Mining Incidents

Hackney Creek Splashdam: 366 MSHA citations Coal

Banner Blue Coal Company · Underground
Controlled by Metinvest B V
Mouthcard, KY, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1519784

Hackney Creek Splashdam has $77K in proposed MSHA penalties and $639 outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2017–2021
Latest incident
Oct 2021
Compliance record
MSHA citations since 2016
366
citations
61
significant & substantial
$77,312
proposed penalties
$74,791
paid to date
97% of proposed penalties paid to date, a $2,521 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2015
76
inspections on record
6,325
inspection hours
5.8
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.
366 citations across 6,325 inspection hours.
Source: MSHA inspections data, updated weekly.

Hackney Creek Splashdam has $77K in proposed MSHA penalties and $639 outstanding across 8 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.
$77K
proposed penalties
$75K
current assessed
$75K
paid to date
$639
outstanding
359 assessments are final orders; 8 contested dockets.
Of $12K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2023-12-05.
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.
17.0%
significant & substantial
6.4%
high negligence or reckless
17.0%
reasonably likely or greater
36.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.6% none, 24.0% low, 69.1% moderate, 6.4% 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.
18 citations taken to the federal commission · 5% of citations on record
  • Settled 13 · 72%
  • Stood as issued 5 · 28%
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 13 decided S&S contests · industry: 79%
16%
Penalty reduction in decided contests
$12K proposed, $10K 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 2021-07-27.
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 2019-0082 Settlement Bulluck 2019 $3K → $2K
KENT 2021-0112 Default 2022 $2K → $2K
KENT 2019-0341 Default 2020 $2K → $2K
KENT 2021-0002 Default 2021 $1K → $1K
KENT 2018-0243 Settlement Paez 2018 $1K → $942
KENT 2017-0305 Settlement Paez 2017 $1K → $816
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Hackney Creek Splashdam shows 99% of 1,231 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: 2023-05-01, 3 years ago
99%
within 1.5 mg/m3
1,231
samples
4.84
dust max (mg/m3)
5
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.
204 samples taken by MSHA inspectors, 1,027 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR420
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)309
  • SCOOP CAR OPERATOR203

Silica (quartz)

Last sampled: 2023-03-30, 3 years ago
5.7
silica avg (%)
76
samples
9.6
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR28
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)23
  • SCOOP CAR OPERATOR15

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: 2023-03-01, 3 years ago
3%
over PEL
76
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)18
  • SCOOP CAR OPERATOR13
  • UTILITY MAN13
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
2023 100% 64
2022 99% 117
2021 99% 214
2020 100% 230
2019 99% 170
2018 99% 181
2017 99% 212
2016 98% 43
Silica (quartz) by year
Year silica avg (%) samples
2023 4.8 2
2022 5.7 10
2021 6.0 13
2020 5.6 16
2019 4.9 13
2018 6.0 9
2017 6.3 12
2016 4.9 1
Noise by year
Year over PEL samples
2023 0% 7
2022 0% 7
2021 0% 6
2020 8% 12
2019 0% 14
2018 0% 10
2017 0% 15
2016 20% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Hackney Creek Splashdam recorded 0.00 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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 3.26 and the all-US-mining average was 2.12 cases per 100 workers.
In Kentucky, coal mining averaged 4.58 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
2022 * 0.00 0.00 0.000
2021 * 7.43 7.43 0.000
2020 * 3.76 3.76 0.000
2019 * 5.61 5.61 0.000
2018 * 0.00 0.00 0.000
2017 * 5.74 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. Banner Blue Coal Company 2015 to present
  2. Cheyenne Enterprises, Inc. 2016 to 2018
  3. AB&J Coal Company, Inc. 2018 to 2022
  4. CBS Energy, Inc. 2022 to 2023
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)
2023 9 15,537
2022 19 28,325
2021 23 78,251
2020 23 96,218
2019 13 60,987
2018 14 51,795
2017 14 49,749
2016 7 11,331
2015 2
Source: MSHA quarterly employment and production, updated weekly.

Hackney Creek Splashdam 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
2023 Q4 0 4 0
2023 Q3 910 1 0 1098.9
2023 Q2 9,259 8 1 864.0
2023 Q1 7,987 26 6 3255.3
2022 Q4 7,086 10 0 1411.2
2022 Q3 6,759 13 4 1923.4
2022 Q2 5,229 10 3 1912.4
2022 Q1 10,388 7 0 673.9
Show 26 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q4 11,626 9 3 774.1
2021 Q3 11,462 8 0 698.0
2021 Q2 14,301 13 1 909.0
2021 Q1 16,439 16 4 973.3
2020 Q4 17,072 7 0 410.0
2020 Q3 15,797 24 8 1519.3
2020 Q2 11,023 14 0 1270.1
2020 Q1 9,249 17 1 1838.0
2019 Q4 8,956 7 1 781.6
2019 Q3 8,792 7 0 796.2
2019 Q2 8,975 9 0 1002.8
2019 Q1 8,944 9 0 1006.3
2018 Q4 9,165 18 5 1964.0
2018 Q3 8,431 22 5 2609.4
2018 Q2 7,499 10 0 1333.5
2018 Q1 9,880 6 4 607.3
2017 Q4 9,254 15 2 1620.9
2017 Q3 9,069 21 5 2315.6
2017 Q2 8,614 17 2 1973.5
2017 Q1 7,877 14 2 1777.3
2016 Q4 6,943 10 1 1440.3
2016 Q3 431 0 0 0.0
2016 Q2 2,676 1 0 373.7
2016 Q1 1,060 4 0 3773.6
2015 Q4 149 0 0 0.0
2015 Q3 420 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2021 · 2 incidents

October 8, 2021 KY · Coal superintendent HANDTOOLS (NONPOWERED)
AB&J Coal Company, Inc. · Struck by... (Not Elsewhere Classified)

Changing conveyor pot on cont. miner, using slate bars to remove CLA disc from pot. Laid a slate bar on the ground after removal of disc. Disc slid off conveyor pan catching end of bar causing it to flip up and strike employee in cheek causing cut requiring 8 stitches.

March 1, 2021 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
AB&J Coal Company, Inc. · Struck by flying object

Miner was operating a shuttle car with a hand resting on the side rail of the cab when a rock was dislodged from the floor of the mine, striking the miner's middle and ring finger on left hand.

2020 · 1 incident

December 30, 2020 KY · Coal master mechanic, foreman, supervisor SLIP OR FALL OF PERSON
AB&J Coal Company, Inc. · Fall onto or against objects

While working on the C.O. Monitoring system the employee slipped forward. While off balance, reached for the C.O. cable pulling muscles in shoulders and back as well as thinking they may have torn rotator cups on both sides.

2019 · 1 incident

July 8, 2019 KY · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator POWERED HAULAGE
AB&J Coal Company, Inc. · Struck against a moving object

Employee struck coal rib while operating a permissible scoop. Afterwards complained of pain in EE's neck. Employee worked until 7/12/19 then sought medical attention.

2017 · 1 incident

October 16, 2017 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Cheyenne Enterprises, Inc. · Fall from machine

Employee stated, fell while greasing loader. EE went to hospital got checked. Dr done x-rays and said nothing wrong and released EE. However, EE would not return to work and will not answer phone calls.