Cherries Branch Surface Mine: 61 MSHA citations Coal
Kern Coal Company, Inc
· Surface
Controlled by
Terry G Loving
Slemp,
Perry County,
KY
·
Abandoned
MSHA Mine ID: 1518859
Cherries Branch Surface Mine has $17K in proposed MSHA penalties and $14K outstanding across 6 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 0
- Years on record
- —
- Latest incident
- —
Compliance record
MSHA citations since 2005
61
citations
33
significant & substantial
$17,320
proposed penalties
$2,569
paid to date
15% of proposed penalties paid to date, a $14,751 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
11
inspections on record
396
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: 396 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Cherries Branch Surface Mine has $17K in proposed MSHA penalties and $14K outstanding across 6 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.$17K
proposed penalties
$17K
current assessed
$3K
paid to date
$14K
outstanding
56 assessments are final orders; 6 contested dockets.
Of $12K in penalties contested before the Commission, $11K was upheld in final decisions.
As of the most recent assessment on 2008-03-27.
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.58.9%
significant & substantial
3.6%
high negligence or reckless
58.9%
reasonably likely or greater
7.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.8% low, 94.6% moderate, 3.6% 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.
21
citations taken to the federal commission · 34% of citations on record
- Settled 2 · 10%
- Stood as issued 19 · 90%
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 10 decided S&S contests · industry: 79%
6%
Penalty reduction in decided contests
$12K proposed, $11K 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 2008-03-11.
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 2008-327 | Default | Lesnick | 2009 | $5K → $5K |
| KENT 2006-119 | Settlement | Feldman | 2006 | $3K → $2K |
| KENT 2008-328 | Default | Lesnick | 2009 | $2K → $2K |
| KENT 2008-325 | Default | Lesnick | 2010 | $1K → $1K |
| KENT 2008-326 | Default | Lesnick | 2009 | $451 → $451 |
| KENT 2008-666 | Default | Lesnick | 2009 | $100 → $100 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Cherries Branch Surface Mine shows 95% of 22 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: 2008-03-27, 18 years ago
ⓘ
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.95%
within 1.5 mg/m3
22
samples
2.30
dust max (mg/m3)
20 samples taken by MSHA inspectors, 2 by the operator.
Most-sampled occupations
- HIGHLIFT OPERATOR/FRONT END LOADER6
- BULLDOZER OPERATOR5
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5
Silica (quartz)
Last sampled: 2007-01-30, 19 years ago13.9
silica avg (%)
1
samples
13.9
silica max (%)
Most-sampled occupations
- HIGHLIFT OPERATOR/FRONT END LOADER1
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: 2007-01-25, 19 years ago
ⓘ
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.0%
over PEL
11
samples
Most-sampled occupations
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE4
- BULLDOZER OPERATOR3
- HIGHLIFT OPERATOR/FRONT END LOADER3
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% | 5 |
| 2007 | 92% | 12 |
| 2006 | 100% | 5 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2007 | 0% | 6 |
| 2006 | 0% | 5 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
- Boyd Contracting Inc 2005 to 2006
- Kern Coal Company, Inc. 2006 to 2008
- Kern Coal Company, Inc 2008 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 | 2 | 5,816 |
| 2007 | 6 | 15,283 |
| 2006 | 9 | 15,592 |
| 2005 | 9 | 36,123 |
Source: MSHA quarterly employment and production, updated weekly.
Cherries Branch Surface Mine sits in Perry County, Kentucky, where the Census mining category is 3.3% 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.Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
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 | 0 | 0 | 0 | |
| 2008 Q2 | 2,835 | 0 | 0 | 0.0 |
| 2007 Q1 | 3,240 | 8 | 4 | 2469.1 |
| 2006 Q2 | 4,291 | 0 | 0 | 0.0 |
| 2006 Q1 | 7,106 | 8 | 6 | 1125.8 |
| 2005 Q4 | 6,902 | 0 | 0 | 0.0 |
| 2005 Q3 | 4,823 | 2 | 1 | 414.7 |
| 2005 Q2 | 5,609 | 0 | 0 | 0.0 |
No reportable incidents on file.
MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.