D & C Mining Corporation has $4.1M in proposed MSHA penalties and $3.3M outstanding across 74 contested dockets, plus health sampling and the full incident record.
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Fatalities
1
Total incidents
14
Years on record
2002–2011
Latest incident
Nov 2011
Compliance record
MSHA citations since 2000
2,423
citations
942
significant & substantial
$4,141,260
proposed penalties
$417,023
paid to date
10% of proposed penalties paid to date, a $3,724,237 gap.
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.
2,423 citations across 9,639 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
ⓘA Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
2
Section 107(a) orders
Most recent order: 2011-11-04.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.
D & C Mining Corporation has $4.1M in proposed MSHA penalties and $3.3M outstanding across 74 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.
$4.1M
proposed penalties
$3.7M
current assessed
$417K
paid to date
$3.3M
outstanding
2,323 assessments are final orders; 74 contested dockets.
Of $2.0M in penalties contested before the Commission, $1.6M was upheld in final decisions.
As of the most recent assessment on 2014-02-24.
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.
738citations taken to the federal commission · 30% of citations on record
Settled
551 · 75%
Stood as issued
186 · 25%
Vacated or withdrawn
1 · 0%
99%
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 267 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$2.0M proposed, $1.6M 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 2013-01-07.
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 D & C Mining Corporation shows 92% of 796 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: 2012-10-17, 13 years ago
92%
within 1.5 mg/m3
796
samples
4.22
dust max (mg/m3)
454 samples taken by MSHA inspectors, 342 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.
D & C Mining Corporation recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 *
0.00
0.00
0.000
2011 *
4.79
0.00
0.000
2010 *
9.06
9.06
0.000
2009 *
4.76
4.76
4.759
2008 *
0.00
0.00
0.000
2007 *
0.00
0.00
0.000
2006 *
0.00
0.00
0.000
2005 *
9.32
9.32
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)
2013
0
2012
16
35,886
2011
20
81,755
2010
24
96,347
2009
22
164,725
2008
23
232,796
2007
22
147,478
2006
28
135,772
2005
24
98,797
2004
25
128,034
2003
17
111,020
2002
15
53,050
2001
10
9,283
2000
2
4,489
Source: MSHA quarterly employment and production, updated weekly.
D & C Mining Corporation 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
2013 Q3
0
4
1
2013 Q2
0
6
0
2013 Q1
0
1
0
2012 Q4
2,994
24
4
8016.0
2012 Q3
8,426
62
22
7358.2
2012 Q2
3,678
59
15
16041.3
2012 Q1
7,339
119
34
16214.7
2011 Q4
9,797
94
32
9594.8
Show 45 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2011 Q3
11,640
71
29
6099.7
2011 Q2
10,121
57
15
5631.9
2011 Q1
10,226
47
19
4596.1
2010 Q4
9,257
50
13
5401.3
2010 Q3
11,128
83
34
7458.7
2010 Q2
12,078
90
54
7451.6
2010 Q1
11,676
79
28
6766.0
2009 Q4
9,308
46
14
4942.0
2009 Q3
11,109
106
35
9541.8
2009 Q2
11,097
17
7
1531.9
2009 Q1
10,513
26
8
2473.1
2008 Q4
12,465
51
26
4091.5
2008 Q3
11,486
34
7
2960.1
2008 Q2
12,221
67
21
5482.4
2008 Q1
11,119
37
12
3327.6
2007 Q4
10,630
69
25
6491.1
2007 Q3
9,402
43
13
4573.5
2007 Q2
10,830
53
22
4893.8
2007 Q1
10,247
71
39
6928.9
2006 Q4
12,088
42
23
3474.5
2006 Q3
12,256
56
18
4569.2
2006 Q2
10,922
45
21
4120.1
2006 Q1
12,116
47
23
3879.2
2005 Q4
11,410
37
14
3242.8
2005 Q3
11,089
42
14
3787.5
2005 Q2
9,538
43
17
4508.3
2005 Q1
10,866
47
19
4325.4
2004 Q4
13,633
44
8
3227.5
2004 Q3
11,972
23
14
1921.1
2004 Q2
9,524
46
22
4829.9
2004 Q1
8,153
20
9
2453.1
2003 Q4
10,126
38
10
3752.7
2003 Q3
8,430
37
17
4389.1
2003 Q2
7,579
25
10
3298.6
2003 Q1
6,390
21
13
3286.4
2002 Q4
7,585
64
34
8437.7
2002 Q3
5,479
80
43
14601.2
2002 Q2
5,353
50
26
9340.6
2002 Q1
3,595
28
18
7788.6
2001 Q3
2,888
3
0
1038.8
2001 Q1
2,621
28
9
10682.9
2000 Q4
3,120
16
5
5128.2
2000 Q3
16
14
9
875000.0
2000 Q2
0
0
0
2000 Q1
0
0
0
Fatalities at this mine
1 recorded
June 9, 2009KY · Coalbull gang foreman, labor foreman, leadman, section foreman, shift bossFatality · POWERED HAULAGE
Supply car was bringing concrete block into break to build permanent stoppings when chain broke letting supply car roll through curtain crushing foreman between supply car and 94L bridge causing fatal injury.