Mining Incidents

Hardshell Tipples Mine #1: 510 MSHA citations Coal

Hardshell Tipples Inc. · Underground
Controlled by Calvin R Tackett
Mayking, Ky, Letcher County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1517481

Hardshell Tipples Mine #1 has $55K in proposed MSHA penalties and $29K outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
2002–2003
Latest incident
Aug 2003
Compliance record
MSHA citations since 2001
510
citations
225
significant & substantial
$54,935
proposed penalties
$26,188
paid to date
48% of proposed penalties paid to date, a $28,747 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
73
inspections on record
2,731
inspection hours
18.7
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.
510 citations across 2,731 inspection hours.
Source: MSHA inspections data, updated weekly.

Hardshell Tipples Mine #1 has $55K in proposed MSHA penalties and $29K outstanding across 5 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.
$55K
proposed penalties
$55K
current assessed
$26K
paid to date
$29K
outstanding
483 assessments are final orders; 5 contested dockets.
Of $5K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2011-08-31.
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.
46.6%
significant & substantial
1.4%
high negligence or reckless
46.8%
reasonably likely or greater
6.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.7% low, 96.9% moderate, 1.4% 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.
4 citations taken to the federal commission · 1% of citations on record
  • Settled 3 · 75%
  • Stood as issued 1 · 25%
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 1 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$706 proposed, $706 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 2007-02-05.
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
KENT20030159 Default Barbour 2003 $2K → $2K
KENT20030158 Default Barbour 2003 $1K → $1K
KENT20030157 Default Barbour 2003 $1K → $1K
KENT 2007-160 Dismissal Lesnick 2007 $383 → $383
KENT 2007-161 Settlement Lesnick 2007 $323 → $323
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Hardshell Tipples Mine #1 shows 85% of 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: 2006-09-29, 19 years ago
85%
within 1.5 mg/m3
231
samples
17.96
dust max (mg/m3)
127 samples taken by MSHA inspectors, 104 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR104
  • CONTINUOUS MINER HELPER17
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)16

Silica (quartz)

Last sampled: 2006-10-10, 19 years ago
5.6
silica avg (%)
19
samples
7.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR11

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: 2006-12-12, 19 years ago
4%
over PEL
27
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR5
  • SCOOP CAR OPERATOR4
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
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
2006 100% 28
2005 82% 34
2004 97% 33
2003 79% 52
2002 84% 64
2001 65% 20
Silica (quartz) by year
Year silica avg (%) samples
2006 6.7 1
2005 6.3 1
2004 5.2 1
2003 5.8 7
2002 5.2 6
2001 5.3 3
Noise by year
Year over PEL samples
2006 0% 12
2005 0% 5
2002 10% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Hardshell Tipples Mine #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
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 4.87 and the all-US-mining average was 3.91 cases per 100 workers.
In Kentucky, coal mining averaged 5.96 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
2006 * 0.00 0.00 0.000
2004 * 0.00 0.00 0.000
2003 * 48.67 22.12 0.000
2002 * 5.26 5.26 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. Coyote Company 1993 to 2001
  2. Nu Enterprise Corp 2001 to 2002
  3. Cook and Sons Mining, Inc. 2002 to 2004
  4. Leslie Mountain Processing, Inc. 2002 to 2003
  5. Tri-Energy, Inc. 2004 to 2005
  6. Hardshell Tipples Inc 2005 to 2005
  7. Gateway Energy Inc 2005 to 2007
  8. Hardshell Tipples Inc. 2007 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 3
2007 2
2006 17 8,206
2005 11 1,877
2004 15 3,523
2003 28 71,878
2002 25 82,506
Source: MSHA quarterly employment and production, updated weekly.

Hardshell Tipples Mine #1 sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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 Q2 183 2 0 10929.0
2008 Q1 571 0 0 0.0
2007 Q2 0 0 0
2007 Q1 2,780 1 0 359.7
2006 Q4 6,642 53 27 7979.5
2006 Q3 7,930 27 10 3404.8
2006 Q2 8,148 24 10 2945.5
2006 Q1 7,672 21 9 2737.2
Show 15 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2005 Q4 2,703 5 0 1849.8
2005 Q3 0 0 0
2005 Q1 11,216 37 14 3298.9
2004 Q4 10,090 40 20 3964.3
2004 Q3 7,161 17 8 2374.0
2004 Q2 8,490 1 0 117.8
2004 Q1 1,203 1 0 831.3
2003 Q4 0 0 0
2003 Q3 19,535 23 14 1177.4
2003 Q2 9,282 11 2 1185.1
2003 Q1 16,381 39 16 2380.8
2002 Q4 12,680 26 3 2050.5
2002 Q3 1,120 35 12 31250.0
2002 Q2 9,171 24 5 2616.9
2002 Q1 15,080 43 24 2851.5
No fatalities recorded at this mine.

Reportable incidents

12 on file

2003 · 11 incidents

July 12, 2003 KY · Coal continuous miner helper, coal mole helper, bridgeman MACHINERY
Cook and Sons Mining, Inc. · Struck by falling object

A PIECE OF DRAW ROCK FELL AND HIT HIM ON THE LEFT KNEE. (CONTUSION LEFT KNEE).

June 18, 2003 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Cook and Sons Mining, Inc. · Fall from machine

WORKING ON RAM CAR BATTERYS, TRYING TO REMOVE BATTERY LID. THE LID SPARKED ON THE BATTERY AND HE TRIED TO JUMP OFF THE BATTERYS AND SLIPPED AND FELL BETWEEN THE COAL RIB AND RAM CAR HURTING HI S LOWER BACK.

June 13, 2003 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Cook and Sons Mining, Inc. · Struck against stationary object

CUT RIGHT INDEX AND MIDDLE FINGER'S ON SCOOP CANOPY AND COAL RIB.

February 11, 2003 KY · Coal electrician, lineman

HE WAS TAKING PANEL BOARD OFF 482 SCOOP AND BOARD SWUNG DOWN AND CAUGHT THE END OF HIS MIDDLE FINGER ON HIS RIGHT HAND CRUSHING IT. THE TIP END OF MIDDLE FINGER ON HIS RIGHT HAND.

January 27, 2003 KY · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator HANDTOOLS (NONPOWERED)
Leslie Mountain Processing, Inc. · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS USING A RAILROAD JACK TO RAISE TRACK WHEN THE BAR HE WAS USING SLIPPED & STRUCK HIM IN THE MOUTH.

January 27, 2003 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Leslie Mountain Processing, Inc. · Struck by... (Not Elsewhere Classified)

ICE BUILT UP ON TRACK. JACKING TRACK UP OUT OF ICE AND GOB JACK HANDLE SLIPPED AND CAUGHT HIM ON LEFT SIDE OF HEAD IN FRONT OF EAR.

2002 · 1 incident

July 29, 2002 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Leslie Mountain Processing, Inc. · Struck by falling object

ROCK FELL OUT BETWEEN RIB AND BOLT. REPORT WAS FILLED OUT 2 DAYS LATER. EE RETURNED TO WORK THE NEXT DAY 7-30-02.