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.
149 citations across 1,339 inspection hours.
Source: MSHA inspections data, updated weekly.
Cm&E #3 has $34K in proposed MSHA penalties and $9K outstanding across 16 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.
$34K
proposed penalties
$26K
current assessed
$17K
paid to date
$9K
outstanding
149 assessments are final orders; 16 contested dockets.
Of $26K in penalties contested before the Commission, $18K was upheld in final decisions.
As of the most recent assessment on 2010-04-13.
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.
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.
64citations taken to the federal commission · 43% of citations on record
Settled
61 · 95%
Vacated or withdrawn
3 · 5%
88%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 16 decided S&S contests · industry: 79%
31%
Penalty reduction in decided contests
$26K proposed, $18K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2010-06-24.
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.
MSHA sampling at Cm&E #3 shows 96% of 216 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: 2010-09-22, 15 years ago
96%
within 1.5 mg/m3
216
samples
3.79
dust max (mg/m3)
130 samples taken by MSHA inspectors, 86 by the operator.
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.
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.
Cm&E #3 recorded 0.00 reportable injury cases per 100 full-time workers in 2010.
Injury rate, 2010
ⓘ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 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In Kentucky, coal mining averaged 4.85 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
2010 *
0.00
0.00
0.000
2009 *
4.74
4.74
0.000
2008 *
0.00
0.00
0.000
2007 *
0.00
0.00
0.000
2006 *
0.00
0.00
0.000
2005 *
0.00
0.00
0.000
2004 *
3.84
3.84
0.000
2002 *
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.
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)
2015
0
2014
0
2013
1
2012
1
2011
5
2010
20
45,890
2009
31
149,468
2008
22
126,284
2007
22
123,501
2006
16
103,001
2005
18
139,940
2004
19
133,438
2003
18
130,976
2002
16
160,867
2001
9
14,842
2000
21
48,811
Source: MSHA quarterly employment and production, updated weekly.
Cm&E #3 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
2015 Q1
0
0
0
2014 Q4
0
0
0
2014 Q3
0
0
0
2014 Q2
0
0
0
2014 Q1
0
0
0
2013 Q4
0
0
0
2013 Q3
0
0
0
2013 Q2
22
0
0
0.0
Show 48 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2013 Q1
109
0
0
0.0
2012 Q4
117
0
0
0.0
2012 Q3
187
0
0
0.0
2012 Q2
132
0
0
0.0
2012 Q1
142
0
0
0.0
2011 Q4
1,439
0
0
0.0
2011 Q3
3,367
0
0
0.0
2011 Q2
3,667
0
0
0.0
2011 Q1
3,119
0
0
0.0
2010 Q4
2,876
0
0
0.0
2010 Q3
5,838
0
0
0.0
2010 Q2
16,271
7
0
430.2
2010 Q1
17,246
0
0
0.0
2009 Q4
22,759
12
1
527.3
2009 Q3
20,751
6
0
289.1
2009 Q2
21,296
7
2
328.7
2009 Q1
19,559
6
3
306.8
2008 Q4
16,596
13
1
783.3
2008 Q3
14,879
0
0
0.0
2008 Q2
15,433
6
0
388.8
2008 Q1
12,807
1
1
78.1
2007 Q4
15,232
2
0
131.3
2007 Q3
14,972
10
6
667.9
2007 Q2
15,256
8
0
524.4
2007 Q1
13,595
5
0
367.8
2006 Q4
10,908
0
0
0.0
2006 Q3
11,010
0
0
0.0
2006 Q2
11,060
4
1
361.7
2006 Q1
12,175
1
0
82.1
2005 Q4
14,571
3
0
205.9
2005 Q3
9,999
4
0
400.0
2005 Q2
13,640
0
0
0.0
2005 Q1
13,789
0
0
0.0
2004 Q4
14,744
9
8
610.4
2004 Q3
13,614
0
0
0.0
2004 Q2
12,769
1
0
78.3
2004 Q1
10,954
2
0
182.6
2003 Q3
11,681
1
0
85.6
2003 Q2
13,060
0
0
0.0
2003 Q1
12,538
6
3
478.5
2002 Q4
12,314
1
1
81.2
2002 Q3
10,233
1
1
97.7
2002 Q2
10,179
0
0
0.0
2002 Q1
9,390
5
1
532.5
2001 Q4
5,806
0
0
0.0
2000 Q3
9,100
6
3
659.3
2000 Q2
17,438
5
1
286.7
2000 Q1
11,019
2
0
181.5
No fatalities recorded at this mine.
Reportable incidents
5 on file
2009 · 2 incidents
December 1, 2009KY · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanSLIP OR FALL OF PERSON
INJURED HAD TRAVELED WITH THE ROCK TRUCK DRIVER FROM WHERE HIS VEHICLE WAS LOCATED TO WHERE HIS DOZER WAS LEFT. INJURED STATED THAT AS HE BEGAN CLIMBING DOWN THE LADDER AT THE ROCK TRUCK, HE L OST HIS FOOTING AND FELL. INJURED SUFFERED A BROKEN WRIST.
2003 · 1 incident
July 22, 2003KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
INJURED STATED THAT HE WAS CHECKING THE OIL IN THE RD800 GREASE TRUCK AND AS HE WAS LIFTING THE HOOD HE FELT SOMETHING PULL IN HIS LOWER BACK. INJURED HAD NO LOST TIME UNTIL 7-28-03.
2000 · 1 incident
August 10, 2000KY · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerMACHINERY
INJURED STRUCK HIS HEAD AGAINST A METAL BAR LOCATED IN THE CAB OF THE DOZER AS THE DOZER DROPPED OVER AN 8' EMBANKMENT WITH A SUDDEN JAR. INJURED REQUIRED STITCHES TO THE HEAD AND RETURNED TO WORK WHEN THE STITCHES WERE REMOVED WITH NO RESTRICTIONS.