Mining Incidents

Feds Creek Surface: 1 recorded fatality Coal

Controlled by Metinvest B V
Fedscreek, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1518940

Feds Creek Surface has $38K in proposed MSHA penalties and $9K outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
5
Years on record
2007–2013
Latest incident
May 2013
Compliance record
MSHA citations since 2006
109
citations
44
significant & substantial
$38,224
proposed penalties
$28,981
paid to date
76% of proposed penalties paid to date, a $9,243 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
32
inspections on record
1,212
inspection hours
9.0
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.
109 citations across 1,212 inspection hours.
Source: MSHA inspections data, updated weekly.

Feds Creek Surface has $38K in proposed MSHA penalties and $9K 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.
$38K
proposed penalties
$38K
current assessed
$29K
paid to date
$9K
outstanding
106 assessments are final orders; 4 contested dockets.
Of $20K in penalties contested before the Commission, $15K was upheld in final decisions.
As of the most recent assessment on 2013-03-19.
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.
41.5%
significant & substantial
0.9%
high negligence or reckless
41.5%
reasonably likely or greater
22.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 17.9% low, 81.1% moderate, 0.9% 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.
10 citations taken to the federal commission · 9% of citations on record
  • Settled 3 · 30%
  • Stood as issued 6 · 60%
  • Vacated or withdrawn 1 · 10%
71%
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 7 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$20K proposed, $15K 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 2011-09-20.
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 2011-1599 Settlement Zielinski 2013 $10K → $5K
KENT 2008-215 Settlement Bulluck 2011 $7K → $7K
KENT 2010-1131 Settlement Zielinski 2013 $2K → $2K
KENT 2009-689 Default Lesnick 2011 $898 → $898
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Feds Creek Surface shows 99% of 68 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: 2012-04-05, 14 years ago
99%
within 1.5 mg/m3
68
samples
2.07
dust max (mg/m3)
60 samples taken by MSHA inspectors, 8 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE24
  • BULLDOZER OPERATOR18
  • HIGHLIFT OPERATOR/FRONT END LOADER13

Silica (quartz)

Last sampled: 2010-08-25, 16 years ago
14.3
silica avg (%)
3
samples
21.1
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR2
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE1

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: 2011-12-08, 14 years ago
13%
over PEL
39
samples
Most-sampled occupations
  • BULLDOZER OPERATOR13
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE10
  • HIGHLIFT OPERATOR/FRONT END LOADER9
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% 2
2011 100% 23
2010 100% 13
2008 95% 20
2007 100% 8
2006 100% 2
Silica (quartz) by year
Year silica avg (%) samples
2010 7.4 1
2008 14.3 1
2006 21.1 1
Noise by year
Year over PEL samples
2011 7% 15
2010 0% 6
2008 29% 14
2007 0% 2
2006 0% 2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Feds Creek Surface recorded 0.00 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In Kentucky, coal mining averaged 4.35 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
2012 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 8.51 4.26 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. Contour Coal Mining LLC. 2005 to 2006
  2. Double E Augering Inc 2006 to 2007
  3. Joshua Enterprises Inc 2007 to 2008
  4. C & R Holdings of Eastern Ky LLC 2008 to 2010
  5. Surface Minerals Company 2010 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)
2014 0
2013 4
2012 9 18,338
2011 19 65,909
2010 18 78,224
2009 1 2,596
2008 10 20,030
2007 9 21,908
2006 0
2005 0
Source: MSHA quarterly employment and production, updated weekly.

Feds Creek Surface 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
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 1,380 0 0 0.0
2013 Q3 1,308 0 0 0.0
2013 Q2 2,379 0 0 0.0
2013 Q1 2,519 3 0 1190.9
2012 Q4 2,180 0 0 0.0
2012 Q3 3,902 0 0 0.0
Show 23 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q2 8,920 8 2 896.9
2012 Q1 17,528 0 0 0.0
2011 Q4 10,837 11 5 1015.0
2011 Q3 19,672 0 0 0.0
2011 Q2 15,356 6 3 390.7
2011 Q1 17,841 5 2 280.3
2010 Q4 13,922 0 0 0.0
2010 Q3 14,626 9 4 615.3
2010 Q2 15,409 0 0 0.0
2010 Q1 3,032 5 0 1649.1
2009 Q3 0 0 0
2009 Q2 0 0 0
2009 Q1 2,400 0 0 0.0
2008 Q4 6,541 17 8 2599.0
2008 Q3 5,760 2 2 347.2
2008 Q2 936 5 1 5341.9
2008 Q1 6,680 10 5 1497.0
2007 Q4 4,129 1 1 242.2
2007 Q3 3,628 7 2 1929.4
2007 Q2 2,500 2 1 800.0
2007 Q1 250 3 0 12000.0
2006 Q4 0 0 0
2005 Q4 0 0 0

Fatalities at this mine

1 recorded
March 12, 2007 KY · Coal outside foreman, leadman Fatality · MACHINERY
Double E Augering Inc · Struck against a moving object

While excavating coal pit, equipment operator worked himself into a position that when he attempted to correct resulted in overturning excavator on its top, crushing the cab area and the operator.

Reportable incidents

4 on file (excluding fatalities above)

2013 · 1 incident

May 2, 2013 KY · Coal coal/ore shovel operator, shoveler, power shoveler SLIP OR FALL OF PERSON
Surface Minerals Company · Fall onto or against objects

Employee went to get on the push arm of a D10R dozer and his foot slipped causing him to fall and hit the push arm with his left rib cage causing cracks to two ribs. He returned to full duty the next shift. His regular job duty is an excavator.

2010 · 2 incidents

August 19, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Surface Minerals Company · Fall to the walkway or working surface

Employee was walking from a dozer to a hauler and tripped over a small berm created by the dozer pushing, he fell to the ground. He caught his fall with his right arm and stoved it up. He continued to work and started missing work on 9-7-2010 due to complications.

June 10, 2010 KY · Coal driller, highwall operator, highwall drill operator MACHINERY
Surface Minerals Company · Caught in, under or between (Not Elsewhere Classified)

Employee entered the cab of the drill and mashed his thumb when he shut the door on it. He had to have sutures to close the wound on his thumb. Tip of bone was cracked. He missed no scheduled work.

2008 · 1 incident

December 4, 2008 KY · Coal outside foreman, leadman POWERED HAULAGE
C & R Holdings of Eastern Ky LLC · Struck against a moving object

988F backed into foremans F-150 pickup truck. The foreman was backing up while talking on c.b. and backed into the path of the 988f loader. Damage was to the right rear door of F-150