Mining Incidents

C-5: 481 MSHA citations Coal

Rex Coal Company Inc. · Underground
Controlled by Joseph T Bennett
Cloversplint, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519114

C-5 has $257K in proposed MSHA penalties and $69K outstanding across 55 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
11
Years on record
2008–2012
Latest incident
Feb 2012
Compliance record
MSHA citations since 2007
481
citations
116
significant & substantial
$256,654
proposed penalties
$141,537
paid to date
55% of proposed penalties paid to date, a $115,117 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
55
inspections on record
4,110
inspection hours
11.7
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.
481 citations across 4,110 inspection hours.
Source: MSHA inspections data, updated weekly.

C-5 has $257K in proposed MSHA penalties and $69K outstanding across 55 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.
$257K
proposed penalties
$210K
current assessed
$142K
paid to date
$69K
outstanding
471 assessments are final orders; 55 contested dockets.
Of $225K in penalties contested before the Commission, $177K was upheld in final decisions.
As of the most recent assessment on 2014-05-13.
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.
24.6%
significant & substantial
1.1%
high negligence or reckless
24.8%
reasonably likely or greater
12.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.9% low, 93.0% moderate, 1.1% 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.
227 citations taken to the federal commission · 47% of citations on record
  • Settled 211 · 93%
  • Stood as issued 16 · 7%
93%
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 118 decided S&S contests · industry: 79%
21%
Penalty reduction in decided contests
$225K proposed, $177K 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 2014-02-19.
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 2010-1087 Prevail Andrews 2013 $45K → $45K
KENT 2010-956 Prevail Andrews 2013 $18K → $18K
KENT 2010-990 Prevail Andrews 2013 $18K → $18K
KENT 2010-857 Settlement Pope II 2011 $15K → $4K
KENT 2010-1306 Settlement Andrews 2013 $12K → $8K
KENT 2011-940 Settlement Tureck 2011 $10K → $5K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at C-5 shows 98% of 430 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: 2012-03-09, 14 years ago
98%
within 1.5 mg/m3
430
samples
3.26
dust max (mg/m3)
222 samples taken by MSHA inspectors, 208 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR205
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)29
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)28

Silica (quartz)

Last sampled: 2012-02-02, 14 years ago
7.6
silica avg (%)
16
samples
12.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR13

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: 2012-02-24, 14 years ago
13%
over PEL
63
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR12
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)12
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)9
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
2012 100% 19
2011 100% 79
2010 100% 64
2009 99% 132
2008 94% 111
2007 100% 25
Silica (quartz) by year
Year silica avg (%) samples
2012 6.8 1
2010 3.5 1
2009 9.1 4
2008 7.6 9
2007 7.4 1
Noise by year
Year over PEL samples
2012 0% 6
2011 0% 18
2010 0% 9
2009 20% 5
2008 28% 25
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

C-5 recorded 0.00 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Kentucky, coal mining averaged 4.28 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
2011 * 0.00 0.00 0.000
2010 * 7.94 7.94 0.000
2009 * 6.57 6.57 0.000
2008 * 5.15 5.15 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. Rex Coal Company Inc. 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)
2014 3
2013 0
2012 11 26,337
2011 30 69,799
2010 29 65,050
2009 32 123,852
2008 30 158,288
2007 19 40,641
Source: MSHA quarterly employment and production, updated weekly.

C-5 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
2014 Q4 667 0 0 0.0
2014 Q3 2,288 0 0 0.0
2014 Q2 896 3 0 3348.2
2014 Q1 318 6 0 18867.9
2013 Q4 0 3 0
2013 Q3 0 8 0
2013 Q2 0 0 0
2013 Q1 0 3 0
Show 21 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q4 0 0 0
2012 Q3 0 1 1
2012 Q1 20,271 19 5 937.3
2011 Q4 23,973 39 10 1626.8
2011 Q3 18,030 39 10 2163.1
2011 Q2 11,124 16 1 1438.3
2011 Q1 18,622 13 1 698.1
2010 Q4 21,553 25 5 1159.9
2010 Q3 16,546 36 8 2175.8
2010 Q2 20,369 39 15 1914.7
2010 Q1 17,119 28 6 1635.6
2009 Q4 19,191 22 5 1146.4
2009 Q3 22,899 14 1 611.4
2009 Q2 24,805 17 1 685.3
2009 Q1 24,413 30 9 1228.9
2008 Q4 20,254 31 10 1530.6
2008 Q3 17,982 12 1 667.3
2008 Q2 19,248 15 4 779.3
2008 Q1 20,251 19 5 938.2
2007 Q4 12,166 12 6 986.4
2007 Q3 9,484 12 6 1265.3
No fatalities recorded at this mine.

Reportable incidents

11 on file

2012 · 2 incidents

February 6, 2012 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Rex Coal Company Inc. · Struck by... (Not Elsewhere Classified)

Ee was cutting a piece of belt when the knife slipped and cut his leg just above the knee. He went to doctor, got 5 stitches and returned to work, no lost time.

January 25, 2012 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider SLIP OR FALL OF PERSON
Rex Coal Company Inc. · Fall onto or against objects

Ee was at the #3 belt head when he slipped on a crib block. As he fell against the rib, he was trying to catch himself. This caused him to dislocate his shoulder. The doctors are saying he will be off for a few weeks.

2010 · 3 incidents

October 25, 2010 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator FALL OF ROOF OR BACK
Rex Coal Company Inc. · Struck by falling object

Ee was standing beside the rib, when a piece of rock fell from the roof and hit him in the head and shoulder. Injuries are numerous but not life threating or debilitating. Doctors are saying he will be off for two or three months, maybe more.

September 17, 2010 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Rex Coal Company Inc. · Over-exertion (Not Elsewhere Classified)

Ee was bending a 4' bolt in low top. Caused him to have a hernia. He is now off due to surgery.

August 25, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Rex Coal Company Inc. · Struck by falling object

Ee is a repairman. He was using a buggy for transportation when he hit a timber with the buggy. This moved the timber so that a piece of rock fell from the top and hit him on the neck and shoulder.

2009 · 4 incidents

November 26, 2009 KY · Coal FIRE
Rex Coal Company Inc. · Accident type, without injuries

EE was cutting holes in tail piece for spill skirt installation. The CO monitor was sounding off. EE could not make the outside man understand how to cut it off. EE left the area to turn off the CO monitor. He was away from the area for a long while so that he could eat lunch. When he returned, he discovered smoke and fire at the tail piece.

October 13, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Rex Coal Company Inc. · Struck against a moving object

A repairman and the Ee had a scoop jacked-up on blocks. The blocks kicked out causing the scoop to drop 3 to 4 feet. Ee was in the drivers compartment. This sudden drop tossed Ee around in the compartment which hurt his back. He has a compression fracture.

May 12, 2009 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Rex Coal Company Inc. · Struck by falling object

The rub rail on the miner was being removed when it fell and hit Ee on foot. The impact broke his little toe. Required surgery to repair. Ee will be off work a couple or three weeks.

March 11, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Rex Coal Company Inc. · Caught in, under or between a moving and a stationary object

EE operates a roof bolter. His hand got caught in canopy when it came down. He simply had his hand in the wrong place at the wrong time, and he knew it. It mashed his thumb so much that it broke it. Will be off a two or three weeks.

2008 · 2 incidents

April 30, 2008 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Rex Coal Company Inc. · Over-exertion (Not Elsewhere Classified)

Employee bent down to shovel a belt when his knee popped. Doctors are saying that his knee cap may have popped loose and a little physical therapy should take care of the problem.

February 28, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Rex Coal Company Inc. · Caught in, under or between running or meshing objects

Ee operates a roof bolter. He caught his finger in between head and arm of the bolter. This pinched his skin to the point of looking like a cut. Three stitches required. No lasting problems.