type, without injuries

Rock fall was found on the date and time stated ni item 6. The fall was at Break 10 in the neutral of #3 belt. No equipment was involved. The fall was 80' Long, 18' Wide and 3 to 7 feet thick.

September 20, 2010 KY · Coal FALL OF ROOF OR BACK
M3 Energy Resources, LLC · Accident type, without injuries

A rock fall was found at the time and date stated above 13 Breaks inby the Portal between the #2 and 3 Entry (crosscut) during the weekly examination of this area. The size of the fall was 20' Long, 18' Wide, 2-3' Thick.

2009 · 3 incidents

April 16, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Century Operations LLC · Struck by falling object

Employee was trying to unstop a suction hose when draw rock fell on his upper right shoulder

April 13, 2009 KY · Coal FALL OF ROOF OR BACK
Century Operations LLC · Accident type, without injuries

An unintentional roof fall occurred in the KY Ridge Mains in the #6 entry between Xcut 26 and 27. The fall is approximately 40' long, 20 ' wide and 7-8' height. The fall does not effect the passage of miners or the ventilation system for this area. This area is part of an inactive area of the mine on the intake side and is examined weekly.

January 20, 2009 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Century Operations LLC · Struck by... (Not Elsewhere Classified)

While prying rock out of tailpiece with a slate bar the bar slipped and the miner cut his left hand.

2008 · 2 incidents

June 19, 2008 KY · Coal utility man, errand boy, service truck operator HANDTOOLS (NONPOWERED)
Century Operations LLC · Struck by... (Not Elsewhere Classified)

Making belt setup, squaring u belt to put splice on, knife slipped and cut hand.

2007 · 2 incidents

2006 · 4 incidents

October 2, 2006 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDTOOLS (NONPOWERED)
Century Operations LLC · Struck against stationary object

Employee was setting headdrive when the chain ratchet slipped and threw him into the drive roller.

August 17, 2006 KY · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Century Operations LLC · Struck by falling object

Valve stem hung up on tire. Tried to pry it off with a slate bar and it came off all at once and the slate bar with all the tire weight fell across the foot.

February 24, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Century Operations LLC · Struck by powered moving object

EE was struck on the left foot by the back end of the bolt machine.