Mining Incidents

Colley Fork Surface Mine: 85 MSHA citations Coal

Clintwood JOD, LLC · Surface
Controlled by JOD Holdings LLC
Phelps, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1518931

Colley Fork Surface Mine has $32K in proposed MSHA penalties and $0 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2006–2010
Latest incident
Dec 2010
Compliance record
MSHA citations since 2005
85
citations
47
significant & substantial
$32,072
proposed penalties
$31,829
paid to date
99% of proposed penalties paid to date, a $243 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
35
inspections on record
1,130
inspection hours
7.5
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.
85 citations across 1,130 inspection hours.
Source: MSHA inspections data, updated weekly.

Colley Fork Surface Mine has $32K in proposed MSHA penalties and $0 outstanding across 3 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.
$32K
proposed penalties
$32K
current assessed
$32K
paid to date
$0
outstanding
84 assessments are final orders; 3 contested dockets.
Of $3K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2015-10-15.
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.
56.0%
significant & substantial
1.2%
high negligence or reckless
56.0%
reasonably likely or greater
45.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 25.0% low, 73.8% moderate, 1.2% 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.
5 citations taken to the federal commission · 6% of citations on record
  • Settled 2 · 40%
  • Stood as issued 3 · 60%
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 3 decided S&S contests · industry: 79%
8%
Penalty reduction in decided contests
$3K proposed, $3K 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 2011-01-28.
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 2010-421 Default Lesnick 2011 $2K → $2K
KENT 2010-422 Settlement Lesnick 2011 $745 → $600
KENT 2011-567 Settlement Tureck 2012 $392 → $294
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Colley Fork Surface Mine shows 100% of 87 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: 2015-10-23, 10 years ago
100%
within 1.5 mg/m3
87
samples
1.15
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.
79 samples taken by MSHA inspectors, 8 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE29
  • BULLDOZER OPERATOR19
  • HIGHLIFT OPERATOR/FRONT END LOADER16

Silica (quartz)

Last sampled: 2011-12-13, 14 years ago
26.8
silica avg (%)
4
samples
34.8
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR2
  • HIGHWALL DRILL OPERATOR1
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE1

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: 2015-10-28, 10 years ago
2%
over PEL
50
samples
Most-sampled occupations
  • BULLDOZER OPERATOR13
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE13
  • HIGHLIFT OPERATOR/FRONT END LOADER10
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
2015 100% 5
2011 100% 16
2010 100% 6
2009 100% 16
2008 100% 5
2007 100% 12
2006 100% 27
Silica (quartz) by year
Year silica avg (%) samples
2011 27.5 1
2009 18.7 1
2007 34.8 1
2006 26.3 1
Noise by year
Year over PEL samples
2015 0% 5
2011 0% 14
2009 0% 11
2007 0% 5
2006 7% 15
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Colley Fork Surface Mine 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 * 6.44 4.29 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 0.00 0.00 0.000
2006 8.93 8.93 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. Apex Energy Inc 2005 to 2019
  2. Clintwood JOD, LLC 2019 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)
2017 0
2016 5 414
2015 0
2014 0
2013 0
2012 3 393
2011 32 144,534
2010 33 197,560
2009 27 119,399
2008 27 155,437
2007 40 294,258
2006 40 412,422
2005 13 19,129
Source: MSHA quarterly employment and production, updated weekly.

Colley Fork Surface Mine sits in Pike County, Kentucky, where the Census mining category is 5.1% 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.
Pike County, Kentucky · Population 57,466
5.1%
Mining share of county employment
$42,179
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
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 2,780 0 0 0.0
2016 Q1 2,850 0 0 0.0
2015 Q4 0 4 1
2015 Q3 0 0 0
Show 35 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 1 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 8 0 0 0.0
2012 Q2 105 0 0 0.0
2012 Q1 6,004 0 0 0.0
2011 Q4 20,745 3 1 144.6
2011 Q3 22,485 0 0 0.0
2011 Q2 20,004 10 6 499.9
2011 Q1 20,641 0 0 0.0
2010 Q4 30,821 3 2 97.3
2010 Q3 24,688 4 2 162.0
2010 Q2 18,024 0 0 0.0
2010 Q1 19,668 1 0 50.8
2009 Q4 17,443 3 1 172.0
2009 Q3 18,527 1 1 54.0
2009 Q2 15,839 2 1 126.3
2009 Q1 20,807 0 0 0.0
2008 Q4 17,061 1 1 58.6
2008 Q3 17,742 0 0 0.0
2008 Q2 14,084 8 4 568.0
2008 Q1 17,840 0 0 0.0
2007 Q4 16,115 3 1 186.2
2007 Q3 24,311 0 0 0.0
2007 Q2 27,409 9 7 328.4
2007 Q1 36,215 3 2 82.8
2006 Q4 34,292 2 0 58.3
2006 Q3 35,694 0 0 0.0
2006 Q2 16,407 7 5 426.6
2006 Q1 25,601 1 1 39.1
2005 Q4 8,514 10 5 1174.5
No fatalities recorded at this mine.

Reportable incidents

8 on file

2010 · 3 incidents

December 21, 2010 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

Employee was cleaning the loading area with front end loader when he ran into a low place in the pit floor that caused the machine to twist him in the seat causing pain in back.

November 10, 2010 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

EE was operating front end loader in coal pit when the seat bottomed out causing pain between his shoulders. EE did not tell foreman he had a work related accident until he was at the doctor's office on 11/19/10.

September 8, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Apex Energy Inc · Caught in, under or between (Not Elsewhere Classified)

EE was installing tire chains on Caterpillar 992 Loader. Left hand was caught between links in chain, causing laceration to left hand.

2006 · 5 incidents

December 20, 2006 KY · Coal drill operator MACHINERY
Apex Energy Inc · Flash burns (welding)

Welding was being done on drill. Operator got flash burns to eyes.

December 4, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Apex Energy Inc · Over-exertion in pulling or pushing objects

Mechanic was performing service work on machine. While pulling on hydrolic hose, he pulled a muscle in his right shoulder.

September 20, 2006 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Apex Energy Inc · Flash burns (welding)

Dozer opr. was standing near dozer while welder was welding on blade. He called me approx. 5:50 am the next morning to say welding glare had burned his eyes.

May 4, 2006 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Apex Energy Inc · Over-exertion (Not Elsewhere Classified)

Employee was getting out of his truck. When he turned to step out on fuel tank he had a bad pain in his lower back.

April 11, 2006 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

Loader bucket slipped off a rock and the jar from the loader caused pain in his lower part of his back. He also said he had some pain the day before.