Mining Incidents

D-5 Mine: 765 MSHA citations Coal

Rex Coal Company, Inc. · Underground
Controlled by Joseph T Bennett
Cloversplint, Harlan County, KY  ·  Temporarily Idled
MSHA Mine ID: 1519260

D-5 Mine has $232K in proposed MSHA penalties and $100K outstanding across 47 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
39
Years on record
2010–2017
Latest incident
Feb 2017
Compliance record
MSHA citations since 2009
765
citations
164
significant & substantial
$232,050
proposed penalties
$101,779
paid to date
44% of proposed penalties paid to date, a $130,271 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
139
inspections on record
10,708
inspection hours
7.1
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.
765 citations across 10,708 inspection hours.
Source: MSHA inspections data, updated weekly.

D-5 Mine has $232K in proposed MSHA penalties and $100K outstanding across 47 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.
$232K
proposed penalties
$202K
current assessed
$102K
paid to date
$100K
outstanding
740 assessments are final orders; 47 contested dockets.
Of $107K in penalties contested before the Commission, $74K was upheld in final decisions.
As of the most recent assessment on 2020-06-30.
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.
22.1%
significant & substantial
1.1%
high negligence or reckless
22.1%
reasonably likely or greater
9.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 8.9% low, 89.9% moderate, 1.1% 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.
108 citations taken to the federal commission · 14% of citations on record
  • Settled 108 · 100%
96%
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 78 decided S&S contests · industry: 79%
31%
Penalty reduction in decided contests
$107K proposed, $74K 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 2018-04-17.
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 2018-0240 Settlement Rae 2018 $37K → $21K
KENT 2014-490 Settlement Gill 2015 $9K → $7K
KENT 2014-0633 Settlement Feldman 2015 $8K → $6K
KENT 2012-1491 Settlement Feldman 2013 $6K → $4K
KENT 2014-0272 Settlement Andrews 2014 $6K → $4K
KENT 2014-0332 Settlement Andrews 2014 $5K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at D-5 Mine shows 99% of 1,161 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: 2018-05-22, 8 years ago
99%
within 1.5 mg/m3
1,161
samples
12.94
dust max (mg/m3)
4
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.
434 samples taken by MSHA inspectors, 727 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR530
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)170
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)68

Silica (quartz)

Last sampled: 2018-05-15, 8 years ago
7.8
silica avg (%)
39
samples
20.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR21
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)2

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: 2018-05-09, 8 years ago
7%
over PEL
151
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)31
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)24
  • CONTINUOUS MINER OPERATOR22
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% 84
2017 100% 172
2016 97% 144
2015 100% 60
2014 100% 86
2013 96% 144
2012 100% 137
2011 100% 136
2010 99% 113
2009 99% 85
Silica (quartz) by year
Year silica avg (%) samples
2018 9.3 4
2017 5.1 5
2016 6.0 6
2015 6.5 6
2014 8.9 2
2013 9.9 4
2012 7.5 2
2010 10.1 6
2009 8.7 4
Noise by year
Year over PEL samples
2018 20% 10
2017 7% 15
2016 0% 23
2015 8% 12
2014 0% 10
2013 0% 19
2012 4% 25
2011 15% 13
2010 21% 14
2009 10% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

D-5 Mine recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 * 0.00 0.00 0.000
2017 * 2.91 2.91 0.000
2016 * 2.09 2.09 0.000
2015 * 17.11 12.22 0.000
2014 7.72 1.93 0.000
2013 8.01 6.86 0.000
2012 4.70 4.70 0.000
2011 13.91 13.91 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. Rex Coal Co. Inc 2008 to 2015
  2. Hubble Mining Company, LLC. 2015 to 2018
  3. Rex Coal Company, Inc. 2018 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)
2020 4
2019 2
2018 14 41,307
2017 31 106,752
2016 37 127,239
2015 41 122,509
2014 41 184,864
2013 64 289,133
2012 82 322,789
2011 49 245,923
2010 35 165,141
2009 19 46,354
2008 4
Source: MSHA quarterly employment and production, updated weekly.

D-5 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
2020 Q1 956 0 0 0.0
2019 Q4 463 1 0 2159.8
2019 Q3 193 2 0 10362.7
2019 Q2 499 0 0 0.0
2019 Q1 417 2 0 4796.2
2018 Q4 585 3 1 5128.2
2018 Q3 427 2 0 4683.8
2018 Q2 12,718 18 4 1415.3
Show 39 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2018 Q1 14,443 22 5 1523.2
2017 Q4 15,071 19 6 1260.7
2017 Q3 16,872 22 3 1303.9
2017 Q2 19,145 33 10 1723.7
2017 Q1 17,628 23 4 1304.7
2016 Q4 17,400 50 14 2873.6
2016 Q3 39,944 28 2 701.0
2016 Q2 19,661 26 6 1322.4
2016 Q1 18,627 17 3 912.7
2015 Q4 23,576 25 4 1060.4
2015 Q3 21,002 35 6 1666.5
2015 Q2 15,320 12 3 783.3
2015 Q1 21,945 17 0 774.7
2014 Q4 21,149 9 3 425.6
2014 Q3 20,501 10 3 487.8
2014 Q2 24,073 16 5 664.6
2014 Q1 37,838 37 6 977.9
2013 Q4 44,100 18 4 408.2
2013 Q3 38,972 22 12 564.5
2013 Q2 45,839 22 2 479.9
2013 Q1 45,955 25 7 544.0
2012 Q4 56,998 20 4 350.9
2012 Q3 55,714 21 4 376.9
2012 Q2 54,571 23 11 421.5
2012 Q1 45,575 14 2 307.2
2011 Q4 41,741 21 3 503.1
2011 Q3 36,142 11 3 304.4
2011 Q2 37,812 9 0 238.0
2011 Q1 28,063 6 0 213.8
2010 Q4 29,650 6 0 202.4
2010 Q3 21,836 8 1 366.4
2010 Q2 24,200 4 0 165.3
2010 Q1 24,214 12 1 495.6
2009 Q4 18,881 15 2 794.4
2009 Q3 11,804 9 2 762.5
2009 Q2 13,346 4 0 299.7
2009 Q1 6,050 10 1 1652.9
2008 Q4 812 0 0 0.0
2008 Q3 808 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

39 on file

2017 · 1 incident

February 9, 2017 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
Hubble Mining Company, LLC. · Over-exertion (Not Elsewhere Classified)

Employee missed step on ladder on way down and injured right calf muscle.

2016 · 2 incidents

May 6, 2016 KY · Coal electrician, lineman OTHER
Hubble Mining Company, LLC. · Unclassified, insufficient data

No one witnessed accident leg was hurting and had some scrapes on face

2015 · 8 incidents

June 6, 2015 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Rex Coal Co. Inc · Struck by falling object

Employee raised up from the kneeled position to get a bar. A hammer was on the bar and fell striking him above the right eye.

June 4, 2015 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Rex Coal Co. Inc · Struck by... (Not Elsewhere Classified)

Employee was splicing a piece of conveyor belt when his hammer chipped. A piece of metal went into his right hand between his index finger and thumb.

May 11, 2015 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Rex Coal Co. Inc · Fall onto or against objects

Employee slipped and fell into miner heads while setting bits.

March 10, 2015 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Rex Coal Co. Inc · Over-exertion in lifting objects

Contract employee strained/pulled back muscles while carrying a planatary to the section power center.

February 2, 2015 KY · Coal scoop tram operator, load/haul/dump operator HANDLING OF MATERIALS
Rex Coal Co. Inc · Struck by falling object

Man door fell on employee's hand while scooping at #3 head drive. Hand was swollen and bruised.

January 12, 2015 KY · Coal electrician, lineman FALL OF ROOF OR BACK
Rex Coal Co. Inc · Struck by falling object

A piece of rock fell from the roof striking/pinning employee on the lower half of his right leg while he was working on the feeder. Resulted in a gash and broken leg.

2014 · 4 incidents

November 18, 2014 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Rex Coal Co. Inc · Over-exertion in lifting objects

Employee pulled groin area while picking up belt structure.

September 16, 2014 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Rex Coal Co. Inc · Struck by falling object

Employee dropped a "come-a-long" on his left foot while splicing a belt.

September 10, 2014 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Rex Coal Co. Inc · Struck by... (Not Elsewhere Classified)

Employee cut his right leg above knee while cutting a piece of belt., knife slipped and made a 2" incision.

June 16, 2014 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Rex Coal Co. Inc · Caught in, under or between a moving and a stationary object

Employee was riding mantrip when he was caught between the mine beams and the mantrip. He pulled a muscle in his lower back.

2013 · 7 incidents

September 9, 2013 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Rex Coal Co. Inc · Caught in, under or between a moving and a stationary object

Employee was roof bolting when he caught his left thumb between the mine top and the drill chuck on the roof bolter.

August 20, 2013 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Rex Coal Co. Inc · Over-exertion in lifting objects

Employee strained and pulled right arm tricep while shoveling belt line.

July 29, 2013 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Rex Coal Co. Inc · Struck by falling object

Employee dropped the continuous miner head motor on his right index finger.

May 28, 2013 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDTOOLS (NONPOWERED)
Rex Coal Co. Inc · Struck by flying object

A piece of debris in employees eye. Another miner was hammering and a piece of debris flew in employees eye.

April 16, 2013 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Rex Coal Co. Inc · Over-exertion in lifting objects

Employee strained back while hanging cable.

2012 · 5 incidents

June 5, 2012 KY · Coal continuous miner operator, coal mole operator FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Rex Coal Co. Inc · Struck by falling object

Ee was operating the miner when the rib rolled and hit him in the leg. It did not break any bones, but cause compartment syndrome about 12 hours after the accident. After another 12 to 15 hours, the swelling eased. No surgery or other medical treatment required. Should be back to work in a few days.

May 29, 2012 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Rex Coal Co. Inc · Over-exertion in lifting objects

Ee was working with the drill steel on a roof bolter when he pulled a muscle in his back. He is in physical therapy. Should be back to work in three or four weeks.

May 24, 2012 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Rex Coal Co. Inc · Fall from machine

Ee was riding the mantrip out at the end of the shift. His foot got caught on a piece of belt and pulled him so hard that he fell from the mantrip and broke his ankle. Surgery will be required and he will be off work for several weeks.

April 5, 2012 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Rex Coal Co. Inc · Struck by rolling or sliding object

Ee was helping get the miner un-stuck when the rib rolled striking his leg. This caused severe bruising and strain. He will be off for 2 or 3 weeks or so, with physical therapy and anti-blood clotting meds.

February 14, 2012 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Rex Coal Co. Inc · Over-exertion (Not Elsewhere Classified)

Ee twisted his knee while working on a scoop. No real problem at the time of occurrence, but the next morning his knee was swelled badly. Missed 4 days and came back in good shape.

2011 · 11 incidents

December 28, 2011 KY · Coal INUNDATION
Rex Coal Co. Inc · Accident type, without injuries

None injury. A pillar fall occurred and water came in later. It was discovered on pre-shift for the night shift.

December 8, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Rex Coal Co. Inc · Fall to the walkway or working surface

Ee was bolting the rib. He slipped and fell due to muddy bottom. This fall caused a strain in his back and hip. Was off work for two days and in physical therapy. Came back to work with no bad effects.

November 21, 2011 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Rex Coal Co. Inc · Struck by falling object

A brattice fell and hit the miner. It actually hurt his back, knee and thumb. Everything but the thumb got ok. The thumb had to have minor surgery. He missed two days for surgery and recoup and returned with no problems.

October 28, 2011 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Rex Coal Co. Inc · Struck by... (Not Elsewhere Classified)

Ee was cutting a piece of belt. His knife slipped and cut his hand. It required stitches, but no lasting damage. He took off one day and returned the next shift.

August 24, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Rex Coal Co. Inc · Over-exertion in wielding or throwing objects

Ee is a repairman. He was preparing a piece of equipment to work on it. He was replacing the cable. When he threw it over the equipment to the side he pulled his back. The doctor is doing tests. Too soon to say how long he will be off.

August 11, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Rex Coal Co. Inc · Struck by falling object

A piece of draw rock fell from top and hit Ee on foot and ankle. Went to doctor to get checked out. Nothing broken, just strains. Ee went back to work after one day off

July 15, 2011 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Rex Coal Co. Inc · Over-exertion in lifting objects

Ee was loading belt on 7-15-11 when he developed pain in his left shoulder. He worked several more shifts before going to the doctor. His first day off work was 8-5-11. The doctor found that he had a tear in his rotator cuff. Surgery is required and Ee will be off work for several weeks.

June 29, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Rex Coal Co. Inc · Struck by falling object

Ee was bolting. A piece of drill steel got loose and hit him in the mouth, knocking out three teeth. Other than needing a partial denture, Ee is in good shape. The dentist allowed him one day off.

June 1, 2011 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Rex Coal Co. Inc · Absorption of radiations, caustics, toxic and noxious substances

When Ee removed check plug from the miner head, oil flew out into his face. Oil and metal shavings got into his eye. Missed three days work, but his eye is not going to have any damage.

May 9, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Rex Coal Co. Inc · Fall to the walkway or working surface

Ee was walking toward face from the mantrip when he fell and hurt his knee. The doctors are saying that surgery is needed due to torn ligaments. Ee will be off work for a few weeks.

March 1, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Rex Coal Co. Inc · Struck by falling object

A rock came dislodged and hit EE in the leg. The doctor took x-rays and found no problems. EE only missed one day and is having no further problems.

2010 · 1 incident

February 5, 2010 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Rex Coal Co. Inc · Struck by... (Not Elsewhere Classified)

While drilling a hole for a roof bolt, the drill steel hit EE in mouth. This cut his lip and chipped his teeth. Stitches fixed his lip and a dentist took care of his teeth. Missed one day of work. Back to full duty with no problems.