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D-1 Mine: 164 MSHA citations Coal

Montana Bakken, LLC · Underground
Controlled by Douglas Warriner
Wallins, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1519514

D-1 Mine has $157K in proposed MSHA penalties and $117K outstanding across 30 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
2010–2013
Latest incident
Jun 2013
Compliance record
MSHA citations since 2010
164
citations
82
significant & substantial
$157,058
proposed penalties
$1,378
paid to date
1% of proposed penalties paid to date, a $155,680 gap.
Source: MSHA violations data, updated weekly.
See Montana Bakken, LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2010
81
inspections on record
1,807
inspection hours
9.1
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.
164 citations across 1,807 inspection hours.
Source: MSHA inspections data, updated weekly.

D-1 Mine has $157K in proposed MSHA penalties and $117K outstanding across 30 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.
$157K
proposed penalties
$119K
current assessed
$1K
paid to date
$117K
outstanding
153 assessments are final orders; 30 contested dockets.
Of $145K in penalties contested before the Commission, $106K was upheld in final decisions.
As of the most recent assessment on 2021-05-26.
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.
53.6%
significant & substantial
7.2%
high negligence or reckless
53.6%
reasonably likely or greater
31.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.6% low, 90.2% moderate, 6.5% high, 0.7% 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.
138 citations taken to the federal commission · 84% of citations on record
  • Settled 135 · 98%
  • Stood as issued 2 · 1%
  • Vacated or withdrawn 1 · 1%
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 90 decided S&S contests · industry: 79%
27%
Penalty reduction in decided contests
$145K proposed, $106K 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 2014-06-02.
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 2012-848 Settlement Barbour 2013 $53K → $38K
KENT 2012-23 Settlement Barbour 2013 $40K → $26K
KENT 2014-0541 Default Lesnick 2015 $10K → $10K
KENT 2012-974 Settlement Barbour 2013 $9K → $6K
KENT 2012-1129 Settlement Barbour 2013 $4K → $4K
KENT 2012-1395 Settlement Barbour 2013 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at D-1 Mine shows 87% of 92 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: 2012-06-28, 14 years ago
87%
within 1.5 mg/m3
92
samples
5.85
dust max (mg/m3)
56 samples taken by MSHA inspectors, 36 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR52
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)7
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)7

Silica (quartz)

Last sampled: 2012-02-17, 14 years ago
5.2
silica avg (%)
3
samples
5.6
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR3
See US coal mines ranked by silica in their dust samples.

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: 2012-06-05, 14 years ago
16%
over PEL
32
samples
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR9
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)8
  • CONTINUOUS MINER OPERATOR6
See US mines ranked by noise samples over the legal limit.
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
2012 94% 18
2011 90% 48
2010 77% 26
Silica (quartz) by year
Year silica avg (%) samples
2012 5.3 1
2011 5.6 1
2010 4.7 1
Noise by year
Year over PEL samples
2012 14% 14
2011 23% 13
2010 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

D-1 Mine recorded 25.19 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
ⓘ 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.
25.19
total case rate
8.40
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In Kentucky, coal mining averaged 4.35 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
2012 * 25.19 8.40 0.000
2011 * 14.30 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. Manalapan Mining Co., Inc. 2010 to 2016
  2. Montana Bakken, LLC 2016 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)
2023 0
2022 0
2021 0
2020 0
2019 1
2018 2
2017 2
2016 2
2015 1
2014 1
2013 1
2012 12 30,921
2011 20 32,347
2010 23 15,339
Source: MSHA quarterly employment and production, updated weekly.

D-1 Mine 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
2023 Q4 0 0 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 0 0 0
2022 Q1 0 0 0
2021 Q4 0 0 0
Show 39 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q3 0 1 0
2021 Q2 0 1 0
2021 Q1 0 1 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 2 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 1 0
2019 Q1 52 0 0 0.0
2018 Q4 52 1 0 19230.8
2018 Q3 52 0 0 0.0
2018 Q2 52 0 0 0.0
2018 Q1 52 0 0 0.0
2017 Q4 52 1 1 19230.8
2017 Q3 52 0 0 0.0
2017 Q2 52 0 0 0.0
2017 Q1 52 0 0 0.0
2016 Q4 269 0 0 0.0
2015 Q1 70 0 0 0.0
2014 Q4 30 1 0 33333.3
2014 Q3 45 1 0 22222.2
2014 Q2 60 0 0 0.0
2014 Q1 60 0 0 0.0
2013 Q4 30 0 0 0.0
2013 Q3 128 2 2 15625.0
2013 Q2 67 1 1 14925.4
2013 Q1 147 0 0 0.0
2012 Q4 489 1 0 2045.0
2012 Q3 663 2 1 3016.6
2012 Q2 13,633 32 20 2347.2
2012 Q1 9,037 44 20 4868.9
2011 Q4 837 3 1 3584.2
2011 Q3 10,879 12 7 1103.0
2011 Q2 9,502 9 8 947.2
2011 Q1 6,761 17 8 2514.4
2010 Q4 9,143 15 6 1640.6
2010 Q3 3,539 14 5 3955.9
No fatalities recorded at this mine.

Reportable incidents

12 on file

2013 · 1 incident

June 27, 2013 KY · Coal electrician, lineman ELECTRICAL
Manalapan Mining Co., Inc. · Contact with electrical current

Employee was getting ready to start building mine portal barricades when somehow or another the ground clamps and electrode holder got together while he was holding them.

2012 · 5 incidents

June 18, 2012 KY · Coal FALL OF ROOF OR BACK
Manalapan Mining Co., Inc. · Accident type, without injuries

A rock fall occurred in the #3 Entry (Belt Entry) at crosscut #21. The fall is approx. 34 FT. long, 49 FT. wide, and 10 FT. thick.

June 11, 2012 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
Manalapan Mining Co., Inc. · Fall onto or against objects

Employee was pulling roof bolt straps and tripped over a rock and fell against the mine rib.

June 6, 2012 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Manalapan Mining Co., Inc. · Struck by falling object

Employee was operating Roof Bolter, spot bolting on the oo1 MMU and a piece of rock fell from the mine roof approx. 2ft. x 1ft. x 2 inches and struck employee on the left side of body on the Ribs and lower back.

April 3, 2012 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Manalapan Mining Co., Inc. · Struck by falling object

Employee was operating roof bolter and as he started drill steel into the roof a piece of draw rock fell striking his left hand index finger requiring 9 stitches in finger.

March 21, 2012 KY · Coal FALL OF ROOF OR BACK
Manalapan Mining Co., Inc. · Accident type, without injuries

A Roof Fall occurred 21 crosscuts underground from the portal in the # 5 Entry. The fall measured 20'Long x 50' Wide falling from the gob hole thru #5 entry into #4 Right. The fall was approximately 4' to 8' thick.

2011 · 3 incidents

August 10, 2011 KY · Coal stopping builder, ventilation man, mason man, overcast HANDTOOLS (NONPOWERED)
Manalapan Mining Co., Inc. · Struck by falling object

Employee was cutting a band that was around a bundle of timbers, when the band broke the timbers rolled and pinned his leg against the scoop bucket.

July 15, 2011 KY · Coal mechanic helper POWERED HAULAGE
Manalapan Mining Co., Inc. · Caught in, under or between a moving and a stationary object

Employee was backing out of a shed on a three wheel buggy and pinched his hand between the shed door jam and the buggy steering handle cutting his hand and requiring stitches in his left hand.

March 31, 2011 KY · Coal FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Manalapan Mining Co., Inc. · Accident type, without injuries

#3 Entry (belt-line)- Around 2:20 P.M. on 3-31-11, A large piece of rock measuring approx. 16' wide, 10' high, and 2' thick, fell off the highwall knocking down part of the canopy and the Main Belt line.

2010 · 3 incidents

December 9, 2010 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Manalapan Mining Co., Inc. · Struck by... (Not Elsewhere Classified)

He was bolting top when the wrench slipped and hit him in the face or mouth.

November 23, 2010 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Manalapan Mining Co., Inc. · Struck by flying object

He was hanging a curtain at the miner in #3 heading. The conveyor chain hung up on side board. When it freed up it threw a piece of metal and struck him on the elbow on his left arm. A med treated him and took him to Dr. where he received 5 stitches to his left arm.

November 11, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech STRIKING OR BUMPING
Manalapan Mining Co., Inc. · Struck against stationary object

When getting down off of the belt structure EE's right elbow struck the fork on the fork lift.