Mining Incidents

Doty Creek: 244 MSHA citations Coal

Controlled by Thomas R Hamilton
Isom, Letcher County, KY  ·  Abandoned
MSHA Mine ID: 1518323

Doty Creek has $36K in proposed MSHA penalties and $1K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
10
Years on record
2001–2012
Latest incident
Dec 2012
Compliance record
MSHA citations since 2001
244
citations
80
significant & substantial
$36,330
proposed penalties
$34,527
paid to date
95% of proposed penalties paid to date, a $1,803 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
50
inspections on record
1,565
inspection hours
15.6
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.
244 citations across 1,565 inspection hours.
Source: MSHA inspections data, updated weekly.

Doty Creek has $36K in proposed MSHA penalties and $1K outstanding across 3 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.
$36K
proposed penalties
$36K
current assessed
$35K
paid to date
$1K
outstanding
242 assessments are final orders; 3 contested dockets.
Of $8K in penalties contested before the Commission, $8K was upheld in final decisions.
As of the most recent assessment on 2013-03-20.
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.
33.1%
significant & substantial
2.1%
high negligence or reckless
33.1%
reasonably likely or greater
9.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.4% low, 90.5% moderate, 2.1% 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.
6 citations taken to the federal commission · 2% of citations on record
  • Stood as issued 6 · 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 3 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$4K proposed, $4K 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 2012-04-20.
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.
Docket Decision Judge Year Proposed / upheld
KENT 2012-903 Default Lesnick 2012 $4K → $4K
KENT20030262 Settlement Bulluck 2003 $2K → $2K
KENT 2003-381 Settlement Zielinski 2003 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Doty Creek shows 100% of 173 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: 2012-09-13, 13 years ago
100%
within 1.5 mg/m3
173
samples
0.86
dust max (mg/m3)
105 samples taken by MSHA inspectors, 68 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER67
  • BULLDOZER OPERATOR50
  • BLASTER/SHOOTER/SHOTFIRER20

Silica (quartz)

Last sampled: 2006-04-03, 20 years ago
24.2
silica avg (%)
7
samples
54.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • BLASTER/SHOOTER/SHOTFIRER1
  • HIGHLIFT OPERATOR/FRONT END LOADER1

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: 2012-02-28, 14 years ago
0%
over PEL
30
samples
Most-sampled occupations
  • BULLDOZER OPERATOR10
  • HIGHLIFT OPERATOR/FRONT END LOADER7
  • HIGHWALL 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
2012 100% 17
2007 100% 1
2006 100% 32
2005 100% 13
2004 100% 23
2003 100% 43
2002 100% 25
2001 100% 19
Silica (quartz) by year
Year silica avg (%) samples
2006 54.3 1
2003 2.1 1
2002 19.6 2
2001 24.5 3
Noise by year
Year over PEL samples
2012 0% 7
2006 0% 5
2004 0% 10
2003 0% 5
2002 0% 2
2001 0% 1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Doty Creek recorded 3.98 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.
3.98
total case rate
3.98
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.
Year total case rate days-away fatal
2012 3.98 3.98 0.000
2006 5.57 3.71 0.000
2005 1.56 1.56 0.000
2004 1.93 1.93 0.000
2003 * 2.28 2.28 0.000
2002 * 0.00 0.00 0.000
2001 * 2.08 2.08 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 2001 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)
2013 10 59,199
2012 37 340,086
2010 0
2008 0
2007 8 40,856
2006 38 429,430
2005 40 527,328
2004 35 456,876
2003 31 379,210
2002 36 415,037
2001 39 403,206
Source: MSHA quarterly employment and production, updated weekly.

Doty Creek 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
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 12,465 4 1 320.9
2012 Q4 24,869 0 0 0.0
2012 Q3 28,066 16 6 570.1
2012 Q2 25,657 0 0 0.0
2012 Q1 21,893 13 4 593.8
2010 Q3 0 0 0
Show 29 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q1 0 0 0
2007 Q4 0 0 0
2007 Q3 3,581 0 0 0.0
2007 Q2 0 0 0
2007 Q1 13,107 5 1 381.5
2006 Q4 27,776 0 0 0.0
2006 Q3 26,782 6 1 224.0
2006 Q2 27,549 2 0 72.6
2006 Q1 25,605 12 3 468.7
2005 Q4 33,542 0 0 0.0
2005 Q3 44,302 3 2 67.7
2005 Q2 25,428 9 5 353.9
2005 Q1 24,923 0 0 0.0
2004 Q4 26,446 15 8 567.2
2004 Q3 26,050 0 0 0.0
2004 Q2 26,420 13 2 492.1
2004 Q1 24,666 0 0 0.0
2003 Q4 22,478 4 0 178.0
2003 Q3 19,981 0 0 0.0
2003 Q2 21,325 14 8 656.5
2003 Q1 24,125 18 8 746.1
2002 Q4 21,237 1 0 47.1
2002 Q3 19,737 12 4 608.0
2002 Q2 23,496 0 0 0.0
2002 Q1 28,821 8 1 277.6
2001 Q4 28,008 1 0 35.7
2001 Q3 26,715 8 2 299.5
2001 Q2 26,100 9 5 344.8
2001 Q1 15,432 10 3 648.0
No fatalities recorded at this mine.

Reportable incidents

10 on file

2012 · 2 incidents

December 12, 2012 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Over-exertion in lifting objects

Employee was helping set up a 55-gallon barrel of water when he lifted his side of barrel and felt a burning sensation in left side of stomach (groin). Employee got hurt 12-28-12, has worked all the time, is having hernia surgery Friday January 25th, 2013 will be off work 6 weeks.

August 2, 2012 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Nally & Hamilton Enterprises Inc · Struck against a moving object

Employee was cleaning coal with a 930 loader when his bucket caught on a sand rock and he twisted his back. He kept working with back pain thinking it may go away, but the pain kept getting worse. On 8/13/12 he thought he was having a kidney stone attack and went to the ER At Harlan ARH. He then called and said it was his back.

2006 · 4 incidents

May 8, 2006 KY · Coal outside foreman, leadman HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Caught in, under or between a moving and a stationary object

Employee was helping the mechanic load a D8 bogey onto a parts truck. The mechanic lowered the bogey catching the employee' fingers in a pinch point on the bogey.

February 28, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Struck by... (Not Elsewhere Classified)

Employee was trying to put a piece of drill steel back into the rack when the steel slipped and caught his hand and thumb, also bending his wrist enough to break it. The drill steel landed on the employees thumb, breaking it in 2 places.

February 8, 2006 KY · Coal outside foreman, leadman OTHER
Nally & Hamilton Enterprises Inc · Bodily reaction, (Not Elsewhere Classified)

Employee was reaching behind the seat when his upper back muscles knotted up causing severe pain and numbness in his left arm and hand. Employee went to emergency room and was admitted overnite. Employee came back to work until 02/21/06 where he wad diagnosed with a ruptured disc in his neck.

January 20, 2006 KY · Coal FIRE
Nally & Hamilton Enterprises Inc · Accident type, without injuries

D11R, company # 0453 caught on fire from what appears to have been an electrical short under the cab of the dozer. The dozer burned for over 30 minutes and was reported to the local MSHA office.

2005 · 1 incident

April 21, 2005 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Fall from machine

Employee was working on hydroseeder truck when he fell to the ground injuring his left shoulder and collar bone.

2004 · 1 incident

2003 · 1 incident

December 10, 2003 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises Inc · Over-exertion (Not Elsewhere Classified)

EE WAS LOADING THE SHOT WHEN HE TURNED TO WALK IN DIFFERENT DIRECTION & TWISTED HIS KNEE.

2001 · 1 incident