Mining Incidents

Job #45: 272 MSHA citations Coal

Controlled by J Mark Campbell
Myra, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1518784

Job #45 has $78K in proposed MSHA penalties and $15K outstanding across 13 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
11
Years on record
2008–2012
Latest incident
Jan 2012
Compliance record
MSHA citations since 2004
272
citations
59
significant & substantial
$77,946
proposed penalties
$59,512
paid to date
76% of proposed penalties paid to date, a $18,434 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
45
inspections on record
2,323
inspection hours
11.7
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.
272 citations across 2,323 inspection hours.
Source: MSHA inspections data, updated weekly.

Job #45 has $78K in proposed MSHA penalties and $15K outstanding across 13 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.
$78K
proposed penalties
$74K
current assessed
$60K
paid to date
$15K
outstanding
264 assessments are final orders; 13 contested dockets.
Of $17K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2013-09-05.
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.
22.3%
significant & substantial
4.5%
high negligence or reckless
22.7%
reasonably likely or greater
7.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.4% none, 18.2% low, 76.9% moderate, 4.5% 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.
49 citations taken to the federal commission · 18% of citations on record
  • Settled 48 · 98%
  • Stood as issued 1 · 2%
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 6 decided S&S contests · industry: 79%
23%
Penalty reduction in decided contests
$17K proposed, $13K 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 2012-06-06.
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 2010-818 Settlement Pope II 2012 $7K → $6K
KENT 2010-1062 Settlement Gill 2011 $3K → $2K
KENT 2008-1560 Settlement Rae 2012 $2K → $1K
KENT 2010-1143 Settlement Paez 2013 $1K → $1K
KENT 2010-803 Settlement Lesnick 2012 $921 → $690
KENT 2010-1003 Settlement Rae 2011 $624 → $500
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Job #45 shows 100% of 208 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: 2013-10-31, 12 years ago
100%
within 1.5 mg/m3
208
samples
1.12
dust max (mg/m3)
154 samples taken by MSHA inspectors, 54 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR90
  • HIGHWALL DRILL OPERATOR34
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE32

Silica (quartz)

Last sampled: 2013-02-13, 13 years ago
18.0
silica avg (%)
22
samples
30.9
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR14
  • HIGHWALL DRILL OPERATOR5
  • BLASTER/SHOOTER/SHOTFIRER2

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: 2013-09-05, 12 years ago
11%
over PEL
70
samples
Most-sampled occupations
  • BULLDOZER OPERATOR26
  • HIGHLIFT OPERATOR/FRONT END LOADER14
  • HIGHWALL DRILL OPERATOR12
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
2013 100% 16
2012 100% 38
2011 100% 45
2010 100% 45
2009 100% 32
2008 100% 10
2005 100% 15
2004 100% 7
Silica (quartz) by year
Year silica avg (%) samples
2013 28.8 2
2012 29.4 3
2011 15.3 8
2010 12.8 2
2009 15.1 3
2008 14.4 4
Noise by year
Year over PEL samples
2013 20% 5
2012 0% 13
2011 7% 15
2010 20% 5
2009 0% 6
2008 21% 14
2005 29% 7
2004 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Job #45 recorded 1.53 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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.
1.53
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In Kentucky, coal mining averaged 4.35 cases per 100 workers that year.
Year total case rate days-away fatal
2012 1.53 0.00 0.000
2011 2.89 1.93 0.000
2010 2.95 1.97 0.000
2009 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2005 * 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. Premier Elkhorn Coal Company 2004 to present
  2. Meade & Shepherd Coal Company Inc 2005 to 2005
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 37 151,054
2012 57 393,425
2011 74 617,748
2010 71 886,197
2009 67 859,252
2008 29 421,018
2007 3
2006 3
2005 10 59,713
2004 8 44,392
Source: MSHA quarterly employment and production, updated weekly.

Job #45 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
2013 Q3 11,982 5 2 417.3
2013 Q2 25,530 0 0 0.0
2013 Q1 30,100 6 3 199.3
2012 Q4 23,455 0 0 0.0
2012 Q3 28,380 11 3 387.6
2012 Q2 33,185 0 0 0.0
2012 Q1 45,602 14 3 307.0
2011 Q4 55,117 0 0 0.0
Show 28 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q3 50,465 10 1 198.2
2011 Q2 51,500 0 0 0.0
2011 Q1 50,375 10 1 198.5
2010 Q4 49,852 0 0 0.0
2010 Q3 48,453 9 0 185.7
2010 Q2 53,040 3 1 56.6
2010 Q1 52,058 26 3 499.4
2009 Q4 47,246 15 2 317.5
2009 Q3 45,432 9 2 198.1
2009 Q2 48,127 0 0 0.0
2009 Q1 41,260 12 2 290.8
2008 Q4 35,753 2 0 55.9
2008 Q3 28,963 7 2 241.7
2008 Q2 9,336 6 1 642.7
2008 Q1 259 0 0 0.0
2007 Q4 1,658 0 0 0.0
2007 Q3 2,644 0 0 0.0
2007 Q2 1,750 0 0 0.0
2007 Q1 1,503 2 0 1330.7
2006 Q4 521 0 0 0.0
2006 Q2 1,270 0 0 0.0
2006 Q1 3,483 3 0 861.3
2005 Q4 0 0 0
2005 Q3 19,268 3 1 155.7
2005 Q2 0 5 2
2005 Q1 8,097 8 3 988.0
2004 Q4 8,966 0 0 0.0
2004 Q3 2,088 1 0 478.9
No fatalities recorded at this mine.

Reportable incidents

11 on file

2012 · 1 incident

January 20, 2012 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
Premier Elkhorn Coal Company · (Not Elsewhere Classified)

Hearing Loss - Premier Elkhorn Safety Dept. personnel was notified that a former employee had filed a Hearing Loss claim.

2011 · 3 incidents

November 19, 2011 KY · Coal outside foreman, leadman DISORDERS (REPEATED TRAUMA)
Premier Elkhorn Coal Company · (Not Elsewhere Classified)

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

July 5, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Premier Elkhorn Coal Company · Over-exertion in lifting objects

Employee was lifting blocks in front of dozer blade to prevent against motion when he injured his lower back. He began missing work on 7/11/2011 as a result of this injury.

January 24, 2011 KY · Coal outside foreman, leadman HANDLING OF MATERIALS
Premier Elkhorn Coal Company · Caught in, under or between a moving and a stationary object

Removing chain hoist, chain slipped down and caught finger cutting off tip of left hand ring finger. Employee began missing work as a result of this injury on 01/25/11.

2010 · 3 incidents

June 2, 2010 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Premier Elkhorn Coal Company · Fall from machine

Employee was mounting loader when his Right ankle turned, causing him to fall, straining his neck and back. Employee began missing work as a result of this injury on 9/27/10.

May 26, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Premier Elkhorn Coal Company · Struck by flying object

Dozer tracks were being loaded onto a truck, when the hook broke, dropping a section of track. A piece of metal then chipped off the dropped track and struck the employee in the chest, resulting in a laceration that required suturing.

May 7, 2010 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Premier Elkhorn Coal Company · Over-exertion in pulling or pushing objects

On May 7th, 2010, the employee was both pulling and lifting on a hose to attach to the water truck when he began experiencing upper back pain. Then, on 5/28/2010, the employee began missing work as a result of this accident.

2009 · 3 incidents

November 2, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Premier Elkhorn Coal Company · Over-exertion (Not Elsewhere Classified)

Employee was kneeling sorting parts and had pain in lower back.

June 16, 2009 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer OTHER
Premier Elkhorn Coal Company · Bodily reaction, (Not Elsewhere Classified)

EE was helping replace a tooth on a bulldozer and was in a squating position. When he attempted to stand up from his work position, he twisted his left knee.

January 8, 2009 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Premier Elkhorn Coal Company · Struck against a moving object

A bulldozer became lodged on a tree stump, causing it to overturn when operator tried to remove it.

2008 · 1 incident

June 6, 2008 KY · Coal FIRE
Premier Elkhorn Coal Company · Accident type, without injuries

Operator saw smoke and pulled over. The operator then saw smoke and fire in the engine compartment when he raised the hood. He then retrieved his fire extinguisher in an attempt to put out the fire, but to no avail.