Mining Incidents

Cawood Mine #1: 1,259 MSHA citations Coal

Black Fire Energy, Inc. · Underground
Controlled by Debra R Mugumya
Cawood, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518264

Cawood Mine #1 has $814K in proposed MSHA penalties and $781K outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
2003–2010
Latest incident
May 2010
Compliance record
MSHA citations since 2001
1,259
citations
600
significant & substantial
$814,395
proposed penalties
$33,101
paid to date
4% of proposed penalties paid to date, a $781,294 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
116
inspections on record
5,232
inspection hours
24.1
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.
1,259 citations across 5,232 inspection hours.
Source: MSHA inspections data, updated weekly.

Cawood Mine #1 has $814K in proposed MSHA penalties and $781K outstanding across 7 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.
$814K
proposed penalties
$814K
current assessed
$33K
paid to date
$781K
outstanding
1,152 assessments are final orders; 7 contested dockets.
Of $70K in penalties contested before the Commission, $70K was upheld in final decisions.
As of the most recent assessment on 2013-06-19.
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.
51.9%
significant & substantial
7.5%
high negligence or reckless
52.1%
reasonably likely or greater
10.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 1.9% low, 90.4% moderate, 7.1% high, 0.4% 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.
59 citations taken to the federal commission · 5% of citations on record
  • Stood as issued 59 · 100%
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 30 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$70K proposed, $70K 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 2010-05-13.
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 2010-133 Dismissal Rae 2011 $25K → $25K
KENT 2010-134 Dismissal Rae 2011 $14K → $14K
KENT 2010-727 Default McCarthy 2011 $12K → $12K
KENT 2010-1071 Default Lesnick 2011 $11K → $11K
KENT 2010-728 Default McCarthy 2011 $4K → $4K
KENT 2010-237 Default McCarthy 2011 $3K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Cawood Mine #1 shows 93% of 391 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: 2010-04-10, 16 years ago
93%
within 1.5 mg/m3
391
samples
6.82
dust max (mg/m3)
237 samples taken by MSHA inspectors, 154 by the operator.
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR140
  • CONTINUOUS MINER OPERATOR63
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)27

Silica (quartz)

Last sampled: 2010-04-06, 16 years ago
7.0
silica avg (%)
32
samples
14.6
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR8
  • MOBILE BRIDGE OPERATOR8

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: 2010-03-26, 16 years ago
4%
over PEL
47
samples
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR12
  • CONTINUOUS MINER OPERATOR9
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)7
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 91% 23
2009 93% 55
2007 97% 30
2006 92% 71
2005 95% 63
2004 91% 78
2003 94% 71
Silica (quartz) by year
Year silica avg (%) samples
2010 5.2 2
2009 6.7 4
2007 9.7 1
2006 6.5 6
2005 6.4 6
2004 7.4 10
2003 8.9 3
Noise by year
Year over PEL samples
2010 0% 4
2009 20% 10
2006 0% 5
2005 0% 14
2004 0% 9
2003 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Cawood Mine #1 recorded 14.85 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.
14.85
total case rate
14.85
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 * 14.85 14.85 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. Little Creek Venture Llc 2000 to 2001
  2. Matt Mining Inc 2001 to 2002
  3. Solid Fuel Energy LTD 2002 to 2002
  4. Turkey Creek Energy LLC 2002 to 2003
  5. New Phase Mining LLC 2003 to 2005
  6. Randy-D, LLC 2005 to 2008
  7. Cawood Enterprises LLC 2008 to 2012
  8. Black Fire Energy, Inc. 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)
2011 0
2010 8 22,676
2009 15 53,106
2008 8
2007 13 23,578
2006 15 63,681
2005 13 42,135
2004 11 47,752
2003 7 21,019
2001 1 1,255
2000 0
Source: MSHA quarterly employment and production, updated weekly.

Cawood Mine #1 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
2011 Q1 0 0 0
2010 Q4 0 1 0
2010 Q3 0 0 0
2010 Q2 3,417 77 40 22534.4
2010 Q1 7,925 24 11 3028.4
2009 Q4 10,501 14 7 1333.2
2009 Q3 13,355 44 29 3294.6
2009 Q2 9,397 49 19 5214.4
Show 22 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q1 7,143 63 31 8819.8
2008 Q4 4,375 7 3 1600.0
2007 Q2 7,172 24 9 3346.3
2007 Q1 6,683 69 28 10324.7
2006 Q4 7,696 34 20 4417.9
2006 Q3 6,731 18 9 2674.2
2006 Q2 7,606 17 6 2235.1
2006 Q1 6,552 43 20 6562.9
2005 Q4 6,904 25 7 3621.1
2005 Q3 5,737 35 8 6100.7
2005 Q2 4,716 32 14 6785.4
2005 Q1 1,440 41 18 28472.2
2004 Q4 3,235 62 29 19165.4
2004 Q3 3,802 96 63 25249.9
2004 Q2 3,135 57 24 18181.8
2004 Q1 1,900 39 17 20526.3
2003 Q4 2,783 30 5 10779.7
2003 Q3 10 62 39 6200000.0
2003 Q1 1,600 83 54 51875.0
2001 Q2 240 0 0 0.0
2001 Q1 0 2 0
2000 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

15 on file

2010 · 2 incidents

May 14, 2010 KY · Coal INUNDATION
Cawood Enterprises LLC · Accident type, without injuries

While mining with the continuous miner, an old abandoned mine was cut into, releasing water.

January 12, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Cawood Enterprises LLC · Struck by flying object

While the ee was driving a pin into the ripper chain on the continuous miner with a hammer, a piece of steel became lodged in his right eye.

2009 · 3 incidents

December 12, 2009 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss STRIKING OR BUMPING
Cawood Enterprises LLC · Struck against stationary object

Employee stated that he hit his right knee on the side of a bridge conveyor while attempting to cross it.

November 23, 2009 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss POWERED HAULAGE
Cawood Enterprises LLC · Caught in, under or between running or meshing objects

Employee stated that he tripped, causing him to fall toward a bridge conveyor with the conveyor chain operating. Employee stated that he then took a step to avoid falling, stepping into the operating bridge chain of the carrier.

March 4, 2009 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Cawood Enterprises LLC · Over-exertion (Not Elsewhere Classified)

Stated that he twisted his knee while kicking a rock off of a piece of belt that he was going to pull out of the mine with a scoop.

2007 · 1 incident

2005 · 2 incidents

March 23, 2005 KY · Coal FALL OF ROOF OR BACK
Randy-D, LLC · Accident type, without injuries

A ROCK FALL OCCURRED ON THE #1 BELT AT CROSSCUT 23. FALL WAS APPROX. 30' LONG X 20' WIDE X 4" HIGH, PULLING THE 4' PERMANENT SUPPORT. NO PERSON OR EQUIPMENT WAS AFFECTED BY THE FALL. THIS ACCIDENT WAS REPORTED TO MSHA ON 3/23/05 & WAS INVESTIGATED BY MSHA INSPECTOR. FALL WILL NOT BE CLEANED UP.

January 5, 2005 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss MACHINERY
New Phase Mining LLC · Caught in, under or between a moving and a stationary object

Employee started bolter. Bolter began moving, trapping employee between bolter and rib.

2004 · 5 incidents

November 22, 2004 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
New Phase Mining LLC · Caught in, under or between a moving and a stationary object

FOOT SLIPPED ON ROCK FORCING FOOT UNTER SCOOP BUCKETT AND SCOOP PINNED FOOT BETWEEN SCOOP BUCKET AND BOTTOM

July 23, 2004 KY · Coal FALL OF ROOF OR BACK
New Phase Mining LLC · Accident type, without injuries

ROCK FALL IN THE # 5 ENTRY AT THE 54TH CROSS CUT APPROX 6' LONG 5'HIGH CRIBBED AND TIMBERED ALL SIDES OF FALL AND DANGERED OFF.

June 22, 2004 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss POWERED HAULAGE
New Phase Mining LLC · Struck against stationary object

EMPLOYEE WAS OPERATING SCOOP, CLEANING OUT BY SECTION. CANOPY CLIPPED ROOF STRAP, FORCING STRAP UNDER CANOPY, STRIKING EMPLOYEE IN RIGHT SIDE OF FACE AND NOSE RESULTING IN A SEVERE CUT IN RIGHT JAW AND CUT UNDER RIGHT EYE. SAFETY GLASSED PREVENTED SERIOUS INJURY TO EYES.

April 29, 2004 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
New Phase Mining LLC · Struck by falling object

EE was greasing a bridge carrier. A piece of drawrock approx 4' by 4' by 6" fell out from between roof bolts. The rock struck the bridge carrier, breaking into two pieces. One of the pieces of rock then struck the employee.

2003 · 2 incidents

August 7, 2003 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech

INJURED WAS WORKING ON THE CONTINUOUS MINER AND A PIECE OF DRAW ROCK FELL OUT FROM BETWEEN ROOF BOLTS AND STRUCK HIM IN THE NECK AND BACK AREA.

July 14, 2003 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler

EMPLOYEE STATED THAT HE WAS CROSSING THE LONG JOHN STRUCTURE AND TWISTED HIS BACK.