Mining Incidents

Job #49: 1 recorded fatality Coal

Controlled by James Eric Davidson
Myra, Pike County, KY  ·  NonProducing
MSHA Mine ID: 1518946

Job #49 has $197K in proposed MSHA penalties and $49K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
18
Years on record
2007–2020
Latest incident
Jul 2020
Compliance record
MSHA citations since 2006
437
citations
121
significant & substantial
$197,468
proposed penalties
$132,594
paid to date
67% of proposed penalties paid to date, a $64,874 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
71
inspections on record
4,969
inspection hours
8.8
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.
437 citations across 4,969 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2015-11-05.
On record since 2015.
Source: MSHA imminent-danger order records, updated weekly.

Job #49 has $197K in proposed MSHA penalties and $49K outstanding across 8 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.
$197K
proposed penalties
$182K
current assessed
$133K
paid to date
$49K
outstanding
423 assessments are final orders; 8 contested dockets.
Of $61K in penalties contested before the Commission, $43K was upheld in final decisions.
As of the most recent assessment on 2023-03-15.
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.
28.5%
significant & substantial
1.9%
high negligence or reckless
28.8%
reasonably likely or greater
10.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 9.2% low, 88.4% moderate, 1.9% 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.
16 citations taken to the federal commission · 4% of citations on record
  • Settled 12 · 75%
  • Stood as issued 1 · 6%
  • Vacated or withdrawn 3 · 19%
73%
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 11 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$61K proposed, $43K 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 2011-03-09.
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 2009-883 Settlement Rae 2012 $52K → $39K
KENT 2011-713 Settlement McCarthy 2011 $4K → $1K
KENT 2010-819 Settlement McCarthy 2012 $3K → $1K
KENT 2010-921 Settlement Miller 2012 $873 → $600
KENT 2009-1260 Dismissal Paez 2010 $392 → $0
KENT 2009-884 Settlement Rae 2011 $392 → $275
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Job #49 shows 100% of 426 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: 2022-01-25, 4 years ago
100%
within 1.5 mg/m3
426
samples
1.57
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.
277 samples taken by MSHA inspectors, 149 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR169
  • BULLDOZER OPERATOR115
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE60

Silica (quartz)

Last sampled: 2021-04-13, 5 years ago
18.1
silica avg (%)
44
samples
40.4
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR26
  • BULLDOZER OPERATOR16
  • ROTARY BUCKET EXCAVATOR OPERATOR2

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: 2021-04-06, 5 years ago
3%
over PEL
95
samples
Most-sampled occupations
  • BULLDOZER OPERATOR29
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE22
  • HIGHLIFT OPERATOR/FRONT END LOADER18
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
2022 100% 3
2021 100% 12
2020 100% 16
2019 100% 11
2018 100% 28
2017 100% 42
2016 100% 56
2015 100% 74
2014 100% 29
2013 100% 16
2012 100% 19
2011 100% 18
2010 100% 19
2009 100% 20
2008 100% 14
2007 97% 36
2006 100% 13
Silica (quartz) by year
Year silica avg (%) samples
2021 15.8 2
2020 29.0 1
2018 17.5 5
2017 18.0 7
2016 19.7 9
2015 12.0 4
2013 25.4 1
2010 25.1 2
2009 19.6 2
2008 11.9 1
2007 25.5 3
2006 13.4 7
Noise by year
Year over PEL samples
2021 11% 9
2020 0% 5
2019 0% 4
2017 0% 8
2016 0% 11
2015 0% 11
2014 0% 6
2013 0% 4
2012 0% 5
2011 0% 6
2010 0% 5
2009 0% 6
2007 20% 10
2006 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Job #49 recorded 0.00 reportable injury cases per 100 full-time workers in 2021.

Injury rate, 2021
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 3.35 and the all-US-mining average was 2.19 cases per 100 workers.
In Kentucky, coal mining averaged 4.58 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
2021 * 0.00 0.00 0.000
2020 * 3.77 3.77 0.000
2019 * 3.07 3.07 0.000
2018 * 0.00 0.00 0.000
2017 * 0.00 0.00 0.000
2016 * 7.40 7.40 0.000
2015 4.41 2.94 0.000
2014 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. M and D Pipeline, Inc 2005 to 2006
  2. Premier Elkhorn Coal Company, LLC 2006 to 2019
  3. Virgie Clean Mining, LLC 2019 to 2021
  4. Myra Resources, LLC 2021 to 2024
  5. Reckoning Reclamation,LLC. 2024 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)
2026 0
2023 4
2022 7
2021 26 66,500
2020 27 104,167
2019 24 74,041
2018 31 127,167
2017 33 148,322
2016 32 172,397
2015 59 246,394
2014 60 284,720
2013 29 152,291
2012 31 201,656
2011 32 274,391
2010 36 258,528
2009 32 254,177
2008 29 266,644
2007 25 210,530
2006 15 87,975
Source: MSHA quarterly employment and production, updated weekly.

Job #49 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
2026 Q2 0 0 0
2026 Q1 0 0 0
2023 Q2 4,000 0 0 0.0
2023 Q1 0 1 0
2022 Q4 4,000 0 0 0.0
2021 Q4 5,256 0 0 0.0
2021 Q3 14,669 0 0 0.0
2021 Q2 23,691 6 4 253.3
Show 60 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q1 17,248 2 0 116.0
2020 Q4 9,786 1 0 102.2
2020 Q3 16,635 0 0 0.0
2020 Q2 13,365 6 3 448.9
2020 Q1 13,257 7 3 528.0
2019 Q4 3,365 0 0 0.0
2019 Q3 21,991 0 0 0.0
2019 Q2 17,513 5 1 285.5
2019 Q1 22,309 1 0 44.8
2018 Q4 18,986 22 11 1158.7
2018 Q3 21,754 2 1 91.9
2018 Q2 19,255 16 5 831.0
2018 Q1 23,818 0 0 0.0
2017 Q4 21,692 14 7 645.4
2017 Q3 22,896 0 0 0.0
2017 Q2 23,584 10 3 424.0
2017 Q1 21,486 11 1 512.0
2016 Q4 22,935 0 0 0.0
2016 Q3 16,744 10 0 597.2
2016 Q2 19,872 0 0 0.0
2016 Q1 21,489 30 4 1396.1
2015 Q4 29,024 3 0 103.4
2015 Q3 36,009 17 1 472.1
2015 Q2 36,227 2 1 55.2
2015 Q1 34,736 14 0 403.0
2014 Q4 33,484 0 0 0.0
2014 Q3 38,189 0 0 0.0
2014 Q2 37,156 14 1 376.8
2014 Q1 43,759 10 3 228.5
2013 Q4 25,045 0 0 0.0
2013 Q3 11,895 10 2 840.7
2013 Q2 14,992 0 0 0.0
2013 Q1 15,540 3 2 193.1
2012 Q4 13,871 0 0 0.0
2012 Q3 19,341 7 3 361.9
2012 Q2 18,522 0 0 0.0
2012 Q1 19,904 7 1 351.7
2011 Q4 20,450 0 0 0.0
2011 Q3 23,334 7 3 300.0
2011 Q2 23,894 0 0 0.0
2011 Q1 24,514 2 1 81.6
2010 Q4 23,720 7 2 295.1
2010 Q3 22,033 5 1 226.9
2010 Q2 25,524 0 0 0.0
2010 Q1 31,081 5 2 160.9
2009 Q4 20,534 2 0 97.4
2009 Q3 20,809 0 0 0.0
2009 Q2 23,011 6 2 260.7
2009 Q1 21,507 9 5 418.5
2008 Q4 19,377 0 0 0.0
2008 Q3 21,798 1 1 45.9
2008 Q2 22,634 7 0 309.3
2008 Q1 20,090 1 0 49.8
2007 Q4 19,216 3 2 156.1
2007 Q3 18,058 5 0 276.9
2007 Q2 17,845 0 0 0.0
2007 Q1 17,177 6 0 349.3
2006 Q4 16,347 0 0 0.0
2006 Q3 14,011 7 0 499.6
2006 Q2 2,666 1 1 375.1

Fatalities at this mine

1 recorded
June 3, 2008 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman Fatality · MACHINERY
Premier Elkhorn Coal Company, LLC · Caught in, under or between a moving and a stationary object

A tree split & fell onto the victim, pinning him between two trees.

Reportable incidents

17 on file (excluding fatalities above)

2020 · 1 incident

July 30, 2020 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Virgie Clean Mining, LLC · Over-exertion (Not Elsewhere Classified)

EE was lying on the ground trying to loosen bolts on a D-10 dozer with an extension, when the ratchet slipped, caused employee to try and regain balance and hurt back.

2019 · 1 incident

March 26, 2019 KY · Coal greaser, grease man, oiler, lube man, dragline oiler EXPLODING VESSELS UNDER PRESSURE
Premier Elkhorn Coal Company, LLC · Struck by flying object

Rock was stuck between grease truck back tires, mechanic removed rock and a knot formed on inside tire. Employee walked over to examine knot on tire when tire blew resulting in debris blowing in both eyes

2016 · 4 incidents

May 20, 2016 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Premier Elkhorn Coal Company, LLC · Struck against a moving object

Employee was pushing with a dozer in rock, felt pain in lower back.

April 19, 2016 KY · Coal outside foreman, leadman POWERED HAULAGE
Premier Elkhorn Coal Company, LLC · Struck against a moving object

EE was attempting to drive onto drill bench when EE hit a bump in the road, causing EE's head to strike ceiling of truck cab. This action resulted in an injury to EE's neck.

April 13, 2016 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Premier Elkhorn Coal Company, LLC · Over-exertion (Not Elsewhere Classified)

Employee dismounted dozer to check an oil leak. When EE attempted to climb onto it again, foot slipped. To avoid falling, EE attempted to catch self. As a result, EE experienced a sharp pain in left shoulder. EE began missing work on 4/26/16 due to this injury.

2015 · 3 incidents

December 31, 2015 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Premier Elkhorn Coal Company, LLC · Over-exertion (Not Elsewhere Classified)

Employee twisted Left Knee mounting a dozer. He sought medical treatment for his injury on 2/29/2016 & began missing work the same day.

December 11, 2015 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
Premier Elkhorn Coal Company, LLC · (Not Elsewhere Classified)

Hearing Loss

November 16, 2015 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Premier Elkhorn Coal Company, LLC · Over-exertion (Not Elsewhere Classified)

Employee stated that he slipped dismounting a rock truck, injuring his shoulder. He claims to have a witness & to have reported incident to his foreman, who has no record of it. Employee also claims that condition worsened over time, until he first sought treatment for his injury on 2/3/16, at which point he was taken off work.

2014 · 1 incident

February 21, 2014 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Premier Elkhorn Coal Company, LLC · Over-exertion in pulling or pushing objects

Breaking bolts loose with wrench in an awkward position wrench slipped something popped in left wrist - acute sprain

2012 · 1 incident

September 26, 2012 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Premier Elkhorn Coal Company, LLC · Over-exertion (Not Elsewhere Classified)

Employee twisted his left knee mounting a mechanic's truck.

2011 · 1 incident

August 17, 2011 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Premier Elkhorn Coal Company, LLC · Struck by... (Not Elsewhere Classified)

Employee placed his left hand into an air-conditioning vent and was subsequently struck by the fan, resulting in a laceration to his middle finger.

2010 · 1 incident

May 26, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Premier Elkhorn Coal Company, LLC · Over-exertion (Not Elsewhere Classified)

On 5/26/10, the employee twisted his right knee dismounting a dozer. Then, on 6/3/10, the employee's right knee popped while he was mounting a dozer & he was taken to a hospital for treatment. He began missing work on 6/4/10 as a result of these incidents.

2009 · 2 incidents

October 28, 2009 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Premier Elkhorn Coal Company, LLC · Struck against a moving object

Employee had proceeded off the job site when the brakes failed in his personal vehicle. The employee then attempted to maneuver the vehicle into a ditch to reach a stop, which resulted in the vehicle flipping several times. The employee sustained fractured ribs and vertebrae as a result of this incident.

September 9, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Premier Elkhorn Coal Company, LLC · Over-exertion (Not Elsewhere Classified)

Employee had been servicing a 375 Komatsu Dozer. When he stepped on the pusharm to dismount the equipment, he slipped, pulling his left arm, shoulder, & leg. He did not seek medical attention immediately after the accident, but did at a later date, at which time it was recommended that he rest his injury. The employee began missing work on 4/24/10, as a result of this incident.

2007 · 2 incidents

March 26, 2007 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Premier Elkhorn Coal Company, LLC · Fall from machine

EE had been changing oil in an excavator & was latching the hood when he stepped in oil, & his feet slipped out from underneath him, causing him to fall approx 7'. The EE landed on his feet, but did, however result in an injury to his left knee.

March 22, 2007 KY · Coal FIRE
Premier Elkhorn Coal Company, LLC · Accident type, without injuries

At approx., 1:45am, the loader operator was notified by rock truck driver that the loader was on fire at the rear of the cab. Both EE's used their fire extinguishers to put out the fire. However, the fire started burning again. This time a call was made to 911 & MSHA was notified @2:16am when it was realized fire had burned for 30 mins. without being extinguished.