Mining Incidents

Elswick Fork #1: 1 recorded fatality Coal

Lick Creek, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1518041

Elswick Fork #1 has $27K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
11
Years on record
1998–2002
Latest incident
Aug 2002
Compliance record
MSHA citations since 2000
59
citations
26
significant & substantial
$27,424
proposed penalties
$21,150
paid to date
77% of proposed penalties paid to date, a $6,274 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
17
inspections on record
542
inspection hours
n/a
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.
Rate withheld: 542 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Elswick Fork #1 has $27K in proposed MSHA penalties and $0 outstanding across 4 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.
$27K
proposed penalties
$21K
current assessed
$21K
paid to date
$0
outstanding
53 assessments are final orders; 4 contested dockets.
Of $25K in penalties contested before the Commission, $14K was upheld in final decisions.
As of the most recent assessment on 2002-09-27.
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.
49.1%
significant & substantial
1.9%
high negligence or reckless
49.1%
reasonably likely or greater
7.5%
permanently disabling or fatal if injury occurs
Negligence coding: 1.9% none, 20.8% low, 75.5% moderate, 1.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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 2003-383 Settlement Bulluck 2004 $20K → $14K
KENT20000267 Dismissal 2003 $3K → $0
KENT20010031 Dismissal 2003 $2K → $0
KENT 2003-319 Settlement Bulluck 2004 $90 → $75
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Elswick Fork #1 shows 96% of 50 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: 2000-10-02, 25 years ago
96%
within 1.5 mg/m3
50
samples
4.43
dust max (mg/m3)
6 samples taken by MSHA inspectors, 44 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR19
  • BLASTER/SHOOTER/SHOTFIRER18
  • BULLDOZER OPERATOR7

Silica (quartz)

Last sampled: 2000-05-19, 26 years ago
9.2
silica avg (%)
2
samples
9.6
silica max (%)
Most-sampled occupations
  • BLASTER/SHOOTER/SHOTFIRER2

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: 2000-10-02, 25 years ago
13%
over PEL
8
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER4
  • BULLDOZER OPERATOR2
  • HIGHWALL DRILL OPERATOR1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Elswick Fork #1 recorded 7.88 reportable injury cases per 100 full-time workers in 2000.

Injury rate, 2000
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.
7.88
total case rate
5.91
days-away rate
0.000
fatality rate
About average. The US coal mining average was 7.74 and the all-US-mining average was 5.64 cases per 100 workers.
In Kentucky, coal mining averaged 8.83 cases per 100 workers that year.
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. Branham & Baker Coal Company Inc 1998 to 2001
  2. AEP Kentucky Coal, L.L.C. 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)
2002 0
2001 0
2000 40 687,929
Source: MSHA quarterly employment and production, updated weekly.

Elswick Fork #1 sits in Pike County, Kentucky, where the Census mining category is 5.1% 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.
Pike County, Kentucky · Population 57,466
5.1%
Mining share of county employment
$42,179
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
2002 Q4 0 0 0
2002 Q3 0 7 2
2002 Q2 0 0 0
2002 Q1 0 0 0
2001 Q4 0 0 0
2001 Q3 0 0 0
2001 Q2 0 0 0
2001 Q1 0 0 0
Show 4 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2000 Q4 3,889 2 0 514.3
2000 Q3 14,873 7 6 470.7
2000 Q2 28,114 5 2 177.8
2000 Q1 54,616 13 9 238.0

Fatalities at this mine

1 recorded
August 30, 2002 KY · Coal backhoe operator, trackhoe operator, crane operator Fatality · POWERED HAULAGE
AEP Kentucky Coal, L.L.C. · Struck against a moving object

DRIVER APPARENTLY DROVE TRUCK OVER THE HILL.

Reportable incidents

10 on file (excluding fatalities above)

2000 · 4 incidents

April 16, 2000 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Branham & Baker Coal Company Inc · Over-exertion (Not Elsewhere Classified)

I WAS SHOWING EE WHAT I NEEDED HIM TO DO. HE WAS WALKING BACK TO HIS LOADER, HE HAD STEPPED FROM LEVEL GROUND TO WHERE A DOZER HAD TRAMMED THROUGH, MUST HAVE STEPPED WRONG AND LOOKED TO HAVE O VER EXTENDED KNEE, IT WAS ONLY ABOUT A 6" DROP.

April 2, 2000 KY · Coal coal/ore shovel operator, shoveler, power shoveler SLIP OR FALL OF PERSON
Branham & Baker Coal Company Inc · Fall to the walkway or working surface

AT APPROX 1:00, THE SHOVEL OPERATOR AND TRUCK OPERATORS STOPPED FOR LUNCH. THE EQUIPMENT WAS WORKING IN THE PIT EAST OF THE PARKING LOT. THE SHOVEL WAS PARKED ON THE MIDDLE SEAM AND THE TRUCKS WERE PARKED 10 FT ABOVE THE SHOVEL ON THE TOP SEAM. EMPLOYEE WALKED FROM SHOVEL TO TRUCK, HE CLIMBED UP THE SLOPED LOOSE MATERIAL, HE TRIPPED LOSING HIS BALANCE, FALLING TO GROUND.

February 8, 2000 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Branham & Baker Coal Company Inc · Fall from machine

SUBJECT CLIMBING OFF LOADER, ATTEMPTING TO STEP TO SECOND STEP WHEN HIS FOOT DID NOT PIVOT AROUND WHEN HIS BODY MOVED CAUSING TO LOSE BALANCE WHEN STEP DOWNWARD WAS MADE HIS LEFT FOOT WAS INSE RTED AT AN ANGLE DUE TO THE NON SLIP MATERIAL ONSTEP. FOOT DID NOT PIVOT WITH BODY MOVEMENT SUBJECT FELL TO GROUND.

February 3, 2000 KY · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Branham & Baker Coal Company Inc · Struck against stationary object

CHECKING AND FILLING BRAKE CANISTERS ON 980F, PUTTING LIDS BACK ON AND HAND SLIPPED, HIS THUMB CAUGHT METAL THEREFORE CUTTING TOP OF THUMB AT THE KNUCKLE. EE HAS NOT RETURNED TO WORK.

1999 · 4 incidents

August 4, 1999 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Branham & Baker Coal Company Inc · Over-exertion (Not Elsewhere Classified)

PUTTING HOSE ON DRILL PULLING ON HOSE TO GET LINED UP TO PUT BOLTS IN CLAMPS PULLED MUSCLE IN BACK

May 24, 1999 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Branham & Baker Coal Company Inc · Fall from machine

EE WAS INSPECTING RADIATOR BRACKETS ON D-11N CAT DOZER. WHILE CLIMBING DOWN FROM THE MACHINE, FOOT SLIPPED ON MUD THAT WAS ON THE PUSHARM, FELL HITTING HIS LEFT SHOULDER.

May 12, 1999 KY · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Branham & Baker Coal Company Inc · Fall from machine

EE WAS RETURNING OIL HOSE FROM BACK OF SERVICE TRUCK. THE HOSE ROLLED UP TO MUCH, HE CLIMBED UP ON THE BACK OF THE TRUCK TO GET HOSE & SLIPPED FALLING OFF BACKWARDS

February 5, 1999 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Branham & Baker Coal Company Inc · Fall to lower level, (Not Elsewhere Classified)

EE WAS WALKING AROUND BACK OF CAB. INSPECTION DOOR HAD BEEN LEFT OPEN. EE STEPPED INTO THE INSPECTION AREA WITH HIS LEFT LEG CAUSING DAMAGE TO ANKLE AND HEEL AREA.

1998 · 2 incidents

December 11, 1998 KY · Coal SLIP OR FALL OF PERSON
Branham & Baker Coal Company Inc · Fall from machine

MECHANIC WHILE CLIMBING DOWN THE LADDER ON A 785TRUCK SLIPPED, HIS LEFT LEG WENT INSIDE A LADDERRUNG CAUSING HIM TO LOSE HIS BALANCE SO HE FELL TO THE GROUND TWISTED LEFT KNEE, SPRAINED HIS NI ECK AT TIMPACT (LADDER WAS WET & MUDDY)

August 9, 1998 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Branham & Baker Coal Company Inc · Fall from machine

EMPLOYEE WAS CLEANING LOADER WINDOWS WHEN HE LOST HIS FOOTING OR HAND SLIPPED. HE FELL TO THE GROUND BRUISED KNEE, SKINNED ELBOW AND BROKE TOE.