Mining Incidents

Cowpen Mine: 633 MSHA citations Coal

Resurrection Coal, Inc. · Underground
Controlled by Jerry Tackett
Pikeville, Pike County, KY  ·  Temporarily Idled
MSHA Mine ID: 1519196

Cowpen Mine has $113K in proposed MSHA penalties and $80K outstanding across 19 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2008–2011
Latest incident
May 2011
Compliance record
MSHA citations since 2008
633
citations
139
significant & substantial
$113,108
proposed penalties
$26,172
paid to date
23% of proposed penalties paid to date, a $86,936 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
70
inspections on record
3,505
inspection hours
18.1
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.
633 citations across 3,505 inspection hours.
Source: MSHA inspections data, updated weekly.

Cowpen Mine has $113K in proposed MSHA penalties and $80K outstanding across 19 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.
$113K
proposed penalties
$107K
current assessed
$26K
paid to date
$80K
outstanding
610 assessments are final orders; 19 contested dockets.
Of $48K in penalties contested before the Commission, $41K was upheld in final decisions.
As of the most recent assessment on 2023-09-22.
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.
22.8%
significant & substantial
9.0%
high negligence or reckless
23.1%
reasonably likely or greater
19.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 17.2% low, 73.3% moderate, 9.0% 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.
206 citations taken to the federal commission · 33% of citations on record
  • Settled 199 · 97%
  • Stood as issued 6 · 3%
  • Vacated or withdrawn 1 · 0%
98%
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 50 decided S&S contests · industry: 79%
15%
Penalty reduction in decided contests
$48K proposed, $41K 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 2023-11-20.
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 2023-0096 Settlement McCarthy 2023 $7K → $6K
KENT 2024-0027 Settlement Sullivan 2024 $5K → $4K
KENT 2012-860 Default Lesnick 2012 $4K → $4K
KENT 2023-0010 Settlement 2023 $4K → $3K
KENT 2024-0005 Settlement McCarthy 2024 $3K → $3K
KENT 2024-0041 Settlement McCarthy 2024 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Cowpen Mine shows 96% of 324 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: 2023-09-28
96%
within 1.5 mg/m3
324
samples
2.32
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.
119 samples taken by MSHA inspectors, 205 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR103
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)56
  • CUTTING MACHINE OPERATOR39

Silica (quartz)

Last sampled: 2023-08-28
10.7
silica avg (%)
13
samples
27.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)2
  • CUTTING MACHINE OPERATOR1

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: 2023-08-10, 3 years ago
8%
over PEL
38
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR6
  • CONTINUOUS MINER OPERATOR4
  • HIGHLIFT OPERATOR/FRONT END LOADER4
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
2023 99% 111
2022 100% 82
2014 100% 37
2012 72% 18
2011 85% 40
2009 100% 13
2008 100% 23
Silica (quartz) by year
Year silica avg (%) samples
2023 8.4 5
2022 13.3 4
2014 14.0 3
2012 1.9 1
Noise by year
Year over PEL samples
2023 0% 6
2022 0% 7
2014 25% 8
2012 25% 4
2011 0% 6
2008 0% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Cowpen Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2023.

Injury rate, 2023
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 3.17 and the all-US-mining average was 2.10 cases per 100 workers.
In Kentucky, coal mining averaged 4.32 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
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2011 * 5.62 5.62 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. Calvary Coal Corp 2008 to 2012
  2. Bee, B & B, LLC 2012 to 2013
  3. Freedom Coal, Inc. 2013 to 2022
  4. Resurrection Coal, Inc. 2022 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)
2024 0
2023 24 68,245
2022 18 45,285
2017 0
2016 0
2015 0
2014 11 32,862
2013 9 6,884
2012 18 19,614
2011 18 69,203
2010 0
2009 12 23,402
2008 21 59,199
Source: MSHA quarterly employment and production, updated weekly.

Cowpen 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
2024 Q3 0 0 0
2024 Q2 0 0 0
2024 Q1 0 0 0
2023 Q4 1,547 0 0 0.0
2023 Q3 14,201 41 6 2887.1
2023 Q2 13,921 21 4 1508.5
2023 Q1 12,253 54 14 4407.1
2022 Q4 11,191 46 7 4110.4
Show 34 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2022 Q3 12,246 44 8 3593.0
2022 Q2 9,614 45 8 4680.7
2022 Q1 1,269 4 2 3152.1
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 1 0
2014 Q3 1,100 2 0 1818.2
2014 Q2 8,842 47 6 5315.5
2014 Q1 9,842 68 14 6909.2
2013 Q4 5,831 17 3 2915.5
2013 Q3 850 2 0 2352.9
2012 Q2 48 10 1 208333.3
2012 Q1 11,783 22 13 1867.1
2011 Q4 21,848 25 10 1144.3
2011 Q3 10,814 28 6 2589.2
2011 Q2 2,934 28 8 9543.3
2011 Q1 0 0 0
2010 Q4 0 0 0
2010 Q3 0 0 0
2010 Q2 0 0 0
2010 Q1 0 0 0
2009 Q4 996 0 0 0.0
2009 Q3 705 1 0 1418.4
2009 Q2 2,106 6 0 2849.0
2009 Q1 14,099 22 3 1560.4
2008 Q4 18,050 61 17 3379.5
2008 Q3 7,585 17 5 2241.3
2008 Q2 0 1 0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2011 · 1 incident

May 4, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Calvary Coal Corp · Struck against stationary object

Was putting a curtain board up & hit elbow on t-bar causing laceration. Currently off work for bone infection unsure if related.

2009 · 1 incident

February 16, 2009 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Calvary Coal Corp · Over-exertion in lifting objects

Picking rock and felt pain in left shoulder. * Previous accident on 4 wheeler.

2008 · 1 incident

October 16, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Calvary Coal Corp · Caught in, under or between a moving and a stationary object

Drilling hole in roof and left hand, middle finger, got caught between roof and steel. Negative x-ray, but now referred to hand surgeon. Released to light duty.