Mining Incidents

Gabes Creek: 21 MSHA citations Coal

Controlled by James River Coal Company
Big Laurel, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1518976

Gabes Creek has $2K in proposed MSHA penalties and $425 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2007
Latest incident
Mar 2007
Compliance record
MSHA citations since 2006
21
citations
9
significant & substantial
$2,102
proposed penalties
$1,677
paid to date
80% of proposed penalties paid to date, a $425 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
9
inspections on record
271
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: 271 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Gabes Creek has $2K in proposed MSHA penalties and $425 outstanding across 1 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.
$2K
proposed penalties
$2K
current assessed
$2K
paid to date
$425
outstanding
19 assessments are final orders; 1 contested dockets.
Of $288 in penalties contested before the Commission, $288 was upheld in final decisions.
As of the most recent assessment on 2008-04-07.
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.
47.4%
significant & substantial
5.3%
high negligence or reckless
47.4%
reasonably likely or greater
0.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 94.7% moderate, 5.3% 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.
2 citations taken to the federal commission · 10% of citations on record
  • Stood as issued 2 · 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 2 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$288 proposed, $288 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 2006-10-23.
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 2007-40 Dismissal Lesnick 2007 $288 → $288
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Gabes Creek shows 100% of 20 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: 2007-11-06, 18 years ago
100%
within 1.5 mg/m3
20
samples
0.10
dust max (mg/m3)
20 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE6
  • HIGHLIFT OPERATOR/FRONT END LOADER5
  • BULLDOZER OPERATOR4

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: 2007-11-06, 18 years ago
0%
over PEL
20
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE6
  • HIGHWALL DRILL OPERATOR4
  • ROAD GRADER OPERATOR4
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
2007 100% 10
2006 100% 10
Noise by year
Year over PEL samples
2007 0% 10
2006 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Gabes Creek recorded 0.00 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In Kentucky, coal mining averaged 4.87 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
2008 * 0.00 0.00 0.000
2007 * 2.64 2.64 0.000
2006 * 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. James River Coal Service 2006 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 7 62,671
2007 28 330,849
2006 25 296,619
Source: MSHA quarterly employment and production, updated weekly.

Gabes Creek sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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 Q4 0 0 0
2008 Q3 0 0 0
2008 Q2 0 1 0
2008 Q1 20,704 0 0 0.0
2007 Q4 19,119 1 0 52.3
2007 Q3 19,273 2 0 103.8
2007 Q2 19,190 0 0 0.0
2007 Q1 18,080 0 0 0.0
Show 4 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q4 19,903 0 0 0.0
2006 Q3 18,399 3 2 163.1
2006 Q2 17,914 0 0 0.0
2006 Q1 4,768 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2007 · 1 incident

March 2, 2007 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
James River Coal Service · Over-exertion (Not Elsewhere Classified)

As employee was climbing down off his rock truck at quit time, he placed his right foot on the ground. When he put his full weight on it, he broke a bone in his right foot.