Mining Incidents

Evans Fork Job: 207 MSHA citations Coal

Milo, Lawrence County, KY  ·  Abandoned
MSHA Mine ID: 1518371

Evans Fork Job has $74K in proposed MSHA penalties and $340 outstanding across 12 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
11
Years on record
2002–2007
Latest incident
Sep 2007
Compliance record
MSHA citations since 2001
207
citations
115
significant & substantial
$74,004
proposed penalties
$64,488
paid to date
87% of proposed penalties paid to date, a $9,516 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
48
inspections on record
1,478
inspection hours
14.0
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.
207 citations across 1,478 inspection hours.
Source: MSHA inspections data, updated weekly.

Evans Fork Job has $74K in proposed MSHA penalties and $340 outstanding across 12 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.
$74K
proposed penalties
$65K
current assessed
$64K
paid to date
$340
outstanding
207 assessments are final orders; 12 contested dockets.
Of $45K in penalties contested before the Commission, $36K was upheld in final decisions.
As of the most recent assessment on 2008-06-26.
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.
55.6%
significant & substantial
0.5%
high negligence or reckless
54.1%
reasonably likely or greater
25.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 23.2% low, 75.8% moderate, 0.5% 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.
29 citations taken to the federal commission · 14% of citations on record
  • Settled 25 · 86%
  • Stood as issued 4 · 14%
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 19 decided S&S contests · industry: 79%
19%
Penalty reduction in decided contests
$34K 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 2008-08-19.
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 2007-385 Settlement Lesnick 2008 $14K → $12K
KENT 2005-241 Settlement Melick 2005 $10K → $8K
KENT 2003-366 Settlement Schroeder 2003 $9K → $7K
KENT 2008-1 Settlement Lesnick 2008 $6K → $4K
KENT 2007-386 Settlement Lesnick 2008 $1K → $1K
KENT 2005-41 Settlement Zielinski 2005 $1K → $983
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Evans Fork Job shows 99% of 108 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: 2008-06-26, 18 years ago
99%
within 1.5 mg/m3
108
samples
1.70
dust max (mg/m3)
108 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR31
  • HIGHLIFT OPERATOR/FRONT END LOADER22
  • HIGHWALL DRILL OPERATOR22

Silica (quartz)

Last sampled: 2007-04-24, 19 years ago
13.7
silica avg (%)
6
samples
39.9
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR3
  • HIGHWALL DRILL OPERATOR3

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: 2007-12-27, 18 years ago
13%
over PEL
76
samples
Most-sampled occupations
  • BULLDOZER OPERATOR30
  • HIGHLIFT OPERATOR/FRONT END LOADER12
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE9
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
2008 100% 12
2007 100% 17
2006 100% 15
2005 93% 14
2004 100% 17
2003 100% 16
2002 100% 5
2001 100% 12
Noise by year
Year over PEL samples
2007 12% 17
2006 0% 9
2005 13% 15
2004 0% 6
2003 22% 9
2002 11% 9
2001 27% 11
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Evans Fork Job recorded 1.56 reportable injury cases per 100 full-time workers in 2007.

Injury rate, 2007
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.
1.56
total case rate
1.56
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
In Kentucky, coal mining averaged 5.12 cases per 100 workers that year.
Year total case rate days-away fatal
2007 1.56 1.56 0.000
2006 3.89 3.89 0.000
2005 2.85 2.85 0.000
2004 4.57 4.57 0.000
2003 1.53 1.53 0.000
2002 1.59 1.59 0.000
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. Miller Brothers Coal Inc 2001 to 2005
  2. Miller Bros Coal LLC 2005 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)
2008 29 183,999
2007 52 746,782
2006 57 840,763
2005 51 824,929
2004 52 737,895
2003 52 709,621
2002 45 713,449
2001 32 414,401
Source: MSHA quarterly employment and production, updated weekly.

Evans Fork Job sits in Lawrence County, Kentucky, where the Census mining category is 3.4% 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.
Lawrence County, Kentucky · Population 16,171
3.4%
Mining share of county employment
$45,584
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
2008 Q3 726 0 0 0.0
2008 Q2 16,661 7 2 420.1
2008 Q1 28,507 5 2 175.4
2007 Q4 30,929 21 4 679.0
2007 Q3 39,261 0 0 0.0
2007 Q2 43,925 17 10 387.0
2007 Q1 14,380 15 5 1043.1
2006 Q4 37,156 0 0 0.0
Show 22 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q3 41,377 0 0 0.0
2006 Q2 40,773 13 10 318.8
2006 Q1 34,923 1 1 28.6
2005 Q4 40,286 0 0 0.0
2005 Q3 36,048 4 0 111.0
2005 Q2 32,182 0 0 0.0
2005 Q1 31,872 11 6 345.1
2004 Q4 32,545 0 0 0.0
2004 Q3 31,360 6 5 191.3
2004 Q2 33,382 0 0 0.0
2004 Q1 33,958 6 5 176.7
2003 Q4 33,287 0 0 0.0
2003 Q3 32,479 9 4 277.1
2003 Q2 32,719 0 0 0.0
2003 Q1 31,908 6 5 188.0
2002 Q4 36,133 0 0 0.0
2002 Q3 32,719 13 7 397.3
2002 Q2 26,318 0 0 0.0
2002 Q1 30,862 0 0 0.0
2001 Q4 30,629 7 3 228.5
2001 Q3 24,721 3 3 121.4
2001 Q2 8,962 22 10 2454.8
No fatalities recorded at this mine.

Reportable incidents

11 on file

2007 · 1 incident

September 21, 2007 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Miller Bros Coal LLC · Struck against a moving object

While dumping a load of rock & dirt, the load got hung in bed of truck, causing the trucks front wheel to come off the ground. When the load broke free, the front of the turck fell back to the ground and bounced the driver out of the seat. He did not have a seat belt on.

2006 · 3 incidents

December 27, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Miller Bros Coal LLC · Struck by... (Not Elsewhere Classified)

EE was welding on coal broom. A piece of metal got into his right eye.

December 5, 2006 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Miller Bros Coal LLC · Struck against a moving object

Employee was building a road through shot to highwall. Road wasn't wide enough for dozer. Lower side gave way and dozer turned over.

August 17, 2006 KY · Coal pumper POWERED HAULAGE
Miller Bros Coal LLC · Struck against a moving object

Employee was loading rock truck in pit. When he was filling his bucket, he hit a large rock in the spool and injured his back.

2005 · 2 incidents

September 13, 2005 KY · Coal pumper POWERED HAULAGE
Miller Bros Coal LLC · Struck against a moving object

Employee was watering the haul road when the water truck came out of gear and it rolled back into a ditch. He worked next two days then came back and said his knee and ankle was hurt.

July 19, 2005 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Miller Brothers Coal Inc · Fall from machine

EE STEPPED OUT OF 992 G LOADER TO CLEAN WINDSHIELD WHEN HE SLIPPED, CAUSING HIM TO FALL, HITTING FRONT FENDER OF LOADER BEFORE LANDING ON GROUND. HE BROKE HIS LEFT HIP AND LEFT ARM

2004 · 3 incidents

December 22, 2004 KY · Coal pumper MACHINERY
Miller Brothers Coal Inc · Struck by powered moving object

Hooking a chain to a corner bucket tooth on a PC-300 Komatsu excavator when the operator slipped and hit the swing lever causing the bucket to swing and strike the victim.

September 16, 2004 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Miller Brothers Coal Inc · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS GETTING OUT OF CAB OF ROCK TRUCK TO CLEAN MIRRORS. HIS HAND WAS ON DOOR LATCH WHEN THE DOOR CLOSED SHUT ON HIS LITTLE FINGER. FINGER WAS CUT OFF BELOW THE NAIL ON THE RIGHT HAND.

April 14, 2004 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Miller Brothers Coal Inc · Struck against a moving object

EE SAID HE BACKED OVER A ROCK WHILE TRACKING A SLOPE.

2003 · 1 incident

May 5, 2003 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Miller Brothers Coal Inc · Over-exertion in lifting objects

EMPLOYEE WAS HELPING ANOTHER EE PICK UP ALMOST EMPTY BARRELL TO BACK OF PICK UP TRUCK, WHEN EE PULLED MUSCLE IN UPPER RIGHT ARM CAUSING MUSCLE TO SEPERATE FROM BONE.

2002 · 1 incident

January 3, 2002 KY · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Miller Brothers Coal Inc · Fall onto or against objects

EE STARTED TO CLIMB STEPS ON FUEL TANK WHEN HIS FEET SLIPPED, HITTING HAND & WRIST AGAINST STEP OF FUEL TANK.