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.
473 citations across 3,605 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.
1
Section 107(a) orders
Most recent order: 2013-06-20.
On record since 2013.
Source: MSHA imminent-danger order records, updated weekly.
Diablo 2A has $164K in proposed MSHA penalties and $152K outstanding across 6 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.
$164K
proposed penalties
$164K
current assessed
$12K
paid to date
$152K
outstanding
456 assessments are final orders; 6 contested dockets.
Of $22K in penalties contested before the Commission, $22K was upheld in final decisions.
As of the most recent assessment on 2013-08-05.
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.
24citations taken to the federal commission · 5% of citations on record
Stood as issued
24 · 100%
100%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 12 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$22K proposed, $22K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2013-06-20.
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 Diablo 2A shows 89% of 208 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: 2012-07-30, 14 years ago
89%
within 1.5 mg/m3
208
samples
4.90
dust max (mg/m3)
111 samples taken by MSHA inspectors, 97 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.
Diablo 2A recorded 4.61 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.
4.61
total case rate
0.00
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 *
4.61
0.00
0.000
2011 *
13.25
10.60
0.000
2010 *
18.27
9.13
0.000
2009 *
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.
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
5
2012
28
66,558
2011
36
105,213
2010
31
62,802
2009
25
56,446
2008
12
15,724
Source: MSHA quarterly employment and production, updated weekly.
Diablo 2A sits in Magoffin County, Kentucky, where the Census mining category is 2.7% 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.
Magoffin County, Kentucky · Population 11,495
2.7%
Mining share of county employment
$33,632
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
1,618
3
1
1854.1
2013 Q2
2,137
11
1
5147.4
2013 Q1
468
7
5
14957.3
2012 Q4
684
0
0
0.0
2012 Q3
11,570
48
7
4148.7
2012 Q2
15,249
33
9
2164.1
2012 Q1
15,866
45
13
2836.3
2011 Q4
17,853
22
10
1232.3
Show 13 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2011 Q3
19,035
32
5
1681.1
2011 Q2
20,433
25
5
1223.5
2011 Q1
18,167
20
5
1100.9
2010 Q4
22,542
27
9
1197.8
2010 Q3
15,129
28
9
1850.8
2010 Q2
1,495
11
4
7357.9
2010 Q1
4,629
13
3
2808.4
2009 Q4
9,309
46
8
4941.5
2009 Q3
11,981
26
13
2170.1
2009 Q2
13,250
11
2
830.2
2009 Q1
7,347
36
15
4900.0
2008 Q4
7,431
10
5
1345.7
2008 Q3
2,151
10
3
4649.0
No fatalities recorded at this mine.
Reportable incidents
14 on file
2013 · 1 incident
August 1, 2013KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
Repairing ram car wheel. Another employee operating separate ram car struck a 4 wheeler and then it rolled into the ram car EE was repairing striking him in leg.
October 8, 2010KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY