Mining Incidents

Deane #1: 940 MSHA citations Coal

Deane Mining LLC · Underground
Deane, Letcher County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518569

Deane #1 has $309K in proposed MSHA penalties and $89K outstanding across 23 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
24
Years on record
2003–2011
Latest incident
Jul 2011
Compliance record
MSHA citations since 2002
940
citations
304
significant & substantial
$309,147
proposed penalties
$190,144
paid to date
62% of proposed penalties paid to date, a $119,003 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
105
inspections on record
6,208
inspection hours
15.1
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.
940 citations across 6,208 inspection hours.
Source: MSHA inspections data, updated weekly.

Deane #1 has $309K in proposed MSHA penalties and $89K outstanding across 23 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.
$309K
proposed penalties
$279K
current assessed
$190K
paid to date
$89K
outstanding
916 assessments are final orders; 23 contested dockets.
Of $89K in penalties contested before the Commission, $59K was upheld in final decisions.
As of the most recent assessment on 2011-10-28.
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.
33.2%
significant & substantial
4.8%
high negligence or reckless
33.2%
reasonably likely or greater
7.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.1% low, 92.1% moderate, 4.8% 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.
58 citations taken to the federal commission · 6% of citations on record
  • Settled 57 · 98%
  • Stood as issued 1 · 2%
83%
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 52 decided S&S contests · industry: 79%
34%
Penalty reduction in decided contests
$89K proposed, $59K 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 2011-12-09.
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 2012-93 Settlement Andrews 2013 $15K → $10K
KENT 2011-1320 Settlement Andrews 2012 $12K → $9K
KENT 2011-1570 Settlement Lesnick 2012 $10K → $9K
KENT 2009-646 Settlement Miller 2010 $9K → $2K
KENT 2012-338 Settlement Andrews 2013 $6K → $2K
KENT 2011-1462 Settlement Andrews 2013 $6K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Deane #1 shows 95% of 545 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: 2011-09-27, 14 years ago
95%
within 1.5 mg/m3
545
samples
4.36
dust max (mg/m3)
286 samples taken by MSHA inspectors, 259 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR175
  • CONTINUOUS MINER OPERATOR109
  • SCOOP CAR OPERATOR71

Silica (quartz)

Last sampled: 2011-06-07, 15 years ago
3.3
silica avg (%)
21
samples
11.8
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR10
  • CONTINUOUS MINER OPERATOR6

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: 2011-08-25, 15 years ago
2%
over PEL
51
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR14
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
  • COAL DRILL OPERATOR5
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
2011 98% 48
2010 96% 56
2009 100% 77
2008 96% 51
2007 91% 53
2006 95% 42
2005 94% 68
2004 100% 66
2003 88% 84
Silica (quartz) by year
Year silica avg (%) samples
2011 5.6 2
2010 5.3 1
2009 2.8 3
2008 2.6 3
2007 8.8 1
2006 5.6 4
2005 1.1 1
2004 1.1 1
2003 0.6 5
Noise by year
Year over PEL samples
2011 0% 6
2010 0% 1
2009 0% 11
2008 0% 6
2006 0% 6
2005 0% 11
2004 20% 5
2003 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Deane #1 recorded 8.84 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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.
8.84
total case rate
2.95
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Kentucky, coal mining averaged 4.28 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
2011 * 8.84 2.95 0.000
2010 * 5.39 0.00 0.000
2009 * 6.12 4.08 0.000
2008 * 10.58 0.00 0.000
2007 * 13.63 13.63 0.000
2005 * 18.17 9.09 0.000
2004 * 0.00 0.00 0.000
2003 * 8.55 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. Yonts Coal Co., L. L. C. 2002 to 2006
  2. Lexie Coal Co., Inc 2006 to 2008
  3. Deane Mining LLC 2008 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)
2012 0
2011 23 101,702
2010 29 162,697
2009 44 193,932
2008 21 78,354
2007 15 101,022
2006 21 99,475
2005 23 166,244
2004 12 109,884
2003 12 111,860
Source: MSHA quarterly employment and production, updated weekly.

Deane #1 sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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
2012 Q1 0 0 0
2011 Q4 1,100 2 0 1818.2
2011 Q3 25,060 54 19 2154.8
2011 Q2 21,680 29 10 1337.6
2011 Q1 20,023 57 13 2846.7
2010 Q4 18,045 25 3 1385.4
2010 Q3 18,609 23 4 1236.0
2010 Q2 17,815 31 9 1740.1
Show 28 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q1 19,797 20 4 1010.3
2009 Q4 24,827 31 9 1248.6
2009 Q3 24,259 31 2 1277.9
2009 Q2 23,269 30 5 1289.3
2009 Q1 25,673 14 6 545.3
2008 Q4 17,464 54 14 3092.1
2008 Q3 13,546 8 2 590.6
2008 Q2 763 0 0 0.0
2008 Q1 6,037 32 7 5300.6
2007 Q4 8,793 31 5 3525.5
2007 Q3 7,227 22 3 3044.1
2007 Q2 5,758 40 10 6946.9
2007 Q1 7,572 10 4 1320.7
2006 Q3 3,187 29 11 9099.5
2006 Q2 13,072 19 12 1453.5
2006 Q1 12,907 30 5 2324.3
2005 Q4 12,619 36 12 2852.8
2005 Q3 10,766 19 7 1764.8
2005 Q2 10,941 28 19 2559.2
2005 Q1 9,697 10 2 1031.2
2004 Q4 6,855 13 6 1896.4
2004 Q3 5,684 12 5 2111.2
2004 Q2 5,848 36 21 6156.0
2004 Q1 5,670 18 6 3174.6
2003 Q4 6,602 23 15 3483.8
2003 Q3 6,379 37 19 5800.3
2003 Q2 6,705 20 12 2982.8
2003 Q1 3,711 20 4 5389.4
No fatalities recorded at this mine.

Reportable incidents

24 on file

2011 · 4 incidents

July 25, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler ELECTRICAL
Deane Mining LLC · Contact with electrical current

Loading Hi-line in scoop, he grabed pump cable and felt shock in arm, hand and down right side. He did not seek any medical treatment. He went back to work the next day.

June 10, 2011 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Deane Mining LLC · Struck by... (Not Elsewhere Classified)

EE was setting timbers. A co-worker tossed him a timber and it bounced and landed on his right foot.

June 3, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Deane Mining LLC · Struck against stationary object

Employee struck his left ear against torque tension bolt lacerating his ear which required.

February 28, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Deane Mining LLC · Struck by... (Not Elsewhere Classified)

Employee was trimming belt skirting, when the knife went through material and cut his right index finger, requiring 18 stitches.

2010 · 5 incidents

October 4, 2010 KY · Coal FALL OF ROOF OR BACK
Deane Mining LLC · Accident type, without injuries

A roof fall has occurred in the #6 entry on the northwest panel #5, 150 feet inby spad # 1788. It fell betrween the blocks between the last and nect to last break forming the bleeder across the panel. The fall measured 18 ft wide, 50 feet long adn 3 to 5 feet high. Persons, ventilation, equipment nor travel were impedded. This area wil not be rehabilitated.

August 5, 2010 KY · Coal FALL OF ROOF OR BACK
Deane Mining LLC · Accident type, without injuries

A roof fall occurred at the bleeder, next to the last open crosscut between #2 and #3 entry. The fall measured 18 feet wide, 50 feet long & 6 feet thick. Persons, equipment nor ventilation were effected. This area will not be rehabilitated.

July 30, 2010 KY · Coal FALL OF ROOF OR BACK
Deane Mining LLC · Accident type, without injuries

A roof fall occurred at the #1 belt in the #3 entry at break # 25. The roof fall measured 18 feet wide, 50 feet long and 5 feet thick. Persons, equipment nor ventilation were effected. This area will not be rehabilitated.

March 3, 2010 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Deane Mining LLC · Over-exertion (Not Elsewhere Classified)

Employees back started hurting after hanging car anchor. Placed on restricted duty.

January 28, 2010 KY · Coal electrician, lineman HANDLING OF MATERIALS
Deane Mining LLC · Struck against stationary object

Employee was hammering bull gears on head drive when his knuckle hit gear teeth lacerating finger on right hand requiring a staple.

2009 · 4 incidents

May 10, 2009 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator SLIP OR FALL OF PERSON
Deane Mining LLC · Fall onto or against objects

Employee was outside loading top structure into scoop when he tripped on a cable and his back.

May 1, 2009 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Deane Mining LLC · Over-exertion in lifting objects

Employee picked up nail board and turned around to empty it when he felt pain in his lower back and placed on restricted duty.

February 11, 2009 KY · Coal continuous miner operator, coal mole operator POWERED HAULAGE
Deane Mining LLC · Struck against a moving object

Employee was in a shuttle car heading to miner when it hit a hole and threw his head into the canopy.

2008 · 3 incidents

November 20, 2008 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss POWERED HAULAGE
Deane Mining LLC · Struck against stationary object

Employee was operating a three wheeler under a low roof when he hit a rock and tried to his head down. When he ducked his head, it hit the battery lid causing a laceration which required two staples.

November 5, 2008 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDTOOLS (NONPOWERED)
Deane Mining LLC · Struck by flying object

Employee was hitting broken shaft with hammer to get it out of feeder when a piece of metal chipped off and went into thigh. Employee voluntarily quit before returning to position.

August 20, 2008 KY · Coal INUNDATION
Deane Mining LLC · Accident type, without injuries

A Coal bank that was not mapped was mined into. No injury or illness resulted and ventilation nor equipment was affected.

2007 · 2 incidents

December 3, 2007 KY · Coal cutting machine operator, ripper, universal operator POWERED HAULAGE
Lexie Coal Co., Inc · Struck by flying object

EE was operating a S&S Scoop, tire of scoop on operators side caused dust particles to go airborne, thus entering into EE's right eye. EE continued to work until 9:15pm, left and went to a hospital for evaluation. Results were a scratched eye. EE returned to owrk on 12/5/07 (eve) shift.

May 4, 2007 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Lexie Coal Co., Inc · Struck against a moving object

Scoop operator asked if two other employees saw the scoop bounce upward, stating that it bounced and hurt his back. This was the haul road on the section to dumping point, which at times can have adverse bottom, in which speed of machine could cause injury if in excess.

2006 · 1 incident

January 10, 2006 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss OTHER
Yonts Coal Co., L. L. C. · (Not Elsewhere Classified)

unknown

2005 · 4 incidents

November 9, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Yonts Coal Co., L. L. C. · Struck by falling object

He dropped a bundle of roof bolt plates and cut his arm. Took 4 staples to close wound.

August 3, 2005 KY · Coal cutting machine operator, ripper, universal operator FALL OF ROOF OR BACK
Yonts Coal Co., L. L. C. · Struck by falling object

WHILE OPERATING CUTTER MACHINE, PIECE OF ROCK FELL BETWEEN ROOF BOLTS AND STRUCK HIM IN THE BACK

February 24, 2005 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey OTHER
Yonts Coal Co., L. L. C. · Unclassified, insufficient data

EMPLOYEE COMPLAINED OF BACK PAIN AT END OF SHIFT AND STATED IT WAS AN OLD INJURY.

February 9, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Yonts Coal Co., L. L. C. · Struck against stationary object

EE STATED HE CUT HAND ON PLATES WHICH REQUIRED HAVING SUTURES.

2003 · 1 incident

March 6, 2003 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Yonts Coal Co., L. L. C. · Struck against stationary object

HAD SEAT PROPPED UP ON SCOOP WENT INTO LOW TOP AND RAN HEAD INTO TOP.