Mining Incidents

Equality: 2 recorded fatalities Coal

Controlled by ACNR Holdings, Inc
Centertown, Ohio County, KY  ·  Abandoned
MSHA Mine ID: 1519344

Equality has $158K in proposed MSHA penalties and $791 outstanding across 46 contested dockets, plus health sampling and the full incident record.

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Fatalities
2
Total incidents
19
Years on record
2011–2017
Latest incident
Oct 2017
Compliance record
MSHA citations since 2009
213
citations
62
significant & substantial
$158,260
proposed penalties
$111,469
paid to date
70% of proposed penalties paid to date, a $46,791 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
58
inspections on record
3,968
inspection hours
5.4
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.
213 citations across 3,968 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: 2014-05-19.
On record since 2014.
Source: MSHA imminent-danger order records, updated weekly.

Equality has $158K in proposed MSHA penalties and $791 outstanding across 46 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.
$158K
proposed penalties
$112K
current assessed
$111K
paid to date
$791
outstanding
210 assessments are final orders; 46 contested dockets.
Of $99K in penalties contested before the Commission, $52K was upheld in final decisions.
As of the most recent assessment on 2024-04-02.
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.
29.5%
significant & substantial
10.0%
high negligence or reckless
30.0%
reasonably likely or greater
21.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 24.8% low, 65.2% moderate, 10.0% 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.
89 citations taken to the federal commission · 42% of citations on record
  • Settled 82 · 92%
  • Stood as issued 5 · 6%
  • Vacated or withdrawn 2 · 2%
66%
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 56 decided S&S contests · industry: 79%
47%
Penalty reduction in decided contests
$99K proposed, $52K 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 2018-05-17.
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 2009-1065 Settlement Lesnick 2010 $31K → $2K
KENT 2015-0255 Settlement Miller 2015 $12K → $10K
KENT 2012-986 Settlement McCarthy 2013 $9K → $7K
KENT 2015-0254 Settlement Miller 2015 $5K → $2K
KENT 2014-216 Settlement McCarthy 2014 $3K → $2K
KENT 2015-0032 Settlement Lesnick 2015 $3K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Equality shows 99% of 248 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: 2024-04-11
99%
within 1.5 mg/m3
248
samples
1.84
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.
163 samples taken by MSHA inspectors, 85 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR71
  • HIGHWALL DRILL OPERATOR44
  • ROCK DRILLER37

Silica (quartz)

Last sampled: 2017-12-04, 8 years ago
4.7
silica avg (%)
9
samples
9.4
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • ROCK DRILLER4

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: 2019-02-25, 7 years ago
8%
over PEL
95
samples
Most-sampled occupations
  • BULLDOZER OPERATOR22
  • HIGHLIFT OPERATOR/FRONT END LOADER9
  • OILER/GREASER9
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
2024 100% 2
2022 100% 4
2021 100% 4
2019 100% 3
2018 100% 4
2017 100% 41
2016 100% 46
2015 100% 57
2014 95% 37
2013 100% 26
2012 100% 9
2011 100% 10
2010 100% 5
Silica (quartz) by year
Year silica avg (%) samples
2017 6.0 3
2016 4.5 5
2015 1.4 1
Noise by year
Year over PEL samples
2019 0% 2
2017 0% 5
2016 0% 7
2015 4% 23
2014 21% 28
2013 0% 10
2012 10% 10
2011 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Equality recorded 3.78 reportable injury cases per 100 full-time workers in 2017.

Injury rate, 2017
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.
3.78
total case rate
1.26
days-away rate
0.000
fatality rate
About average. The US coal mining average was 3.79 and the all-US-mining average was 2.48 cases per 100 workers.
In Kentucky, coal mining averaged 4.33 cases per 100 workers that year.
Year total case rate days-away fatal
2017 3.78 1.26 0.000
2016 0.00 0.00 0.000
2015 2.25 2.25 0.000
2014 2.69 2.15 0.000
2013 0.52 0.52 0.000
2012 1.07 1.07 0.000
2011 0.61 0.00 0.000
2010 * 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.
Ownership history
  1. Armstrong Coal Company, Inc. 2008 to 2018
  2. Western Kentucky Resources, LLC 2018 to 2020
  3. Kentucky Land Resources, Inc. 2020 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)
2024 10
2023 2
2022 5
2021 5
2020 2
2019 4
2018 0
2017 76 1,019,901
2016 97 1,644,701
2015 122 2,168,969
2014 146 2,802,973
2013 151 2,704,744
2012 142 2,868,100
2011 125 2,016,809
2010 53 330,753
2009 0
2008 0
Source: MSHA quarterly employment and production, updated weekly.

Equality sits in Ohio County, Kentucky, where the Census mining category is 1.0% 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.
Ohio County, Kentucky · Population 23,704
1.0%
Mining share of county employment
$54,369
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
2024 Q2 1,997 2 0 1001.5
2024 Q1 1,407 0 0 0.0
2023 Q4 50 0 0 0.0
2023 Q3 80 0 0 0.0
2023 Q2 103 0 0 0.0
2023 Q1 75 0 0 0.0
2022 Q4 65 1 0 15384.6
2022 Q3 1,636 4 0 2445.0
Show 54 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2022 Q2 172 0 0 0.0
2022 Q1 249 0 0 0.0
2021 Q4 1,285 0 0 0.0
2021 Q3 837 0 0 0.0
2021 Q2 584 2 0 3424.7
2021 Q1 97 0 0 0.0
2020 Q4 60 0 0 0.0
2020 Q2 94 0 0 0.0
2020 Q1 90 0 0 0.0
2019 Q4 15 0 0 0.0
2019 Q3 13 7 0 538461.5
2019 Q2 36 0 0 0.0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 1 0
2018 Q2 0 1 0
2018 Q1 0 1 0
2017 Q4 24,705 4 1 161.9
2017 Q3 39,338 12 2 305.0
2017 Q2 43,574 15 3 344.2
2017 Q1 51,023 7 1 137.2
2016 Q4 51,782 3 0 57.9
2016 Q3 54,002 2 0 37.0
2016 Q2 41,203 7 0 169.9
2016 Q1 65,568 3 2 45.8
2015 Q4 60,621 7 3 115.5
2015 Q3 68,696 2 0 29.1
2015 Q2 66,748 10 4 149.8
2015 Q1 70,137 5 1 71.3
2014 Q4 90,596 10 6 110.4
2014 Q3 94,074 5 1 53.1
2014 Q2 94,324 9 4 95.4
2014 Q1 92,685 11 3 118.7
2013 Q4 84,530 4 1 47.3
2013 Q3 103,396 7 0 67.7
2013 Q2 99,006 2 0 20.2
2013 Q1 94,224 9 3 95.5
2012 Q4 93,150 0 0 0.0
2012 Q3 95,198 0 0 0.0
2012 Q2 88,001 9 6 102.3
2012 Q1 98,454 3 2 30.5
2011 Q4 87,560 4 0 45.7
2011 Q3 89,471 3 1 33.5
2011 Q2 76,872 3 2 39.0
2011 Q1 75,061 0 0 0.0
2010 Q4 65,973 5 0 75.8
2010 Q3 20,688 2 1 96.7
2010 Q2 0 1 0
2010 Q1 0 1 1
2009 Q4 0 0 0
2009 Q3 0 0 0
2009 Q2 0 0 0
2009 Q1 0 0 0
2008 Q4 0 0 0

Fatalities at this mine

2 recorded
October 28, 2011 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey Fatality · FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Armstrong Coal Company, Inc. · Struck by falling object

Two employees were in route to begin shift loading holes in #11 Pit. As they traveled into the West end of this pit and attempted to drive up ramp onto work area the highwall collapsed resulting in death to both employees.

October 28, 2011 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey Fatality · FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Armstrong Coal Company, Inc. · Struck by falling object

Two employees were in route to begin shift loading holes in #11 Pit. As they traveled into the West end of this pit and attempted to drive up ramp onto work area the highwall collapsed resulting in death to both employees.

Reportable incidents

17 on file (excluding fatalities above)

2017 · 3 incidents

October 30, 2017 KY · Coal outside foreman, leadman HANDTOOLS (NONPOWERED)
Armstrong Coal Company, Inc. · Caught in, under or between a moving and a stationary object

Employee was in the process of removing an impeller when the ratchet the employee was using slipped mashing finger causing a laceration requiring three stitches

October 14, 2017 KY · Coal utility man, shift tech, service/dump truck operator SLIP OR FALL OF PERSON
Armstrong Coal Company, Inc. · Fall onto or against objects

Employee was cleaning outside widows on unit #107 777F Cat end dump, lost their footing causing them to pivot around while holding the handrail striking the handrail with their left rib area.

April 11, 2017 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Armstrong Coal Company, Inc. · Over-exertion in lifting objects

The employee strained employee's back while replacing the ripper shank guard on a D-11 dozer.

2015 · 3 incidents

June 8, 2015 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Armstrong Coal Company, Inc. · Struck by flying object

The employee was assisting a contract mechanic install a track on a dozer, the contract mechanic hit the alligator link on the track with a sledge hammer and a piece of the hammer splintered off and hit the employee in the arm.

2014 · 7 incidents

December 15, 2014 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Armstrong Coal Company, Inc. · Fall from ladders

using a ladder to change oil filter - while reaching for filter the ladder tipped over sprained right ankle

December 9, 2014 KY · Coal coal/ore shovel operator, shoveler, power shoveler SLIP OR FALL OF PERSON
Armstrong Coal Company, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was traveling from the parking area to the PC800 Track hoe that he was going to operate, when he reached his destination he stepped out of the F-350 man trip van and stepped into a hole or on a rock and turned his right ankle.

July 29, 2014 KY · Coal electrician, lineman DISORDERS (PHYSICAL AGENTS)
Armstrong Coal Company, Inc. · Contact with heat

EE was removing grease in the tub of Unit #347 dragline when he started feeling light headed, ee and another ee exited the tub of the dragline to get some water upon getting the water ee collapsed and struck his chin on the floor of the dragline causing a laceration. he was transported by ambulance to O.C.H. where he received eleven stitches

June 7, 2014 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Armstrong Coal Company, Inc. · Struck by... (Not Elsewhere Classified)

Employee was in the process of replacing the drag ropes on Dragline, he was removing the u-bolts that attach the new cable to a wooden spool. As he pried the u-bolt out, the cable spun on the spool and the end of the cable hit him on left shoulder resulting in a fractured shoulder blade. As he fell he sprained his left wrist also.

April 22, 2014 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Armstrong Coal Company, Inc. · Struck against a moving object

Employee was operating a 773F haul truck and stated the bed was bouncing up and down when empty, causing him to injure his lower back. Employee did not Communicate to anyone that he was injured until 04/29/2014.

February 14, 2014 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Armstrong Coal Company, Inc. · Struck against a moving object

Employee was operating a 777F Haul Truck, and sometime during the shift employee injured his back, employee did not report the incident until 3/1/14. Employee stated the incident actually occurred on 2/14/14.

2013 · 1 incident

February 11, 2013 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Armstrong Coal Company, Inc. · Over-exertion (Not Elsewhere Classified)

Employee's truck was in the maint. area, his truck had just been in for repair. He proceeded to do his pre-op check on the truck when he lost his footing and sprained his knee.

2012 · 2 incidents

February 23, 2012 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Armstrong Coal Company, Inc. · Struck against a moving object

truck traveling up ramp front end came up turning over on its side

2011 · 1 incident

September 7, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Armstrong Coal Company, Inc. · Caught in, under or between a moving and a stationary object

A mechanic was installing brakes on a piece of equipment using a pry bar to hold tension on brake shoes while he inserted the rollers when the bar slipped catching his finger causing a small cut on it.