Mining Incidents

Infinity Surface Mine #1: 167 MSHA citations Coal

FR Performance LLC · Surface
Controlled by Freddie Revis
Bledsoe, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1518922

Infinity Surface Mine #1 has $108K in proposed MSHA penalties and $2K outstanding across 16 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2008–2009
Latest incident
Apr 2009
Compliance record
MSHA citations since 2006
167
citations
63
significant & substantial
$107,998
proposed penalties
$87,451
paid to date
81% of proposed penalties paid to date, a $20,547 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
37
inspections on record
753
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: 753 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Infinity Surface Mine #1 has $108K in proposed MSHA penalties and $2K outstanding across 16 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.
$108K
proposed penalties
$89K
current assessed
$87K
paid to date
$2K
outstanding
161 assessments are final orders; 16 contested dockets.
Of $91K in penalties contested before the Commission, $71K was upheld in final decisions.
As of the most recent assessment on 2012-12-10.
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.
38.0%
significant & substantial
0.6%
high negligence or reckless
38.0%
reasonably likely or greater
6.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.8% low, 91.6% moderate, 0.6% 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.
91 citations taken to the federal commission · 54% of citations on record
  • Settled 90 · 99%
  • Vacated or withdrawn 1 · 1%
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 36 decided S&S contests · industry: 79%
22%
Penalty reduction in decided contests
$91K proposed, $71K 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 2011-11-28.
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 2009-95 Settlement Feldman 2011 $30K → $24K
KENT 2008-1414 Settlement Feldman 2010 $28K → $21K
KENT 2009-1022 Settlement Feldman 2010 $9K → $8K
KENT 2011-1062 Settlement Melick 2011 $6K → $4K
KENT 2009-96 Settlement Gill 2011 $4K → $3K
KENT 2009-1047 Settlement Bulluck 2010 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Infinity Surface Mine #1 shows 100% of 111 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: 2010-05-04, 16 years ago
100%
within 1.5 mg/m3
111
samples
1.44
dust max (mg/m3)
51 samples taken by MSHA inspectors, 60 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR48
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE41
  • HIGHLIFT OPERATOR/FRONT END LOADER12

Silica (quartz)

Last sampled: 2009-03-11, 17 years ago
9.5
silica avg (%)
12
samples
18.2
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR7
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5

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: 2010-05-04, 16 years ago
3%
over PEL
38
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE12
  • BULLDOZER OPERATOR11
  • HIGHLIFT OPERATOR/FRONT END LOADER9
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% 16
2008 100% 27
2007 100% 43
2006 100% 20
Silica (quartz) by year
Year silica avg (%) samples
2009 10.8 2
2007 7.7 5
2006 10.7 5
Noise by year
Year over PEL samples
2010 20% 5
2009 0% 5
2008 0% 5
2007 0% 15
2006 0% 8
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Infinity Surface Mine #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In Kentucky, coal mining averaged 4.85 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
2010 * 0.00 0.00 0.000
2009 * 9.67 9.67 0.000
2008 * 3.13 3.13 0.000
2007 * 0.00 0.00 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. Infinity Energy Incorporated 2005 to 2018
  2. FR Performance LLC 2018 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)
2017 0
2016 0
2015 0
2014 0
2013 1
2012 0
2011 0
2010 15 93,833
2009 16 109,664
2008 23 240,757
2007 23 175,444
2006 18 146,055
2005 5 17,897
Source: MSHA quarterly employment and production, updated weekly.

Infinity Surface Mine #1 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
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
Show 39 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 1,525 0 0 0.0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 2 0
2012 Q3 0 0 0
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 0 0 0
2011 Q3 0 1 0
2011 Q1 0 3 3
2010 Q4 0 0 0
2010 Q3 0 0 0
2010 Q2 20,081 6 4 298.8
2010 Q1 14,674 0 0 0.0
2009 Q4 594 0 0 0.0
2009 Q3 670 0 0 0.0
2009 Q2 17,829 3 0 168.3
2009 Q1 22,271 16 5 718.4
2008 Q4 18,588 7 2 376.6
2008 Q3 23,188 37 11 1595.7
2008 Q2 9,800 13 7 1326.5
2008 Q1 12,324 0 0 0.0
2007 Q4 10,780 3 2 278.3
2007 Q3 11,746 8 4 681.1
2007 Q2 8,188 1 0 122.1
2007 Q1 4,546 18 4 3959.5
2006 Q4 11,632 0 0 0.0
2006 Q3 9,873 1 0 101.3
2006 Q2 8,808 5 1 567.7
2006 Q1 5,267 10 9 1898.6
2005 Q4 2,013 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2009 · 2 incidents

April 10, 2009 KY · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Infinity Energy Incorporated · Over-exertion (Not Elsewhere Classified)

While climbing down the ladder of the 992G loader, he slipped and grabbed the ladder with his left hand only and swung around with one hand causing a strained left shoulder.

February 12, 2009 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Infinity Energy Incorporated · Struck against a moving object

Employee alleged that he was lifting a rock with a 992G loader when the rock slipped out of the bucket causing the loader to rock throwing him out of his seat hurting his back. Dr. diagnosed strained back. Seat belt was in good working condition but was not being used.

2008 · 1 incident

December 6, 2008 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Infinity Energy Incorporated · Fall to the walkway or working surface

Employee slipped and fell in the parking lot of the mine office. He did not report this until Monday morning 12/8/08.