Employee was being loaded by a loader when a rock fell from the loader bucket and hit the bed of the truck jarring the employee's back.
Johnson Branch #2: 79 MSHA citations Coal
Nally & Hamilton Enterprises Inc
· Surface
Controlled by
Thomas R Hamilton
Premium,
Letcher County,
KY
·
Abandoned
MSHA Mine ID: 1518191
Johnson Branch #2 has $10K in proposed MSHA penalties and $220 outstanding across 5 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 6
- Years on record
- 2000–2011
- Latest incident
- Aug 2011
Compliance record
MSHA citations since 2000
79
citations
23
significant & substantial
$10,119
proposed penalties
$9,684
paid to date
96% of proposed penalties paid to date, a $435 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
20
inspections on record
431
inspection hours
n/a
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.Rate withheld: 431 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Johnson Branch #2 has $10K in proposed MSHA penalties and $220 outstanding across 5 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.$10K
proposed penalties
$10K
current assessed
$10K
paid to date
$220
outstanding
79 assessments are final orders; 5 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2012-06-04.
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.29.1%
significant & substantial
1.3%
high negligence or reckless
29.1%
reasonably likely or greater
1.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.8% low, 94.9% moderate, 1.3% 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.
27
citations taken to the federal commission · 34% of citations on record
- Settled 16 · 59%
- Stood as issued 10 · 37%
- Vacated or withdrawn 1 · 4%
75%
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 4 decided S&S contests · industry: 79%
9%
Penalty reduction in decided contests
$4K proposed, $3K 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 2012-03-19.
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 2011-705 | Settlement | McCarthy | 2011 | $962 → $872 |
| KENT 2012-748 | Default | Lesnick | 2012 | $860 → $860 |
| KENT 2012-49 | Settlement | McCarthy | 2013 | $685 → $500 |
| KENT 2011-315 | Settlement | McCarthy | 2011 | $562 → $522 |
| KENT 2012-229 | Default | Lesnick | 2012 | $500 → $500 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Johnson Branch #2 shows 100% of 36 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: 2011-09-01, 14 years ago
ⓘ
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.100%
within 1.5 mg/m3
36
samples
1.00
dust max (mg/m3)
30 samples taken by MSHA inspectors, 6 by the operator.
Most-sampled occupations
- HIGHLIFT OPERATOR/FRONT END LOADER8
- HIGHWALL DRILL OPERATOR8
- BLASTER/SHOOTER/SHOTFIRER7
Silica (quartz)
Last sampled: 2000-12-27, 25 years ago14.5
silica avg (%)
5
samples
20.7
silica max (%)
Most-sampled occupations
- BLASTER/SHOOTER/SHOTFIRER2
- HIGHWALL DRILL OPERATOR2
- BULLDOZER OPERATOR1
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: 2011-09-01, 14 years ago
ⓘ
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.16%
over PEL
19
samples
Most-sampled occupations
- BULLDOZER OPERATOR6
- HIGHLIFT OPERATOR/FRONT END LOADER5
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE4
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 |
|---|---|---|
| 2011 | 100% | 7 |
| 2010 | 100% | 5 |
| 2000 | 100% | 24 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2011 | 0% | 6 |
| 2010 | 0% | 8 |
| 2000 | 60% | 5 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Johnson Branch #2 recorded 4.26 reportable injury cases per 100 full-time workers in 2011.
Injury rate, 2011
ⓘ
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.4.26
total case rate
4.26
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Kentucky, coal mining averaged 4.28 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 |
|---|---|---|---|
| 2011 * | 4.26 | 4.26 | 0.000 |
| 2000 | 5.79 | 5.79 | 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
- Nally & Hamilton Enterprises Inc 1999 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) |
|---|---|---|
| 2012 | 1 | |
| 2011 | 34 | 163,149 |
| 2010 | 34 | 48,590 |
| 2001 | 15 | 9,234 |
| 2000 | 34 | 338,275 |
Source: MSHA quarterly employment and production, updated weekly.
Johnson Branch #2 sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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 |
|---|---|---|---|---|
| 2012 Q4 | 0 | 0 | 0 | |
| 2012 Q3 | 0 | 0 | 0 | |
| 2012 Q2 | 0 | 4 | 0 | |
| 2012 Q1 | 393 | 5 | 1 | 12722.6 |
| 2011 Q4 | 22,985 | 0 | 0 | 0.0 |
| 2011 Q3 | 25,302 | 9 | 0 | 355.7 |
| 2011 Q2 | 23,654 | 1 | 0 | 42.3 |
| 2011 Q1 | 22,018 | 1 | 1 | 45.4 |
Show 10 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2010 Q4 | 23,774 | 7 | 1 | 294.4 |
| 2010 Q3 | 2,626 | 5 | 1 | 1904.0 |
| 2001 Q4 | 0 | 0 | 0 | |
| 2001 Q3 | 1,066 | 0 | 0 | 0.0 |
| 2001 Q2 | 6,714 | 1 | 0 | 148.9 |
| 2001 Q1 | 10,272 | 0 | 0 | 0.0 |
| 2000 Q4 | 23,033 | 18 | 6 | 781.5 |
| 2000 Q3 | 24,102 | 12 | 7 | 497.9 |
| 2000 Q2 | 26,601 | 0 | 0 | 0.0 |
| 2000 Q1 | 29,973 | 7 | 4 | 233.5 |
No fatalities recorded at this mine.
Reportable incidents
6 on file2011 · 2 incidents
August 25, 2011
KY · Coal
haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver
POWERED HAULAGE
Nally & Hamilton Enterprises Inc · Struck against a moving object
January 14, 2011
KY · Coal
front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator
POWERED HAULAGE
Nally & Hamilton Enterprises Inc · Struck against a moving object
980 Loader turned over
2001 · 1 incident
January 27, 2001
KY · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
HANDLING OF MATERIALS
Nally & Hamilton Enterprises Inc · Struck against stationary object
EE WAS GETTING OFF THE MECHANICS TRUCK WHEN HE HIT HIS ELBOW.
2000 · 3 incidents
August 14, 2000
KY · Coal
bulldozer operator, universal operator, heavy equipment operator, operating engineer
POWERED HAULAGE
Nally & Hamilton Enterprises Inc · Struck against a moving object
LOADER WAS LOADING EMPLOYEE'S TRUCK WHEN A LARGE ROCK FELL FROM THE BUCKET JERKING THE EMPLOYEE'S BACK.
Nally & Hamilton Enterprises Inc · Over-exertion in pulling or pushing objects
EE WAS TRYING TO PUSH HOSE AWAY FROM DRILL STEELWHEN HE TWISTED HIS BACK
January 3, 2000
KY · Coal
front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator
POWERED HAULAGE
Nally & Hamilton Enterprises Inc · Struck by... (Not Elsewhere Classified)
ROCK FELL FROM SHOT STRIKING LOADER CAB BUSTING SIDE GLASS. GLASS CUT EE'S ARM AND EE WAS COMPLAINE OF A SORE NECK.