Mining Incidents

Infinity Surface Mine #2: 44 MSHA citations Coal

FR Performance LLC · Surface
Controlled by Freddie Revis
Bledsoe, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1519215

Infinity Surface Mine #2 has $9K in proposed MSHA penalties and $4K outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2008–2013
Latest incident
May 2013
Compliance record
MSHA citations since 2008
44
citations
15
significant & substantial
$9,459
proposed penalties
$4,496
paid to date
48% of proposed penalties paid to date, a $4,963 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
27
inspections on record
698
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: 698 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 #2 has $9K in proposed MSHA penalties and $4K outstanding across 7 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.
$9K
proposed penalties
$9K
current assessed
$4K
paid to date
$4K
outstanding
41 assessments are final orders; 7 contested dockets.
Of $3K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2019-03-18.
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.
36.6%
significant & substantial
4.9%
high negligence or reckless
36.6%
reasonably likely or greater
9.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 26.8% low, 68.3% moderate, 4.9% 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 · 41% of citations on record
  • Settled 18 · 100%
70%
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 10 decided S&S contests · industry: 79%
18%
Penalty reduction in decided contests
$3K proposed, $2K 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 2013-12-20.
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 2013-892 Settlement Zielinski 2014 $817 → $652
KENT 2009-516 Settlement Weisberger 2011 $563 → $563
KENT 2013-599 Settlement Zielinski 2013 $462 → $400
KENT 2009-1002 Settlement Lesnick 2011 $334 → $224
KENT 2009-748 Settlement Barbour 2010 $285 → $127
KENT 2014-154 Settlement Miller 2014 $162 → $162
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Infinity Surface Mine #2 shows 100% of 21 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: 2015-06-10, 11 years ago
100%
within 1.5 mg/m3
21
samples
0.56
dust max (mg/m3)
0
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.
21 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
  • BULLDOZER OPERATOR5
  • HIGHLIFT OPERATOR/FRONT END LOADER4

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: 2019-03-25, 7 years ago
4%
over PEL
23
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
  • BULLDOZER OPERATOR5
  • HIGHLIFT OPERATOR/FRONT END LOADER3
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
2015 100% 6
2013 100% 10
2008 100% 5
Noise by year
Year over PEL samples
2019 0% 3
2015 0% 6
2013 10% 10
2008 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Infinity Surface Mine #2 recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below 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. Infinity Energy Incorporated 2008 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 2 3,523
2014 2 2,219
2013 0
2012 0
2011 0
2010 4 16,448
2009 11 46,144
2008 18 101,653
Source: MSHA quarterly employment and production, updated weekly.

Infinity Surface Mine #2 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 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
2015 Q3 780 0 0 0.0
2015 Q2 1,788 2 0 1118.6
Show 26 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q1 831 0 0 0.0
2014 Q4 1,152 1 0 868.1
2014 Q3 0 0 0
2014 Q2 1,284 0 0 0.0
2014 Q1 1,222 0 0 0.0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 10 10 4 1000000.0
2013 Q1 0 6 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 0 0 0
2011 Q3 0 0 0
2011 Q1 0 0 0
2010 Q4 0 0 0
2010 Q3 0 0 0
2010 Q2 0 0 0
2010 Q1 9,353 0 0 0.0
2009 Q4 455 0 0 0.0
2009 Q3 699 0 0 0.0
2009 Q2 8,914 0 0 0.0
2009 Q1 11,506 1 1 86.9
2008 Q4 17,844 5 2 280.2
2008 Q3 10,490 7 1 667.3
No fatalities recorded at this mine.

Reportable incidents

3 on file

2013 · 1 incident

May 3, 2013 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Infinity Energy Incorporated · Fall to the walkway or working surface

The employee was climbing down from a caterpillar D10 dozer, stepping down into some oil that had been spilled on the ground, and slipped and fell, twisting his right ankle. (Sprain)

2010 · 1 incident

January 12, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Infinity Energy Incorporated · Struck against stationary object

As employee was replacing a tooth on a loader, he removed the old tooth and threw it to one side. As he was discarding the old tooth, a sharp piece of jagged metal caused a laceration that required 5 stitches to his left index finger.

2008 · 1 incident

December 15, 2008 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Infinity Energy Incorporated · Fall from machine

Employee was in the process of shutting off a water pump, he stepped up on the pump and lost his footing and fell backwards landing on his back, He bruised and sprained his back.