Mining Incidents

Hog Trough: 39 MSHA citations Coal

Controlled by James River Coal Company
Slemp, Perry County, KY  ·  Abandoned
MSHA Mine ID: 1519206

Hog Trough has $23K in proposed MSHA penalties and $11K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2008–2009
Latest incident
Dec 2009
Compliance record
MSHA citations since 2008
39
citations
20
significant & substantial
$22,685
proposed penalties
$10,625
paid to date
47% of proposed penalties paid to date, a $12,060 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
10
inspections on record
394
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: 394 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Hog Trough has $23K in proposed MSHA penalties and $11K outstanding across 2 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.
$23K
proposed penalties
$21K
current assessed
$11K
paid to date
$11K
outstanding
37 assessments are final orders; 2 contested dockets.
Of $5K in penalties contested before the Commission, $4K was upheld in final decisions.
As of the most recent assessment on 2010-03-09.
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.
54.1%
significant & substantial
0.0%
high negligence or reckless
54.1%
reasonably likely or greater
10.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.4% low, 94.6% moderate, 0.0% 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.
8 citations taken to the federal commission · 21% of citations on record
  • Settled 7 · 88%
  • Vacated or withdrawn 1 · 13%
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 5 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$5K proposed, $4K 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 2009-10-02.
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 2010-18 Settlement Bulluck 2012 $4K → $3K
KENT 2009-1484 Settlement 2010 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Hog Trough 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: 2010-03-08, 16 years ago
100%
within 1.5 mg/m3
20
samples
0.97
dust max (mg/m3)
20 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER6
  • BULLDOZER OPERATOR5
  • 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: 2010-03-08, 16 years ago
0%
over PEL
19
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER6
  • BULLDOZER OPERATOR5
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE3
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
2010 100% 5
2009 100% 5
2008 100% 10
Noise by year
Year over PEL samples
2010 0% 5
2009 0% 5
2008 0% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Hog Trough recorded 8.90 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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.
8.90
total case rate
2.97
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Kentucky, coal mining averaged 5.04 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.
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 Company 2008 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)
2010 11 15,269
2009 24 52,917
2008 17 35,876
Source: MSHA quarterly employment and production, updated weekly.

Hog Trough sits in Perry County, Kentucky, where the Census mining category is 3.3% 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.
Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
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
2010 Q2 0 0 0
2010 Q1 12,178 2 0 164.2
2009 Q4 14,887 1 0 67.2
2009 Q3 15,875 6 3 378.0
2009 Q2 17,766 9 6 506.6
2009 Q1 18,893 0 0 0.0
2008 Q4 12,904 3 2 232.5
2008 Q3 13,278 8 5 602.5
Show 1 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q2 9,089 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2009 · 4 incidents

December 18, 2009 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
James River Coal Service Company · Struck by flying object

Employee was standing about ten ft. away from the loader bucket, where they were replacing a tooth on the bucket. When they hit the keeper with a hammer, a piece of the keeper shattered hitting the employee below the left knee, required stiches.

April 9, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
James River Coal Service Company · Caught in, under or between a moving and a stationary object

Mechanic helping to install transmission on D9R Dozer. Mechanic caught his middle finger on his right hand underneath when the transmission was being slid into the tracks.

March 18, 2009 KY · Coal greaser, grease man, oiler, lube man, dragline oiler STRIKING OR BUMPING
James River Coal Service Company · Struck against stationary object

He was walking around the Ford truck. There was a door open on another truck parked beside it. He didn't see it and walked into the door.

February 4, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
James River Coal Service Company · Struck against a moving object

Operator stated that the 773-B rock truck skided into the berm, then comming to a rest on the left side of haul road into a mud hole. He was taken to the Hazard ARH Hospital. They did a CSAT Scan on him, the doctor said that he had a strained lower back and should be able to return to work in a couple days.

2008 · 1 incident

July 3, 2008 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
James River Coal Service Company · Struck against a moving object

Drove up on top of the berm for approximately 80 feet, then the truck rolled over two times coming to a resting point 140 feet over embankment.