Mining Incidents

Infinity #4: 310 MSHA citations Coal

Controlled by James C Justice II
Bledsoe, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519290

Infinity #4 has $115K in proposed MSHA penalties and $3K outstanding across 29 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
21
Years on record
2008–2011
Latest incident
Sep 2011
Compliance record
MSHA citations since 2008
310
citations
113
significant & substantial
$115,302
proposed penalties
$87,067
paid to date
76% of proposed penalties paid to date, a $28,235 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
44
inspections on record
2,331
inspection hours
13.3
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.
310 citations across 2,331 inspection hours.
Source: MSHA inspections data, updated weekly.

Infinity #4 has $115K in proposed MSHA penalties and $3K outstanding across 29 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.
$115K
proposed penalties
$90K
current assessed
$87K
paid to date
$3K
outstanding
305 assessments are final orders; 29 contested dockets.
Of $86K in penalties contested before the Commission, $59K was upheld in final decisions.
As of the most recent assessment on 2011-11-30.
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.
37.0%
significant & substantial
1.0%
high negligence or reckless
36.7%
reasonably likely or greater
3.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.9% low, 95.1% moderate, 1.0% 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.
193 citations taken to the federal commission · 62% of citations on record
  • Settled 185 · 96%
  • Stood as issued 8 · 4%
95%
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 82 decided S&S contests · industry: 79%
31%
Penalty reduction in decided contests
$86K proposed, $59K 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 2012-05-18.
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 2012-276 Settlement Lesnick 2012 $12K → $9K
KENT 2012-30 Settlement Moran 2012 $10K → $6K
KENT 2011-1442 Settlement Paez 2012 $8K → $5K
KENT 2012-483 Settlement Moran 2013 $8K → $6K
KENT 2009-1254 Settlement Lesnick 2011 $7K → $5K
KENT 2009-1565 Settlement 2010 $5K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Infinity #4 shows 99% of 210 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: 2011-12-07, 14 years ago
99%
within 1.5 mg/m3
210
samples
3.56
dust max (mg/m3)
112 samples taken by MSHA inspectors, 98 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR89
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)17
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)16

Silica (quartz)

Last sampled: 2011-08-15, 15 years ago
6.0
silica avg (%)
6
samples
7.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR2

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: 2011-10-19, 14 years ago
16%
over PEL
44
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR10
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)8
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)8
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
2011 100% 72
2010 98% 54
2009 96% 55
2008 100% 29
Silica (quartz) by year
Year silica avg (%) samples
2011 6.7 3
2009 5.6 2
2008 5.1 1
Noise by year
Year over PEL samples
2011 22% 18
2010 14% 7
2009 0% 10
2008 22% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Infinity #4 recorded 16.45 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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.
16.45
total case rate
14.10
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Kentucky, coal mining averaged 4.28 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
2011 * 16.45 14.10 0.000
2010 * 13.97 3.49 0.000
2009 * 22.28 19.50 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. Infinity Energy Incorporated 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)
2013 0
2012 0
2011 34 120,341
2010 21 55,172
2009 32 125,267
2008 17 53,234
Source: MSHA quarterly employment and production, updated weekly.

Infinity #4 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
2013 Q2 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 19,397 27 10 1392.0
2011 Q3 21,033 34 11 1616.5
2011 Q2 22,230 42 18 1889.3
Show 11 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q1 22,456 29 11 1291.4
2010 Q4 21,723 30 12 1381.0
2010 Q3 21,815 27 10 1237.7
2010 Q2 13,713 3 2 218.8
2010 Q1 0 4 0
2009 Q4 6,685 7 4 1047.1
2009 Q3 18,355 14 7 762.7
2009 Q2 24,720 39 12 1577.7
2009 Q1 22,048 19 7 861.8
2008 Q4 18,868 12 4 636.0
2008 Q3 1,104 17 4 15398.6
No fatalities recorded at this mine.

Reportable incidents

21 on file

2011 · 7 incidents

September 21, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Infinity Energy Incorporated · Struck by... (Not Elsewhere Classified)

Employee was inserting the fitting ends in hexagon drill steel and struck his left index finger with a hammer.

April 21, 2011 KY · Coal continuous miner helper, coal mole helper, bridgeman FALL OF ROOF OR BACK
Infinity Energy Incorporated · Struck by falling object

EE was sitting on the rib in the #2 Entry when a piece of draw rock fell from the top striking him on the back.

April 6, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Infinity Energy Incorporated · Struck by flying object

EE was holding a hammer against a pump while another EE was hitting with another hammer to drive a pump back onto a bolt machine. A piece of metal broke off, striking EE in the hand.

March 25, 2011 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Infinity Energy Incorporated · Over-exertion (Not Elsewhere Classified)

Employee stated, he was shoveling the belt line, and strained his muscle, in the upper part of his leg (Right).

March 23, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Infinity Energy Incorporated · Over-exertion (Not Elsewhere Classified)

Employee was walking across section, when he stepped in a hole, twisting his knee.

February 2, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Infinity Energy Incorporated · Struck by falling object

Drill steel fell out of drill hole and hit his left finger.

2010 · 5 incidents

October 7, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Infinity Energy Incorporated · Struck by... (Not Elsewhere Classified)

EE was standing beside feeder, watching a co-worker use a come-along to put conveyor chain back together, when the chain slipped & hit EE on the right cheek, causing him to get 7 stitches.

August 5, 2010 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Infinity Energy Incorporated · Struck by falling object

EE was putting a medal guard on the side of a head drive, when it slipped and slide down his hand and cut his middle finger. EE was taken to Hospital ER room where he had 7 stitches put in his finger.

July 22, 2010 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Infinity Energy Incorporated · Caught in, under or between a moving and a stationary object

EE was changing structure when he mashed his left index finger, resulting in 7 stitches. This accident occurred on 2A belt line.

May 22, 2010 KY · Coal stopping builder, ventilation man, mason man, overcast STRIKING OR BUMPING
Infinity Energy Incorporated · Struck against stationary object

EE was walking across the section in the LOB when he ran into a strap that was partially bent down hitting himself on the right ear. Three stitches were placed on his ear.

March 22, 2010 KY · Coal FALL OF ROOF OR BACK
Infinity Energy Incorporated · Accident type, without injuries

During the weekly inspection of the Infinity # 4 UG mine which is in non-producing status, a roof fall was discovered in the 1st left panel which is a worked out area. This fall was in the No. 2 entry intersection. The fall was above the roof bolts anchorage. This area has been dangered off with timbers and danger signs.

2009 · 8 incidents

September 21, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Infinity Energy Incorporated · Over-exertion (Not Elsewhere Classified)

Employee reported that he hurt his back bending a bolt while operating a bolt machine. He did not report this to anyone. He first told the mine supt. that his back was hurting him due to an old car accident he had prior to coming to work at Infinity Energy.

September 12, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Infinity Energy Incorporated · Struck against stationary object

Employee was throwing cable over against a rib where an overcast had been cut out and ran into a rock brow head first jamming his neck. Refused medical attention at time of the accident 9/12/09. He went to his regular doctor 9/14/09 and told him he had a sore neck(he called it a crick).

August 4, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Infinity Energy Incorporated · Struck by falling object

Installing outside bolt, was changing bit on drill steel when a piece of draw rock fell striking him on the left side of his body

May 13, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Infinity Energy Incorporated · Fall to the walkway or working surface

Injury was walking behind bolt machine, when he slipped and fell, the bottom was wet and muddy.

April 26, 2009 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider SLIP OR FALL OF PERSON
Infinity Energy Incorporated · Fall to the walkway or working surface

EE was walking out of office trailer (mine office) and tripped and fell, twisting his knee.

March 28, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Infinity Energy Incorporated · Struck by falling object

While installing roof bolts, a piece of draw rock hit EE on the left index finger, causing a hairline fracture and laceration.

March 20, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Infinity Energy Incorporated · Struck by falling object

While roof bolting, a piece of draw rock, approx. 8"x4'x4', fell between the bolts and struck injury on the left shoulder. The wittness to the accident saw the draw rock give way and told him to run, had he stayed under the protection of the ATRS, he would not have been injured. He sustained a bruise to his shoulder and return to full duty on Monday.

2008 · 1 incident

December 9, 2008 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator FALL OF ROOF OR BACK
Infinity Energy Incorporated · Struck by falling object

While installing the second bolt in the row, a piece of draw rock fell from between the bolts and struck EE on the left foot. The rock measured approx 8" X 36" X 4".