Mining Incidents

Chestnut Flats: 251 MSHA citations Coal

Controlled by Thomas R Hamilton
Balkan, Bell County, KY  ·  Abandoned
MSHA Mine ID: 1519076

Chestnut Flats has $126K in proposed MSHA penalties and $3K outstanding across 27 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
19
Years on record
2007–2018
Latest incident
May 2018
Compliance record
MSHA citations since 2007
251
citations
104
significant & substantial
$125,679
proposed penalties
$100,551
paid to date
80% of proposed penalties paid to date, a $25,128 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
69
inspections on record
2,088
inspection hours
12.0
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.
251 citations across 2,088 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
2
Section 107(a) orders
Most recent order: 2011-12-16.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Chestnut Flats has $126K in proposed MSHA penalties and $3K outstanding across 27 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.
$126K
proposed penalties
$104K
current assessed
$101K
paid to date
$3K
outstanding
240 assessments are final orders; 27 contested dockets.
Of $172K in penalties contested before the Commission, $81K was upheld in final decisions.
As of the most recent assessment on 2018-07-31.
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.
43.3%
significant & substantial
0.0%
high negligence or reckless
42.5%
reasonably likely or greater
4.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 34.6% low, 65.4% moderate, 0.0% 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.
142 citations taken to the federal commission · 57% of citations on record
  • Settled 130 · 92%
  • Stood as issued 3 · 2%
  • Vacated or withdrawn 9 · 6%
73%
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 81 decided S&S contests · industry: 79%
53%
Penalty reduction in decided contests
$172K proposed, $81K 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 2017-11-22.
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 2011-434 Vacate Moran 2013 $52K → $0
KENT 2010-1566 Settlement Moran 2013 $19K → $13K
KENT 2009-810 Settlement Miller 2010 $15K → $11K
KENT 2008-1547 Settlement Feldman 2010 $14K → $11K
KENT 2014-0379 Settlement Miller 2014 $11K → $9K
KENT 2009-767 Settlement Lesnick 2009 $10K → $8K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Chestnut Flats shows 100% of 137 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: 2018-04-30, 8 years ago
100%
within 1.5 mg/m3
137
samples
0.80
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.
107 samples taken by MSHA inspectors, 30 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR38
  • HIGHLIFT OPERATOR/FRONT END LOADER32
  • HIGHWALL DRILL OPERATOR27

Silica (quartz)

Last sampled: 2015-03-24, 11 years ago
24.3
silica avg (%)
4
samples
34.2
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR2
  • BULLDOZER OPERATOR1
  • 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: 2018-02-09, 8 years ago
1%
over PEL
102
samples
Most-sampled occupations
  • BULLDOZER OPERATOR22
  • HIGHLIFT OPERATOR/FRONT END LOADER22
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE19
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
2018 100% 11
2017 100% 14
2015 100% 16
2014 100% 9
2013 100% 5
2012 100% 10
2011 100% 5
2010 100% 14
2009 100% 18
2008 100% 25
2007 100% 10
Silica (quartz) by year
Year silica avg (%) samples
2015 12.0 1
2009 34.2 1
2008 23.6 1
2007 27.3 1
Noise by year
Year over PEL samples
2018 0% 5
2017 0% 10
2015 0% 10
2014 0% 10
2013 0% 9
2012 0% 10
2011 0% 5
2010 0% 10
2009 0% 10
2008 7% 14
2007 0% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Chestnut Flats recorded 5.47 reportable injury cases per 100 full-time workers in 2018.

Injury rate, 2018
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.
5.47
total case rate
5.47
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.34 and the all-US-mining average was 2.33 cases per 100 workers.
In Kentucky, coal mining averaged 3.81 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
2018 * 5.47 5.47 0.000
2015 * 0.00 0.00 0.000
2014 * 22.29 22.29 0.000
2013 * 0.00 0.00 0.000
2012 * 13.86 13.86 0.000
2011 5.98 5.98 0.000
2010 2.75 1.84 0.000
2009 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. Nally & Hamilton Enterprises, 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)
2019 3
2018 19 70,011
2017 11 33,197
2015 15 185,641
2014 13 205,609
2013 18 62,286
2012 19 71,926
2011 46 278,755
2010 73 589,313
2009 45 393,036
2008 46 414,801
2007 36 331,944
Source: MSHA quarterly employment and production, updated weekly.

Chestnut Flats 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
2019 Q2 0 0 0
2019 Q1 321 0 0 0.0
2018 Q4 2,477 0 0 0.0
2018 Q3 6,514 3 0 460.5
2018 Q2 17,607 0 0 0.0
2018 Q1 9,985 2 0 200.3
2017 Q4 2,552 0 0 0.0
2017 Q3 3,614 2 0 553.4
Show 38 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q2 1,174 0 0 0.0
2017 Q1 3,204 1 0 312.1
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 10,971 1 0 91.1
2015 Q1 19,118 3 1 156.9
2014 Q4 18,202 2 1 109.9
2014 Q3 16,988 5 0 294.3
2014 Q2 505 0 0 0.0
2014 Q1 188 3 2 15957.4
2013 Q4 0 0 0
2013 Q3 655 0 0 0.0
2013 Q2 16,654 5 0 300.2
2013 Q1 19,743 0 0 0.0
2012 Q4 14,434 5 0 346.4
2012 Q3 6,943 4 0 576.1
2012 Q2 6,542 0 0 0.0
2012 Q1 15,380 4 0 260.1
2011 Q4 37,768 2 1 53.0
2011 Q3 36,068 8 1 221.8
2011 Q2 30,155 2 1 66.3
2011 Q1 29,861 4 0 134.0
2010 Q4 50,220 9 1 179.2
2010 Q3 56,852 10 3 175.9
2010 Q2 58,092 19 6 327.1
2010 Q1 52,771 2 2 37.9
2009 Q4 44,923 13 9 289.4
2009 Q3 31,998 5 1 156.3
2009 Q2 37,284 0 0 0.0
2009 Q1 37,608 0 0 0.0
2008 Q4 33,900 34 13 1002.9
2008 Q3 36,564 0 0 0.0
2008 Q2 34,859 21 12 602.4
2008 Q1 28,655 12 6 418.8
2007 Q4 28,564 6 1 210.1
2007 Q3 29,905 18 15 601.9
2007 Q2 29,771 0 0 0.0
2007 Q1 17,101 5 5 292.4
No fatalities recorded at this mine.

Reportable incidents

19 on file

2018 · 1 incident

May 18, 2018 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nally & Hamilton Enterprises, Inc. · Caught in, under or between a moving and a stationary object

Employee was changing lift cylinder on D-9 Dozer, as EE was putting cylinder in there was slack in cable and the cylinder moved back in place causing the cylinder to smash finger. Employee had surgery on left pinkie finger, it was smashed & cut.

2015 · 1 incident

March 23, 2015 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Nally & Hamilton Enterprises, Inc. · Struck by flying object

Removing exhaust clamp - it broke and was slung by air ratchet cutting left finger

2014 · 4 incidents

December 11, 2014 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Nally & Hamilton Enterprises, Inc. · Fall from machine

Employee was dressing around face-up of mine area when the corner of his dozer blade caught a gas line causing the dozer to catch on fire and he jumped out and broke left leg and brunt both hands.

November 18, 2014 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was exiting Highwall Miner when he stepped onto ground and hit a slick spot and turned right ankle.

June 9, 2014 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Nally & Hamilton Enterprises, Inc. · Struck against a moving object

Employee was operating a dozer on solid rock when he got jerked causing a hurting in his lower back.

2012 · 3 incidents

November 19, 2012 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was hydro seeding hill, when coming off hill he stepped in hole and jarred his left knee.

October 19, 2012 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was dismounting dozer for lunch, when he was getting off he twisted his lower back. He did not go to Doctor that day, but today (10-22-2012) he went to Dr's office in Harlan, Ky.

January 16, 2012 KY · Coal greaser, grease man, oiler, lube man, dragline oiler HANDTOOLS (NONPOWERED)
Nally & Hamilton Enterprises, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was taking drain plug out of 980g loader using a wrench when he felt a pain in his right shoulder and bicep.

2011 · 5 incidents

November 19, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises, Inc. · Fall from machine

on left track of machine-lost balance-grabbed for step but fell to ground on left side-left elbow swelled up-hard to move next day

July 11, 2011 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Nally & Hamilton Enterprises, Inc. · Struck against a moving object

Employee was tramming a track loader on roadway when he ran over an uneven portion of roadway causing it to jar his lower back and legs.

May 24, 2011 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Nally & Hamilton Enterprises, Inc. · Struck against a moving object

Employee was returning to the pit when for some unknown reason, the employee drove over the berm. The employee traveled approximately 144 feet down the embankment before the truck came to rest on its right side.

March 1, 2011 KY · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was unstopping a rock crusher when he went to move a rock, and his foot fell through the grizzley, he went to catch himself and hurt his left hand.

2010 · 3 incidents

September 28, 2010 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
Nally & Hamilton Enterprises, Inc. · Over-exertion (Not Elsewhere Classified)

This is not a specific date/time accident. Employee is claiming carpal-tunnel which has developed over time.

June 12, 2010 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Nally & Hamilton Enterprises, Inc. · Struck against a moving object

Employee was driving a 777D to the parking lot when his right front tire went through a water drain. The employee tried to back up causing his truck to overturn.

April 21, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Nally & Hamilton Enterprises, Inc. · Struck against a moving object

Employee was backing a 777D truck to the dump when he backed through the berm causing the truck to overturn.

2007 · 2 incidents

September 7, 2007 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Nally & Hamilton Enterprises, Inc. · Struck against a moving object

Employee was driving a 777 rock truck when he drove through the berm and turned over. Employee complained with shoulder pain.

July 25, 2007 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Nally & Hamilton Enterprises, Inc. · Inhalation of radiations, caustics, toxic and noxious substances

Employee was dumping a 777 haul truck, when the fire extinguisher became dislodged and fell onto the frame of the truck. When the employee lowered the bed of the truck, the fire extinguisher was crushed, filling the cab of the truck with the contents of the fire extinguisher.