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Job #59 Pond Knob Surface: 156 MSHA citations Coal

Controlled by J Mark Campbell
Elkhorn City, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1519145

Job #59 Pond Knob Surface has $108K in proposed MSHA penalties and $621 outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
10
Years on record
2008–2013
Latest incident
May 2013
Compliance record
MSHA citations since 2008
156
citations
53
significant & substantial
$108,485
proposed penalties
$50,876
paid to date
47% of proposed penalties paid to date, a $57,609 gap.
Source: MSHA violations data, updated weekly.
See Premier Elkhorn Coal, LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2007
30
inspections on record
1,851
inspection hours
8.4
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.
156 citations across 1,851 inspection hours.
Source: MSHA inspections data, updated weekly.

Job #59 Pond Knob Surface has $108K in proposed MSHA penalties and $621 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.
$108K
proposed penalties
$51K
current assessed
$51K
paid to date
$621
outstanding
154 assessments are final orders; 8 contested dockets.
Of $68K in penalties contested before the Commission, $11K was upheld in final decisions.
As of the most recent assessment on 2014-10-21.
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.
34.4%
significant & substantial
0.6%
high negligence or reckless
35.1%
reasonably likely or greater
16.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 21.4% low, 77.9% moderate, 0.6% 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.
10 citations taken to the federal commission · 6% of citations on record
  • Settled 10 · 100%
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 8 decided S&S contests · industry: 79%
84%
Penalty reduction in decided contests
$68K proposed, $11K 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 2014-09-22.
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 2014-0464 Settlement Rae 2015 $57K → $2K
KENT 2013-1014 Settlement Rae 2014 $4K → $3K
KENT 2012-1520 Settlement Paez 2013 $3K → $2K
KENT 2014-0813 Settlement Rae 2015 $1K → $1K
KENT 2009-1294 Settlement Lesnick 2010 $1K → $970
KENT 2012-1048 Settlement Paez 2013 $687 → $550
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Job #59 Pond Knob Surface shows 99% of 105 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: 2015-03-25, 11 years ago
99%
within 1.5 mg/m3
105
samples
1.56
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.
100 samples taken by MSHA inspectors, 5 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR26
  • HIGHLIFT OPERATOR/FRONT END LOADER22
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE22

Silica (quartz)

Last sampled: 2014-10-27, 11 years ago
13.2
silica avg (%)
3
samples
28.1
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR2
  • 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: 2014-11-14, 11 years ago
2%
over PEL
49
samples
Most-sampled occupations
  • BULLDOZER OPERATOR13
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE12
  • HIGHLIFT OPERATOR/FRONT END LOADER10
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% 21
2013 100% 13
2012 100% 13
2011 100% 14
2010 100% 7
2009 95% 21
2008 100% 14
Noise by year
Year over PEL samples
2014 0% 11
2013 0% 7
2012 0% 6
2011 0% 6
2010 14% 7
2009 0% 5
2008 0% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Job #59 Pond Knob Surface recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 2.06 2.06 0.000
2011 0.00 0.00 0.000
2010 5.67 2.84 0.000
2009 3.44 1.72 0.000
2008 * 5.76 5.76 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. Apex Energy Inc 2007 to 2017
  2. Premier Elkhorn Coal, LLC 2017 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)
2018 0
2017 0
2016 0
2015 4 22,361
2014 15 101,060
2013 13 118,676
2012 39 243,502
2011 51 356,513
2010 49 487,381
2009 44 385,148
2008 27 258,985
2007 8 42,192
Source: MSHA quarterly employment and production, updated weekly.

Job #59 Pond Knob Surface 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
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
Show 35 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 9,362 0 0 0.0
2014 Q4 10,407 2 0 192.2
2014 Q3 9,046 9 3 994.9
2014 Q2 11,278 2 1 177.3
2014 Q1 9,724 6 2 617.0
2013 Q4 12,063 4 1 331.6
2013 Q3 7,155 0 0 0.0
2013 Q2 7,577 13 4 1715.7
2013 Q1 8,024 4 0 498.5
2012 Q4 15,170 2 1 131.8
2012 Q3 23,008 6 1 260.8
2012 Q2 29,706 2 0 67.3
2012 Q1 29,428 10 1 339.8
2011 Q4 35,780 0 0 0.0
2011 Q3 34,376 8 5 232.7
2011 Q2 30,966 0 0 0.0
2011 Q1 32,508 7 1 215.3
2010 Q4 36,818 0 0 0.0
2010 Q3 38,677 5 5 129.3
2010 Q2 30,747 8 4 260.2
2010 Q1 34,827 10 4 287.1
2009 Q4 30,928 0 0 0.0
2009 Q3 33,975 4 4 117.7
2009 Q2 24,897 7 3 281.2
2009 Q1 26,396 7 2 265.2
2008 Q4 18,245 0 0 0.0
2008 Q3 17,268 3 0 173.7
2008 Q2 15,378 0 0 0.0
2008 Q1 18,500 4 1 216.2
2007 Q4 8,549 0 0 0.0
2007 Q3 0 0 0
No fatalities recorded at this mine.

Reportable incidents

10 on file

2013 · 1 incident

May 6, 2013 KY · Coal EXPLOSIVES AND BREAKING AGENTS
Apex Energy Inc · Accident type, without injuries

A Fly rock incident happened at this mine on 5-6-13. No injury occurred there was some property damage. This incident is still being investigated by state of Kentucky & MSHA

2012 · 1 incident

November 16, 2012 KY · Coal rotary bucket excavator operator MACHINERY
Apex Energy Inc · Struck against a moving object

Employee was tramming excavator around hill. Ran over rock and slid off rock jarring his back causing pain.

2010 · 4 incidents

December 16, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Apex Energy Inc · Over-exertion (Not Elsewhere Classified)

EE was cleaning off side mirrors when he slipped and grabbed the handrail of the truck causing pain in his left shoulder and arm.

September 2, 2010 KY · Coal outside foreman, leadman SLIP OR FALL OF PERSON
Apex Energy Inc · Fall from machine

EE climbed upon the push arm of D-11 Dozer then onto track while reaching for the handrail on hood he slipped and fell to the ground.

July 31, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech EXPLODING VESSELS UNDER PRESSURE
Apex Energy Inc · Struck by flying object

Employee and mechanic were burning trash when an aerosol can exploded, sending debris into his face, causing a laceration to lower lip and right arm.

July 31, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech EXPLODING VESSELS UNDER PRESSURE
Apex Energy Inc · Struck by flying object

Employee and service man were burning trash, when an aerosol can exploded, sending debris into his face, causing lacerations over nose and right eye.

2009 · 2 incidents

October 28, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Apex Energy Inc · Fall from machine

Employee was climbing down ladder of rock truck when he slipped and fell to ground.

April 29, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Apex Energy Inc · Caught in, under or between (Not Elsewhere Classified)

Employee was working on air conditioner unit of 992 front end loader. He was trouble shooting the fan in the unit when it started to turn striking his left hand cutting his left index and middle fingers.

2008 · 2 incidents

December 16, 2008 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Apex Energy Inc · Fall from machine

Employee was climbing down steps of Cat 777 rcck truck, he had tools in his hand. He missed the last step and fell to the ground landing on his right hip and back.

February 25, 2008 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Apex Energy Inc · Struck against a moving object

Complained of pain in right arm.