Diablo West Surface has $88K in proposed MSHA penalties and $8K outstanding across 6 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
18
Years on record
2009–2014
Latest incident
Dec 2014
Compliance record
MSHA citations since 2008
257
citations
122
significant & substantial
$87,939
proposed penalties
$76,317
paid to date
87% of proposed penalties paid to date, a $11,622 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.
257 citations across 3,093 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: 2010-08-24.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.
Diablo West Surface has $88K in proposed MSHA penalties and $8K 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.
$88K
proposed penalties
$85K
current assessed
$76K
paid to date
$8K
outstanding
247 assessments are final orders; 6 contested dockets.
Of $22K in penalties contested before the Commission, $18K was upheld in final decisions.
As of the most recent assessment on 2016-07-20.
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.
16citations taken to the federal commission · 6% of citations on record
Settled
14 · 88%
Stood as issued
2 · 13%
86%
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 14 decided S&S contests · industry: 79%
15%
Penalty reduction in decided contests
$22K proposed, $18K 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 2014-05-19.
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 West Surface shows 100% of 108 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: 2016-07-20, 10 years ago
100%
within 1.5 mg/m3
108
samples
1.18
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.
98 samples taken by MSHA inspectors, 10 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 West Surface recorded 5.51 reportable injury cases per 100 full-time workers in 2014.
Injury rate, 2014
ⓘ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.
5.51
total case rate
5.51
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 2.93 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 cases per 100 workers that year.
Year
total case rate
days-away
fatal
2014
5.51
5.51
0.000
2013
0.74
0.74
0.000
2012
0.00
0.00
0.000
2011
0.00
0.00
0.000
2010
1.44
1.44
0.000
2009 *
5.34
2.67
0.000
2008 *
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)
2017
0
2016
0
2015
10
61,067
2014
73
596,252
2013
108
861,908
2012
122
920,997
2011
89
616,383
2010
56
422,079
2009
36
193,685
2008
40
262,422
2007
0
Source: MSHA quarterly employment and production, updated weekly.
Diablo West Surface 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
2017 Q3
0
0
0
2016 Q4
0
0
0
2016 Q3
0
0
0
2016 Q2
0
0
0
2016 Q1
0
0
0
2015 Q4
0
0
0
2015 Q3
0
0
0
2015 Q2
0
0
0
Show 30 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2015 Q1
17,885
2
1
111.8
2014 Q4
37,714
0
0
0.0
2014 Q3
38,870
18
14
463.1
2014 Q2
43,777
0
0
0.0
2014 Q1
61,007
4
4
65.6
2013 Q4
61,459
1
0
16.3
2013 Q3
67,953
0
0
0.0
2013 Q2
72,594
3
1
41.3
2013 Q1
66,573
5
1
75.1
2012 Q4
70,276
0
0
0.0
2012 Q3
77,743
0
0
0.0
2012 Q2
71,412
10
2
140.0
2012 Q1
88,873
5
1
56.3
2011 Q4
56,636
0
0
0.0
2011 Q3
78,940
6
3
76.0
2011 Q2
51,545
0
0
0.0
2011 Q1
50,602
5
1
98.8
2010 Q4
44,711
0
0
0.0
2010 Q3
35,685
9
3
252.2
2010 Q2
30,447
4
3
131.4
2010 Q1
27,597
15
6
543.5
2009 Q4
25,029
0
0
0.0
2009 Q3
9,240
3
1
324.7
2009 Q2
4,038
0
0
0.0
2009 Q1
36,606
9
5
245.9
2008 Q4
40,560
0
0
0.0
2008 Q3
25,207
0
0
0.0
2008 Q2
23,214
3
0
129.2
2008 Q1
6,765
2
0
295.6
2007 Q4
0
0
0
No fatalities recorded at this mine.
Reportable incidents
18 on file
2014 · 7 incidents
December 3, 2014KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSLIP OR FALL OF PERSON
Employee was changing tires on a 988 loader. He was using a hydraulic jack to brake down tire from rim. While under pressure the jack slipped and struck employee in the head.
September 20, 2014KY · Coalgreaser, grease man, oiler, lube man, dragline oilerHANDLING OF MATERIALS
Employee was climbing into the side of the Mack grease truck when he felt something tear in his left groin area. He was taken to the hospital and they found a torn hernia.
August 20, 2014KY · Coalrotary bucket excavator operatorPOWERED HAULAGE
EE was operating a CAT 785D rock truck hauling to the area 7 dump site. When he backed up to the berm and stopped he felt the right rack of the truck to sat down and the truck turned over on its tap. EE was taken to the hospital by ambulance. EE was wearing a seat belt.
Employee was changing fuel filters on the CAT 345 Excavator when he got fuel on his hands after changing the filter he got down on the ground and struck a cigarette lighter to lite a cigarette catching his right hand on fire. Employee was taken to the hospital and received 2nd degree burn.
March 11, 2014KY · Coalrotary bucket excavator operatorFIRE
EE was going to help a co-worker when his hand caught on fire. EE hit his head on the engine compartment door resulting in him receiving 15 stitches in the left side of his forehead. EE was wearing his hard hat.
March 3, 2014KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSLIP OR FALL OF PERSON
EE was installing a set of chains on a 14H cat grader when he slipped and fell on snow covered ground. He landed on his backside. EE returned to on 3-7-14 he also went back to the doctor on 3-18-14 for a follow up visit and he was taken off work again for 1 week. EE work March 7th, 8th and 10th.
2013 · 4 incidents
November 20, 2013KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techMACHINERY
Operator was climbing down the ladder of a 740 swivel truck when he lost his footing causing him to fall to the ground landing on his right arm and shoulder.
May 3, 2013KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDTOOLS (NONPOWERED)
He was changing the starter on a Kenworth mechanic truck when the wrench he was using broke and cut his arm. He was taken to the ER and received 14 Stitches. He returned to work that day.
A Komatsu PC360 excavator was tramming towards a burning bush fire when it caught on fire under the cab. Forensic fire investigators have not yet determined the source of ignition. This is a non-injury accident.
2012 · 2 incidents
December 13, 2012KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
EE contract mechanics was changing hydraulic hose when operator bumped control on Ingersoll Rand Drill unit #64-7864 causing hydraulic oil to inject under skin of index finger on left hand.
2011 · 1 incident
March 25, 2011KY · Coalwelder (shop)DISORDERS (REPEATED TRAUMA)