Emily Creek Energy has $54K in proposed MSHA penalties and $204 outstanding across 2 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
9
Years on record
2003–2009
Latest incident
Aug 2009
Compliance record
MSHA citations since 2003
172
citations
57
significant & substantial
$54,320
proposed penalties
$54,116
paid to date
100% of proposed penalties paid to date, a $204 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.
172 citations across 1,635 inspection hours.
Source: MSHA inspections data, updated weekly.
Emily Creek Energy has $54K in proposed MSHA penalties and $204 outstanding across 2 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.
$54K
proposed penalties
$54K
current assessed
$54K
paid to date
$204
outstanding
166 assessments are final orders; 2 contested dockets.
Of $27K in penalties contested before the Commission, $27K was upheld in final decisions.
As of the most recent assessment on 2009-08-20.
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.
12citations taken to the federal commission · 7% of citations on record
Stood as issued
12 · 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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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
$27K proposed, $27K 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 2009-11-06.
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 Emily Creek Energy shows 98% 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: 2009-07-28, 17 years ago
98%
within 1.5 mg/m3
173
samples
3.19
dust max (mg/m3)
84 samples taken by MSHA inspectors, 89 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.
Emily Creek Energy recorded 4.32 reportable injury cases per 100 full-time workers in 2009.
Injury rate, 2009
ⓘ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.
4.32
total case rate
4.32
days-away rate
0.000
fatality rate
About average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Kentucky, coal mining averaged 5.04 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
2009 *
4.32
4.32
0.000
2008 *
4.29
4.29
0.000
2004 *
15.45
7.72
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)
2010
0
2009
21
233,369
2008
22
157,107
2006
0
2005
0
2004
30
193,944
2003
30
206,019
Source: MSHA quarterly employment and production, updated weekly.
Emily Creek Energy sits in Martin County, Kentucky, where the Census mining category is 8.0% 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.
Martin County, Kentucky · Population 11,181
8.0%
Mining share of county employment
$46,185
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
2010 Q1
0
0
0
2009 Q4
0
0
0
2009 Q3
5,273
24
3
4551.5
2009 Q2
20,921
33
9
1577.4
2009 Q1
20,074
8
1
398.5
2008 Q4
19,514
9
4
461.2
2008 Q3
19,039
34
14
1785.8
2008 Q2
7,492
4
3
533.9
Show 11 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2008 Q1
555
0
0
0.0
2006 Q1
0
0
0
2005 Q4
0
0
0
2005 Q3
0
0
0
2004 Q4
2,440
3
2
1229.5
2004 Q3
14,807
0
0
0.0
2004 Q2
17,750
11
4
619.7
2004 Q1
16,798
9
2
535.8
2003 Q4
18,840
11
6
583.9
2003 Q3
15,697
17
5
1083.0
2003 Q2
8,716
5
2
573.7
No fatalities recorded at this mine.
Reportable incidents
9 on file
2009 · 2 incidents
August 3, 2009KY · Coalbeltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor riderHANDLING OF MATERIALS
Employee had walked the main belt-line and came outside. He was at the drift mouth at A-1 belt. Employee bent over to pick up a piece of chain link wt. about 20 lb. He developed a sharp pain in his low back. Dr. at the E.R. examined him and said he had acute muscle strain, told follow up with family Dr., he saw family Dr. 8-5-09, and was taken off work. (Mine Closed 2-10-10)
About 4 A.M. discovered fall entry #6 on 001 section, in return, 60' inby spad 2184. Fall was 55' X 20' X 5', there was no equipment involved, ventilation was not affected, passage of people was not affected. Area was breakered off, and we have no plans to rehab this area. Both MSHA and KY OMSL was notified.
Member was taking lunch break, he was standing beside a service scoop when the rib rolled off and struck the Member in the side, knocking him into the scoop. Member was later found to have a fracture to the pelvic. This accident was called into the MSHA hot line when the fracture was discovered.
NO. 1 SHUTTLE CAR WAS GOING OUT BY THE FACE WHERE COAL WAS BEING MINED. NO. 2 SHUTTLE CAR WAS COMING THROUGH THE INTERSECTION AND THEY HIT. THE NO. 2 OPERATOR DIDN'T SEE #1 SHUTTLE CAR OPERATOR AND HIT.
January 6, 2004KY · Coalbeltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor riderPOWERED HAULAGE
EE WAS ALLEGEDLY WALKING UNDER BELT LINE #3. LIGHT CORD CAUGHT ON BELT SPLICE, JERKED HIS HEAD BACK AND DRUG EE UNTIL LIGHT CORD PULLED FROM BATTERY. THERE WERE NO WITNESSES.
2003 · 1 incident
December 23, 2003KY · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scaler