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Job #42: 241 MSHA citations Coal

Controlled by J Mark Campbell
Robinson Creek, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1518823

Job #42 has $88K in proposed MSHA penalties and $10K outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
2006–2014
Latest incident
Aug 2014
Compliance record
MSHA citations since 2005
241
citations
85
significant & substantial
$88,152
proposed penalties
$67,308
paid to date
76% of proposed penalties paid to date, a $20,844 gap.
Source: MSHA violations data, updated weekly.
See Premier Elkhorn Coal Company, LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2004
44
inspections on record
2,170
inspection hours
11.1
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.
241 citations across 2,170 inspection hours.
Source: MSHA inspections data, updated weekly.

Job #42 has $88K in proposed MSHA penalties and $10K outstanding across 9 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.
$88K
proposed penalties
$78K
current assessed
$67K
paid to date
$10K
outstanding
240 assessments are final orders; 9 contested dockets.
Of $41K in penalties contested before the Commission, $31K was upheld in final decisions.
As of the most recent assessment on 2014-12-04.
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.
35.4%
significant & substantial
2.1%
high negligence or reckless
35.4%
reasonably likely or greater
17.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.4% low, 82.5% moderate, 2.1% 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.
40 citations taken to the federal commission · 17% of citations on record
  • Settled 40 · 100%
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 19 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$41K proposed, $31K 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 2014-05-27.
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 2013-1026 Settlement Simonton 2014 $17K → $14K
KENT 2014-0296 Settlement Simonton 2014 $8K → $5K
KENT 2010-1063 Settlement Gill 2011 $7K → $5K
KENT 2014-0522 Settlement Simonton 2014 $4K → $2K
KENT 2010-1004 Settlement Rae 2012 $3K → $2K
KENT 2012-796 Settlement Lewis 2013 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Job #42 shows 100% of 141 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: 2015-02-04, 11 years ago
100%
within 1.5 mg/m3
141
samples
0.64
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.
135 samples taken by MSHA inspectors, 6 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR39
  • HIGHLIFT OPERATOR/FRONT END LOADER34
  • HIGHWALL DRILL OPERATOR27

Silica (quartz)

Last sampled: 2015-02-11, 11 years ago
20.3
silica avg (%)
3
samples
28.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR3
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: 2014-08-11, 12 years ago
5%
over PEL
82
samples
Most-sampled occupations
  • BULLDOZER OPERATOR36
  • HIGHLIFT OPERATOR/FRONT END LOADER18
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE13
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
2015 100% 2
2014 100% 12
2013 100% 16
2012 100% 12
2011 100% 15
2010 100% 16
2009 100% 14
2008 100% 14
2007 100% 15
2006 100% 7
2005 100% 18
Silica (quartz) by year
Year silica avg (%) samples
2015 5.2 1
2014 27.3 1
2010 28.3 1
Noise by year
Year over PEL samples
2014 0% 5
2013 14% 7
2012 0% 5
2011 0% 5
2010 0% 6
2009 33% 6
2008 0% 7
2007 0% 22
2005 5% 19
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Job #42 recorded 5.04 reportable injury cases per 100 full-time workers in 2014.

Injury rate, 2014
ⓘ 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.
5.04
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 2.93 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
2014 * 5.04 0.00 0.000
2013 7.59 1.90 0.000
2012 * 0.00 0.00 0.000
2011 1.71 1.71 0.000
2010 3.28 3.28 0.000
2009 0.00 0.00 0.000
2008 0.00 0.00 0.000
2007 1.92 1.92 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. Premier Elkhorn Coal Company, LLC 2004 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)
2015 2
2014 16 112,545
2013 40 400,510
2012 40 439,464
2011 40 484,860
2010 42 527,095
2009 41 549,264
2008 38 562,572
2007 37 550,796
2006 36 565,476
2005 32 444,256
Source: MSHA quarterly employment and production, updated weekly.

Job #42 sits in Pike County, Kentucky, where the Census mining category is 5.1% 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.
Pike County, Kentucky · Population 57,466
5.1%
Mining share of county employment
$42,179
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
2015 Q1 804 0 0 0.0
2014 Q4 4,267 1 0 234.4
2014 Q3 9,232 7 0 758.2
2014 Q2 10,983 0 0 0.0
2014 Q1 15,181 8 2 527.0
2013 Q4 23,390 0 0 0.0
2013 Q3 27,075 4 2 147.7
2013 Q2 27,769 10 4 360.1
Show 33 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q1 27,144 10 4 368.4
2012 Q4 20,674 1 0 48.4
2012 Q3 23,713 16 4 674.7
2012 Q2 24,687 0 0 0.0
2012 Q1 27,784 15 2 539.9
2011 Q4 27,481 0 0 0.0
2011 Q3 28,230 10 2 354.2
2011 Q2 30,578 0 0 0.0
2011 Q1 30,483 3 2 98.4
2010 Q4 29,939 0 0 0.0
2010 Q3 29,393 10 4 340.2
2010 Q2 30,371 0 0 0.0
2010 Q1 32,137 14 6 435.6
2009 Q4 27,094 0 0 0.0
2009 Q3 26,392 10 6 378.9
2009 Q2 29,474 0 0 0.0
2009 Q1 30,121 13 6 431.6
2008 Q4 25,710 0 0 0.0
2008 Q3 28,190 6 4 212.8
2008 Q2 29,567 0 0 0.0
2008 Q1 25,883 2 2 77.3
2007 Q4 26,763 0 0 0.0
2007 Q3 25,351 1 0 39.4
2007 Q2 26,529 1 0 37.7
2007 Q1 25,438 0 0 0.0
2006 Q4 26,458 0 0 0.0
2006 Q3 24,929 1 1 40.1
2006 Q2 26,341 0 0 0.0
2006 Q1 24,952 0 0 0.0
2005 Q4 26,345 1 1 38.0
2005 Q3 25,208 1 1 39.7
2005 Q2 25,033 0 0 0.0
2005 Q1 14,949 1 1 66.9
No fatalities recorded at this mine.

Reportable incidents

15 on file

2014 · 3 incidents

April 3, 2014 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Premier Elkhorn Coal Company, LLC · Struck by... (Not Elsewhere Classified)

Victim was cutting open a seed bag with a pocket knife. The pocket knife glazed through the seed bag and the middle portion of his left forearm. This laceration resulted with twelve sutures. This man returned to work the following day.

January 2, 2014 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
Premier Elkhorn Coal Company, LLC · (Not Elsewhere Classified)

Hearing loss - Premier Elkhorn Safety Dept personnel were notified that a former employee had filed a hearing loss claim.

2013 · 4 incidents

July 29, 2013 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Premier Elkhorn Coal Company, LLC · Struck against a moving object

Employee was operating a rock truck when he encountered rough terrain, causing the truck seat to bottom out, resulting in neck and back pain. The employee began missing work on August 5, 2013, as a result of this injury.

July 24, 2013 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Premier Elkhorn Coal Company, LLC · Struck by... (Not Elsewhere Classified)

Employee was using an impact gun & socket. When a pin came out of the socket, it struck the palm of employee's Left hand, resulting in a puncture wound that required suturing.

July 18, 2013 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
Premier Elkhorn Coal Company, LLC · (Not Elsewhere Classified)

Hearing loss - Premier Elkhorn Coal Company Safety Dept. personnel was notified on 9/23/13 that the former employee had filed a hearing loss claim on 7/18/13

April 24, 2013 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
Premier Elkhorn Coal Company, LLC · (Not Elsewhere Classified)

Premier Elkhorn Coal, LLC safety dept. was notified that a former employee filed & settled a hearing loss claim.

2011 · 1 incident

September 7, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Premier Elkhorn Coal Company, LLC · Struck by falling object

Employee was replacing a blown hose on a CAT D-11 Dozer and had to drop the front belly pan in the process. The belly pan was supported by a strap which became fouled, creating slack, and allowing the belly pan to drop 6" - 8". The belly pan struck the victim in the head, resulting in a laceration that required suturing.

2010 · 3 incidents

December 6, 2010 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Premier Elkhorn Coal Company, LLC · Struck by falling object

Employee chose to use bathroom beside the dozer blade. Employee was not wearing a hard hat. Rock fell from blade of dozer and struck employee in head, resulting in laceration that required stitches.

October 8, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Premier Elkhorn Coal Company, LLC · Struck by falling object

EE had placed his 1" impact wrench on the top step of the loader. While he was hanging his hose on the railing, the impact wrench fell and hit hm on his left foot, right behind the hard toe.

January 16, 2010 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Premier Elkhorn Coal Company, LLC · Struck against a moving object

On January 18th, 2010, the accident victim reported to his supervisor that on January 16th, 2010, he had become injured when he was backing up his dozer and it struck the ground forcefully, injuring his neck and upper back area (between his shoulder blades). The injured employee then began missing work as a result on January 19th, 2010.

2008 · 1 incident

June 4, 2008 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Premier Elkhorn Coal Company, LLC · Over-exertion (Not Elsewhere Classified)

Employee was using the grab iron on the equipment to step on the rear of a 14G motor grader so that the engine could be checked for a leak. When he pulled on the grab iron he felt a pop in his right shoulder.

2007 · 1 incident

May 1, 2007 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Premier Elkhorn Coal Company, LLC · Struck against a moving object

The rock trk driver was traveling downhill from pit to the dump site on the haul road when he turned abruptly to avoid an oncoming coal truck. This maneuver caused the driver to run through an 8-ft berm & fall several ft into the pit.

2006 · 2 incidents

July 15, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Premier Elkhorn Coal Company, LLC · Over-exertion (Not Elsewhere Classified)

Employee was installing test fittings in a wheel loader when he felt pain in the right side of his back. He initially thought he was getting a kidney stone. The pain continued to get worse throughout the remainder of the weekend.

January 9, 2006 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver OTHER
Premier Elkhorn Coal Company, LLC · Caught in, under or between a moving and a stationary object

THE EMPLOYEE WAS REPAIRING A DOOR LATCH STRIKER WHEN THE WIND BLEW THE DOOR CLOSED ON THE VICTIM'S LEFT HAND. THE INCIDENT RESULTED IN A LACERATION TO THE VICTIM'S MIDDLE FINGER THAT REQUIRED STITCHES.