Mining Incidents

Day Branch: 62 MSHA citations Coal

Controlled by Thomas R Hamilton
Cawood, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1519757

Day Branch has $8K in proposed MSHA penalties and $6 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2018–2019
Latest incident
Sep 2019
Compliance record
MSHA citations since 2015
62
citations
4
significant & substantial
$8,181
proposed penalties
$7,713
paid to date
94% of proposed penalties paid to date, a $468 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2014
22
inspections on record
1,318
inspection hours
4.7
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.
62 citations across 1,318 inspection hours.
Source: MSHA inspections data, updated weekly.

Day Branch has $8K in proposed MSHA penalties and $6 outstanding across 2 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.
$8K
proposed penalties
$8K
current assessed
$8K
paid to date
$6
outstanding
62 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2019-11-13.
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.
6.5%
significant & substantial
0.0%
high negligence or reckless
6.5%
reasonably likely or greater
6.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 75.8% low, 24.2% moderate, 0.0% 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.
11 citations taken to the federal commission · 18% of citations on record
  • Settled 11 · 100%
75%
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 4 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$2K proposed, $2K 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 2018-10-31.
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 2019-0017 Settlement Feldman 2019 $2K → $1K
KENT 2016-0439 Prevail Simonton 2017 $634 → $500
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Day Branch shows 100% of 131 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: 2019-12-09, 6 years ago
100%
within 1.5 mg/m3
131
samples
0.78
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.
69 samples taken by MSHA inspectors, 62 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR57
  • HIGHWALL DRILL OPERATOR46
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE13

Silica (quartz)

Last sampled: 2019-09-11, 6 years ago
11.0
silica avg (%)
15
samples
19.4
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR8
  • HIGHWALL DRILL OPERATOR7

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: 2019-07-10, 7 years ago
0%
over PEL
55
samples
Most-sampled occupations
  • BULLDOZER OPERATOR17
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE12
  • HIGHLIFT OPERATOR/FRONT END LOADER9
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
2019 100% 25
2018 100% 28
2017 100% 26
2016 100% 41
2015 100% 11
Silica (quartz) by year
Year silica avg (%) samples
2019 13.2 5
2018 6.8 3
2017 13.9 3
2016 9.2 4
Noise by year
Year over PEL samples
2019 0% 10
2018 0% 15
2017 0% 5
2016 0% 20
2015 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Day Branch recorded 7.39 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
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.
7.39
total case rate
7.39
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
In Kentucky, coal mining averaged 4.10 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
2019 * 7.39 7.39 0.000
2018 1.67 1.67 0.000
2017 0.00 0.00 0.000
2016 * 0.00 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. Nally & Hamilton Enterprises Inc. 2014 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 10 5,391
2019 31 117,846
2018 34 330,678
2017 36 294,482
2016 34 310,980
2015 27 129,367
Source: MSHA quarterly employment and production, updated weekly.

Day Branch 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 Q2 5,067 0 0 0.0
2020 Q1 5,266 0 0 0.0
2019 Q4 12,109 5 0 412.9
2019 Q3 13,131 2 0 152.3
2019 Q2 25,465 2 0 78.5
2019 Q1 30,431 1 0 32.9
2018 Q4 36,995 5 0 135.2
2018 Q3 34,130 10 2 293.0
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2018 Q2 26,352 0 0 0.0
2018 Q1 22,631 4 0 176.7
2017 Q4 28,761 0 0 0.0
2017 Q3 30,123 0 0 0.0
2017 Q2 29,301 3 0 102.4
2017 Q1 24,720 4 0 161.8
2016 Q4 27,438 3 0 109.3
2016 Q3 25,738 0 0 0.0
2016 Q2 24,699 1 0 40.5
2016 Q1 21,948 1 0 45.6
2015 Q4 20,280 5 1 246.5
2015 Q3 22,950 1 0 43.6
2015 Q2 5,329 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2019 · 3 incidents

July 23, 2019 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Nally & Hamilton Enterprises Inc. · Struck by flying object

Employee was working on segments on D11 Dozer when EE was hitting with hammer a piece of metal flew off and hit EE on right shoulder embedding itself. Worked until EE had surgery on shoulder 7-30-19.

March 18, 2019 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc. · Fall from machine

Employee was climbing up ladder on 930 Loader to start it, when the ladder broke and ee fell skinning shin below left knee, ee just went to a doctor for this injury 3-25-19.

2018 · 1 incident

December 17, 2018 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Nally & Hamilton Enterprises Inc. · Struck against a moving object

Employee was backing up D11 Dozer when EE back over a rock and jarred EE's left shoulder.