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Infinity Surface Mine #3: 104 MSHA citations Coal

FR Performance LLC · Surface
Controlled by Freddie Revis
Bledsoe, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519216

Infinity Surface Mine #3 has $94K in proposed MSHA penalties and $6K outstanding across 17 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
14
Years on record
2008–2011
Latest incident
Aug 2011
Compliance record
MSHA citations since 2008
104
citations
42
significant & substantial
$93,602
proposed penalties
$77,043
paid to date
82% of proposed penalties paid to date, a $16,559 gap.
Source: MSHA violations data, updated weekly.
See FR Performance LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2008
50
inspections on record
1,014
inspection hours
10.3
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.
104 citations across 1,014 inspection hours.
Source: MSHA inspections data, updated weekly.

Infinity Surface Mine #3 has $94K in proposed MSHA penalties and $6K outstanding across 17 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.
$94K
proposed penalties
$83K
current assessed
$77K
paid to date
$6K
outstanding
102 assessments are final orders; 17 contested dockets.
Of $84K in penalties contested before the Commission, $73K was upheld in final decisions.
As of the most recent assessment on 2010-11-02.
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.
41.2%
significant & substantial
2.9%
high negligence or reckless
41.2%
reasonably likely or greater
6.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.7% low, 83.3% moderate, 2.9% 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.
71 citations taken to the federal commission · 68% of citations on record
  • Settled 69 · 97%
  • Stood as issued 2 · 3%
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 34 decided S&S contests · industry: 79%
13%
Penalty reduction in decided contests
$84K proposed, $73K 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 2011-05-24.
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 2009-1055 Settlement Bulluck 2010 $54K → $50K
KENT 2011-1067 Settlement Tureck 2011 $6K → $6K
KENT 2009-1056 Settlement Bulluck 2010 $6K → $4K
KENT 2011-376 Settlement Biro 2012 $5K → $4K
KENT 2009-1278 Settlement Miller 2012 $3K → $1K
KENT 2010-1324 Settlement Barbour 2014 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Infinity Surface Mine #3 shows 97% of 35 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: 2018-12-31, 7 years ago
97%
within 1.5 mg/m3
35
samples
1.86
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.
30 samples taken by MSHA inspectors, 5 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR8
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
  • BULLDOZER OPERATOR7

Silica (quartz)

Last sampled: 2009-06-06, 17 years ago
7.1
silica avg (%)
1
samples
7.1
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR1
See US coal mines ranked by silica in their dust samples.

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: 2010-10-19, 15 years ago
0%
over PEL
19
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE7
  • BULLDOZER OPERATOR4
  • HIGHWALL DRILL OPERATOR4
See US mines ranked by noise samples over the legal limit.
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
2018 100% 2
2015 100% 2
2013 100% 2
2010 100% 13
2009 100% 6
2008 90% 10
Noise by year
Year over PEL samples
2010 0% 9
2008 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Infinity Surface Mine #3 recorded 0.00 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
ⓘ 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 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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
2013 * 0.00 0.00 0.000
2011 * 8.97 0.00 0.000
2010 11.38 7.59 0.000
2009 * 8.60 6.45 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 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)
2023 0
2022 1
2021 2
2020 0
2019 3
2018 3
2017 0
2016 0
2015 2
2014 4
2013 14 23,586
2012 7
2011 9 25,930
2010 37 291,906
2009 33 201,216
2008 30 200,815
Source: MSHA quarterly employment and production, updated weekly.

Infinity Surface Mine #3 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
2023 Q3 0 0 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 1,440 0 0 0.0
2022 Q1 0 0 0
2021 Q4 1,440 0 0 0.0
Show 45 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q3 0 0 0
2020 Q4 480 0 0 0.0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 520 0 0 0.0
2019 Q3 1,480 0 0 0.0
2019 Q2 2,126 0 0 0.0
2019 Q1 1,920 0 0 0.0
2018 Q4 1,480 0 0 0.0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 2,012 0 0 0.0
2015 Q1 831 0 0 0.0
2014 Q4 1,200 0 0 0.0
2014 Q3 1,860 0 0 0.0
2014 Q2 1,560 0 0 0.0
2014 Q1 1,834 0 0 0.0
2013 Q4 0 0 0
2013 Q3 969 0 0 0.0
2013 Q2 9,858 0 0 0.0
2013 Q1 18,597 0 0 0.0
2012 Q4 8,866 0 0 0.0
2012 Q3 2,074 0 0 0.0
2012 Q2 1,446 0 0 0.0
2012 Q1 0 0 0
2011 Q4 1,620 0 0 0.0
2011 Q3 3,654 0 0 0.0
2011 Q2 7,585 0 0 0.0
2011 Q1 9,445 0 0 0.0
2010 Q4 39,728 11 4 276.9
2010 Q3 30,157 6 1 199.0
2010 Q2 24,981 8 3 320.2
2010 Q1 10,551 5 0 473.9
2009 Q4 27,544 4 1 145.2
2009 Q3 19,765 6 3 303.6
2009 Q2 28,731 10 3 348.1
2009 Q1 17,009 21 15 1234.6
2008 Q4 24,334 5 1 205.5
2008 Q3 20,427 13 4 636.4
2008 Q2 17,250 4 1 231.9
No fatalities recorded at this mine.

Reportable incidents

14 on file

2011 · 1 incident

August 3, 2011 KY · Coal superintendent MACHINERY
Infinity Energy Incorporated · Caught in, under or between (Not Elsewhere Classified)

Hood on a D8T Cat Dozer stuck open and EE moved it causing the hood to slam shut. It caught his middle and ring finger between the frame and the hood.

2010 · 7 incidents

December 31, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech STRIKING OR BUMPING
Infinity Energy Incorporated · Struck against stationary object

EE was working on a lube truck replacing the mounting bracket when he raised up hitting his forehead on the bracket causing a cut to his forehead. 2-Staples were required to close the wound.

December 7, 2010 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Infinity Energy Incorporated · Flash burns (welding)

He was helping the mechanic weld on a 988F loader. He was in the process of welding and apparently got flash burns in his eyes.

October 29, 2010 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Infinity Energy Incorporated · Caught in, under or between a moving and a stationary object

EE was assisting coworker in attempting to uncouple the car cat head, when his left foot became caught between the car pusher and miner guide rail, causing a crushing injury to his left foot. EE was flown to Hospital.

September 24, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Infinity Energy Incorporated · Fall from machine

EE was climbing up the steps of a 777 Cat Truck (approx. 6 ft) when he fell backwards landing mostly on his left foot. He stated when he hit the ground it bent his leg backwards causing a fracture to his left leg.

September 13, 2010 KY · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Infinity Energy Incorporated · Struck by... (Not Elsewhere Classified)

EE was cutting zip ties loose that were holding cable in place on the high wall miner. When he cut a zip tie the knife continued on and cut his left hand. EE rec. 4 stitches.

2009 · 4 incidents

October 28, 2009 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
Infinity Energy Incorporated · Struck by... (Not Elsewhere Classified)

EE was assisting the mechanic put a motor on the highwall miner using a porta-power when a metal brace broke loose and struck him on the right shoulder. EE continued to work for several hours before seeking medical attention.

September 28, 2009 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 stated that as he dismounted from the dozer, he started to turn around and felt his knee pop. He didn't think it would amount to anything so he did not seek medical attention at the time. At a later time, the knee continued to experience pain so he consulted a doctor.

August 11, 2009 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)

EE's foot slipped as he was descending the ladder of the D-9. EE caught himself with one hand and had pain in his shoulder blades. EE did not seek medical att. at this time. During routine visit with his Dr., he informed the Dr. of his pain and an MRI was ordered. EE has not returned to work since.

August 3, 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

EE was not wearing a seat belt while loading rock into a haulback truck. As he tried to lift a rock, the teeth on the bucket slipped, causing EE to hit his head against the air conditioner. The knob on the air conditioner caused a laceration on his head that required 5 staples. He was given a full release for the following day. No lost time.

2008 · 2 incidents

September 22, 2008 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Infinity Energy Incorporated · Over-exertion (Not Elsewhere Classified)

Employee said he was working on a CAT 777 truck when he bent over to open a door he felt a sharp pain in his lower back.

July 15, 2008 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Infinity Energy Incorporated · Struck against a moving object

Employee ran his dozer into a hole and hit his leg against the door. He refused medical treatment at this time, stating he would be o.k. On Aug. 25, 2008, he went to the doctor with swelling on the knee and received 5 days light duty. He returned to work 9/3/08.