Mining Incidents

Elm Lick Mine: 233 MSHA citations Coal

Locust Grove, Inc. · Surface
Controlled by Edward L Clemons Estate
Hazard, Perry County, KY  ·  Abandoned
MSHA Mine ID: 1519047

Elm Lick Mine has $308K in proposed MSHA penalties and $22K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
2007–2010
Latest incident
Oct 2010
Compliance record
MSHA citations since 2007
233
citations
97
significant & substantial
$307,819
proposed penalties
$265,521
paid to date
86% of proposed penalties paid to date, a $42,298 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
33
inspections on record
1,223
inspection hours
19.1
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.
233 citations across 1,223 inspection hours.
Source: MSHA inspections data, updated weekly.

Elm Lick Mine has $308K in proposed MSHA penalties and $22K 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.
$308K
proposed penalties
$287K
current assessed
$266K
paid to date
$22K
outstanding
228 assessments are final orders; 3 contested dockets.
Of $57K in penalties contested before the Commission, $37K was upheld in final decisions.
As of the most recent assessment on 2012-01-03.
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.
42.5%
significant & substantial
1.3%
high negligence or reckless
43.0%
reasonably likely or greater
5.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.1% low, 95.6% moderate, 1.3% 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.
4 citations taken to the federal commission · 2% of citations on record
  • Settled 4 · 100%
50%
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 2 decided S&S contests · industry: 79%
36%
Penalty reduction in decided contests
$57K proposed, $37K 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 2011-05-07.
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 2009-959 Settlement Harner 2011 $51K → $35K
KENT 2011-832 Settlement Paez 2012 $6K → $1K
KENT 2011-1021 Settlement Tureck 2012 $540 → $430
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Elm Lick Mine shows 100% of 69 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: 2012-01-05, 14 years ago
100%
within 1.5 mg/m3
69
samples
1.03
dust max (mg/m3)
61 samples taken by MSHA inspectors, 8 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR20
  • HIGHLIFT OPERATOR/FRONT END LOADER12
  • HIGHWALL DRILL OPERATOR10

Silica (quartz)

Last sampled: 2009-05-27, 17 years ago
39.4
silica avg (%)
1
samples
39.4
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR1

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: 2012-01-05, 14 years ago
0%
over PEL
37
samples
Most-sampled occupations
  • BULLDOZER OPERATOR9
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
  • HIGHLIFT OPERATOR/FRONT END LOADER6
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% 5
2011 100% 7
2010 100% 11
2009 100% 12
2008 100% 21
2007 100% 13
Noise by year
Year over PEL samples
2012 0% 5
2011 0% 2
2010 0% 5
2009 0% 10
2008 0% 10
2007 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Elm Lick Mine recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 * 0.00 0.00 0.000
2010 2.93 2.93 0.000
2009 6.63 6.63 0.000
2008 2.88 2.88 0.000
2007 8.40 8.40 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. Locust Grove, Inc. 2006 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 29 399,654
2010 52 891,479
2009 47 842,003
2008 52 1,046,803
2007 52 1,345,317
2006 9 1,748
Source: MSHA quarterly employment and production, updated weekly.

Elm Lick Mine sits in Perry County, Kentucky, where the Census mining category is 3.3% 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.
Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
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 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 0 0
2012 Q1 0 1 0
2011 Q4 15,508 4 1 257.9
2011 Q3 21,671 0 0 0.0
2011 Q2 21,678 2 1 92.3
2011 Q1 29,393 6 3 204.1
Show 17 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q4 34,509 0 0 0.0
2010 Q3 38,572 3 2 77.8
2010 Q2 33,017 17 7 514.9
2010 Q1 30,560 2 1 65.4
2009 Q4 32,842 30 17 913.5
2009 Q3 27,514 0 0 0.0
2009 Q2 30,116 21 9 697.3
2009 Q1 30,168 0 0 0.0
2008 Q4 35,638 14 6 392.8
2008 Q3 31,675 32 12 1010.3
2008 Q2 33,459 0 0 0.0
2008 Q1 38,027 10 7 263.0
2007 Q4 39,696 0 0 0.0
2007 Q3 33,467 21 7 627.5
2007 Q2 37,514 0 0 0.0
2007 Q1 32,115 10 3 311.4
2006 Q4 6,172 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

15 on file

2010 · 2 incidents

October 5, 2010 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator MACHINERY
Locust Grove, Inc. · Flash burns (welding)

Employee was working around the Highwall Miner when flash from welding got into his eyes.

May 4, 2010 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Locust Grove, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was walking and twisted right foot.

2009 · 4 incidents

April 30, 2009 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Locust Grove, Inc. · Struck by falling object

Employee was working on beam on the highwall miner when the cable arm fell on the employee injuring his back.

April 29, 2009 KY · Coal coal/ore shovel operator, shoveler, power shoveler MACHINERY
Locust Grove, Inc. · Struck by falling object

Employee was traming excavator when a rock hit him in the face lacerating check bone.

March 13, 2009 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Locust Grove, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was using a hammer and was pulling pins when he felt a cramp in his left leg.

January 14, 2009 KY · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Locust Grove, Inc. · Struck by... (Not Elsewhere Classified)

Employee was fueling equipment when something blew in his right eye.

2008 · 2 incidents

October 10, 2008 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Locust Grove, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was going to change a torque shaft when he sprained his left ankle.

July 24, 2008 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Locust Grove, Inc. · Fall from machine

Employee was on 992G when he fell from the fender hurting his left arm.

2007 · 7 incidents

December 1, 2007 KY · Coal greaser, grease man, oiler, lube man, dragline oiler OTHER
Locust Grove, Inc. · Struck by flying object

Dust blew into employee's eyes.

November 8, 2007 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Locust Grove, Inc. · Struck by flying object

Employee was prying with a bar in a push beam. The bar flew out and hit the right side of his head.

October 30, 2007 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Locust Grove, Inc. · Struck against stationary object

Employee was climbing off excavator and hit his left elbow.

October 10, 2007 KY · Coal electrician, lineman SLIP OR FALL OF PERSON
Locust Grove, Inc. · Fall onto or against objects

Employee was setting beam on hwm when something gave way allowing the arm to swing around and hit ee in the head knocking him to the motor injuring his right foot and head.

August 9, 2007 KY · Coal auger operator, auger crew supervisor STEPPING OR KNEELING ON OBJECT
Locust Grove, Inc. · Struck against stationary object

Employee was stepping off a beam onto the ground and stepped on a round piece of coal fracturing his right ankle.

June 12, 2007 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDTOOLS (NONPOWERED)
Locust Grove, Inc. · Struck by... (Not Elsewhere Classified)

Cut finger with box cutter while splicing MS 42.

January 3, 2007 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Locust Grove, Inc. · Struck against a moving object

Employee was pushing in shot when the D11N rolled over on its side hurting his right shoulder.