Mining Incidents

K-2 Preparation Plant: 187 MSHA citations Coal

Controlled by James C Justice III
Evanston, Breathitt County, KY  ·  NonProducing
MSHA Mine ID: 1513254

K-2 Preparation Plant has $25K in proposed MSHA penalties and $3K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
19
Years on record
1983–2002
Latest incident
Sep 2002
Compliance record
MSHA citations since 2001
187
citations
39
significant & substantial
$25,015
proposed penalties
$21,985
paid to date
88% of proposed penalties paid to date, a $3,030 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
149
inspections on record
2,932
inspection hours
6.4
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.
187 citations across 2,932 inspection hours.
Source: MSHA inspections data, updated weekly.

K-2 Preparation Plant has $25K in proposed MSHA penalties and $3K 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.
$25K
proposed penalties
$25K
current assessed
$22K
paid to date
$3K
outstanding
175 assessments are final orders; 8 contested dockets.
Of $7K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2023-11-03.
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
4.0%
high negligence or reckless
21.1%
reasonably likely or greater
4.0%
permanently disabling or fatal if injury occurs
Negligence coding: 1.1% none, 5.1% low, 89.7% moderate, 4.0% 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.
21 citations taken to the federal commission · 11% of citations on record
  • Settled 11 · 52%
  • Stood as issued 9 · 43%
  • Vacated or withdrawn 1 · 5%
80%
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 5 decided S&S contests · industry: 79%
3%
Penalty reduction in decided contests
$7K proposed, $6K 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 2024-01-03.
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 2008-1464 Dismissal 2010 $4K → $4K
KENT 2008-842 Default Lesnick 2010 $886 → $886
KENT 2016-0474 Settlement Moran 2017 $456 → $328
KENT 2024-0058 Settlement McCarthy 2025 $379 → $318
KENT 2019-0321 Settlement Miller 2019 $242 → $242
KENT 2019-0336 Settlement Miller 2019 $242 → $242
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at K-2 Preparation Plant shows 98% of 42 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: 2007-03-12, 19 years ago
98%
within 1.5 mg/m3
42
samples
1.53
dust max (mg/m3)
31 samples taken by MSHA inspectors, 11 by the operator.
Most-sampled occupations
  • TIPPLE OPERATOR15
  • BULLDOZER OPERATOR10
  • UTILITY MAN6

Silica (quartz)

Last sampled: 2001-12-12, 24 years ago
4.0
silica avg (%)
3
samples
9.8
silica max (%)
Most-sampled occupations
  • TIPPLE OPERATOR2
  • UTILITY MAN1

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: 2011-04-05, 15 years ago
0%
over PEL
19
samples
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • TIPPLE OPERATOR4
  • UTILITY MAN4
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
2007 100% 5
2003 100% 4
2002 94% 16
2001 100% 11
2000 100% 6
Silica (quartz) by year
Year silica avg (%) samples
2001 6.0 2
2000 0.1 1
Noise by year
Year over PEL samples
2011 0% 1
2007 0% 5
2002 0% 10
2000 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

K-2 Preparation Plant recorded 11.46 reportable injury cases per 100 full-time workers in 2002.

Injury rate, 2002
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.
11.46
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 6.89 and the all-US-mining average was 5.05 cases per 100 workers.
In Kentucky, coal mining averaged 8.22 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
2002 * 11.46 0.00 0.000
2001 * 13.69 6.85 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. Redwood Coal Company Inc 1981 to 1984
  2. Sierra Coal Company 1984 to 1986
  3. Consol Of Kentucky Inc 1986 to 1996
  4. Addington Mining Inc 1996 to 2001
  5. Appalachian Fuels LLC 2001 to 2011
  6. Kentucky Fuel Corporation 2011 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 3
2025 3
2024 2
2021 3
2020 3
2019 3
2018 4
2017 1
2016 1
2015 3
2014 3
2013 0
2012 1
2011 1
2010 0
2009 0
2008 1
2007 3
2006 10
2005 2
2004 1
2003 10
2002 17
2001 12
2000 12
Source: MSHA quarterly employment and production, updated weekly.

K-2 Preparation Plant sits in Breathitt County, Kentucky, where the Census mining category is 2.3% 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.
Breathitt County, Kentucky · Population 13,438
2.3%
Mining share of county employment
$41,101
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 2,339 0 0 0.0
2026 Q1 2,040 0 0 0.0
2025 Q4 2,081 0 0 0.0
2025 Q3 2,090 0 0 0.0
2025 Q2 2,473 0 0 0.0
2025 Q1 1,164 0 0 0.0
2024 Q4 1,048 0 0 0.0
2021 Q1 1,680 1 0 595.2
Show 67 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2020 Q1 1,440 0 0 0.0
2019 Q4 1,440 0 0 0.0
2019 Q2 1,940 4 2 2061.9
2019 Q1 1,980 0 0 0.0
2018 Q1 1,554 0 0 0.0
2017 Q4 0 5 0
2017 Q3 384 2 0 5208.3
2017 Q2 1,044 1 0 957.9
2017 Q1 1,320 0 0 0.0
2016 Q4 960 1 0 1041.7
2016 Q3 1,048 1 0 954.2
2016 Q2 889 2 0 2249.7
2016 Q1 0 0 0
2015 Q4 0 2 0
2015 Q3 2,232 0 0 0.0
2015 Q2 1,552 0 0 0.0
2015 Q1 2,370 7 0 2953.6
2014 Q4 1,944 0 0 0.0
2014 Q3 480 10 1 20833.3
2013 Q2 0 0 0
2013 Q1 0 12 3
2012 Q4 0 0 0
2012 Q3 396 8 1 20202.0
2012 Q2 590 0 0 0.0
2012 Q1 584 2 0 3424.7
2011 Q4 578 1 0 1730.1
2010 Q1 0 4 0
2009 Q4 0 0 0
2009 Q3 0 6 2
2009 Q2 0 0 0
2009 Q1 0 3 1
2008 Q4 400 0 0 0.0
2008 Q3 480 0 0 0.0
2008 Q2 560 16 4 28571.4
2008 Q1 480 0 0 0.0
2007 Q4 560 7 3 12500.0
2007 Q3 480 0 0 0.0
2007 Q2 2,010 0 0 0.0
2007 Q1 1,971 2 2 1014.7
2006 Q4 11,921 0 0 0.0
2006 Q3 5,603 0 0 0.0
2006 Q2 560 0 0 0.0
2006 Q1 480 14 9 29166.7
2005 Q4 560 1 0 1785.7
2005 Q3 720 2 0 2777.8
2005 Q2 560 5 0 8928.6
2005 Q1 480 0 0 0.0
2004 Q4 560 0 0 0.0
2004 Q3 520 0 0 0.0
2004 Q2 480 0 0 0.0
2004 Q1 764 0 0 0.0
2003 Q4 1,403 0 0 0.0
2003 Q3 1,652 0 0 0.0
2003 Q2 2,391 1 1 418.2
2003 Q1 13,995 1 1 71.5
2002 Q4 10,777 12 0 1113.5
2002 Q3 11,626 0 0 0.0
2002 Q2 1,964 0 0 0.0
2002 Q1 10,543 0 0 0.0
2001 Q4 12,963 0 0 0.0
2001 Q3 12,446 11 3 883.8
2001 Q2 1,382 0 0 0.0
2001 Q1 2,426 4 0 1648.8
2000 Q4 0 0 0
2000 Q3 737 0 0 0.0
2000 Q2 905 0 0 0.0
2000 Q1 5,000 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

19 on file

2002 · 2 incidents

September 12, 2002 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Appalachian Fuels LLC · Struck by... (Not Elsewhere Classified)

EE WAS USING A POCKET KNIFE TO CUT SOME MATERIAL. THE KNIFE SLIPPED RESULTING IN LACERATION BETWEEN THUMB & INDEX FINGER. FIVE STITCHES TO CLOSE.

January 21, 2002 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Appalachian Fuels LLC · Struck by... (Not Elsewhere Classified)

TWO EES WERE CUTTING PACKING MATERIAL FOR SLURRY PUMP. ONE WAS USING A UTILITY KNIFE, THE OTHER GOT HIS FINGER IN WAY OF THE KNIFE. LACERATION TO LEFT INDEX FINGER-3 STITCHES.

2001 · 2 incidents

October 16, 2001 KY · Coal mine manager, mine foreman, mine owner MACHINERY
Appalachian Fuels LLC · Struck by... (Not Elsewhere Classified)

ONE EMPLOYEE WAS WORKING ON COAL DRYER WHEN FAN GUARD BROKE. HE TAPED IT OFF AND LEFT THE AREA. FOREMAN THOUGHT MOTOR WAS OUT & PLACED HIS HAND OUT TO CHECK TEMPERATURE. FAN BLADES HIT INDEX & MIDDLE FINGERS, LACERATING THEM. 13 STITCHES IN INDEX & 7 STITCHES IN MIDDLE FINGER.

July 30, 2001 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Appalachian Fuels LLC · Over-exertion (Not Elsewhere Classified)

EE WAS USING A ONE INCH IMPACT WRENCH TO REMOVE RETAINING NUT ON SCREEN BOLT. THE NUT WAS FROZE AND IT JERKED HIM CAUSING A PULLED MUSCLE IN LOWER BACK.

1998 · 2 incidents

December 30, 1998 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Addington Mining Inc · Struck by... (Not Elsewhere Classified)

EE WAS SHOVELING COAL SPILL FROM AROUND TAIL ROOLER ON RAW COAL BELT. SHOVEL GOT CAUGHT ON BELT ROLLER THIS FLIPPED THE SHOVEL HANDLE INTO HIS RIGH HAND BREAKIG HIS INDEX & MIDDLE FINGER

August 25, 1998 KY · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor HANDTOOLS (NONPOWERED)
Addington Mining Inc · Over-exertion in pulling or pushing objects

EE WAS ASSISTING IN CHANGING A SCVREEN I A DRYER. HE APPRENTLY HERNIATED A DISC IN HIS NECK WHILE TIGHTENING THE BOLTS ON THE SCREEN.

1997 · 2 incidents

April 5, 1997 KY · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor HANDLING OF MATERIALS
Addington Mining Inc · Struck against stationary object

EE CUT HIS FINGER ON A PIECE OF METAL HE WAS REMOVING FROM THE CLEAN COAL CHUTE. REQUIRED 2 STITCHES ON INDEX FINGER AT HIS LEFT HAND

March 19, 1997 KY · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Addington Mining Inc · Over-exertion in lifting objects

EMPLOYEE LIFTED ON A SCREEN A COAL DUMP, PULLED A GROIN MUSCLE.

1992 · 1 incident

June 1, 1992 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Consol Of Kentucky Inc · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS REPAIRING A COAL CHUTE IN PREPARATION PLANT, WAS USING 8 LB SLEDGE HAMMER. EMPLOYEE CAUGHT RING FINGER ON LEFT HAND BETWEEN HAMMER HANDL AND CHUTE. EMPLOYEE SUSTAINED FRACTURE TO TIP OF RING FINGER ON LEFT HAND.

1986 · 3 incidents

November 5, 1986 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Consol Of Kentucky Inc · Struck against stationary object

EMPL ADJUSTING 1LANT CRUSHER.PUSHING AGAINST BAR ON SCREW TYPE ADJUSTER.BAR SLIPPED AND EMPLS CHIN STRUCK CRUSHER GEAR BOX.

May 31, 1986 KY · Coal boom operator HANDLING OF MATERIALS
Sierra Coal Company · Over-exertion in pulling or pushing objects

EMPL HOOK BOOM 6LOCK TO SECURING BAR ON BACK OF BOOM TRUCK.EMPL FELT MUSCLE PULL WHILE ATTEMPTING TO PERFORM THIS TASK.

1985 · 1 incident

September 12, 1985 KY · Coal weighman, scale person ELECTRICAL
Sierra Coal Company · Absorption of radiations, caustics, toxic and noxious substances

EMPLOYEE WAS ATTEMPTING TO CORRECT LOOSE CONNECTION ON BATTERY. BATTERY EXPLODED THROWING BATTERY ACID INTO EMPLOYEES EYES AND LACERATING HIS CHAIN.

1984 · 2 incidents

October 1, 1984 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Sierra Coal Company · Struck by falling object

EMPLOYEE WAS POSITIONING METAL PLATE WITH PRY BAR AND WHEN THE METAL PLATE FELL INTO PLACE THE BAR WAS CAUGHT AND EMPLOYEE LOST GRIP ON BAR WHICH FELL STRIKING EMPLOYEE ON FOOT.

July 24, 1984 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Sierra Coal Company · Fall from machine

EMPLOYEE WAS OPERATING A 65 TON REFUSE TRUCK WHEN TRUCK WOULD NOT PULL GRADE ON THE SECOND TRY ENGINE QUIT AND BRAKES WOULD NOT HOLD WHEN THE TRUCK STARTED BACKWARDS THE EMPLOYEE JUMPED TO GRO UND FROM THE CAB APPROX 8FT IN DISTANCES

1983 · 4 incidents

July 20, 1983 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Redwood Coal Company Inc · Struck by... (Not Elsewhere Classified)

WASHING MACHINES & FLOOR WITH WATER HOSE & BACK SPRAY FROM MACHINE HIT EE IN LEFT EYE WHICH HAD MAGGNITE.

July 7, 1983 KY · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator OTHER
Redwood Coal Company Inc · Absorption of radiations, caustics, toxic and noxious substances

EMPLOYEE WAS INSTALLING RADIO LINE FOR ANTENNA AND WHILE WALKING UP HILL WAS STUNG BY YELLOW JACKETS

June 14, 1983 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Redwood Coal Company Inc · Fall from machine

EMPLOYEE WAS ASCENDING HAULROAD IN 65 TON WABCO TRUCK ENGINE QUIT CAUSING LOSS OF AIR PRESSURE CO-WORKER PLACED CHOCKS UNDER FRONT TIRES EMPLOYEE TRIED STARTING ENGINE DEPLETING AIR SUPPLY CAU SING BACK UP BRAKE TO MALFUNCTION TRUCK THEN ROLLED OVER CHOCKS AND EMPLOYEE JUMP FROM TRUCK TRUCK HIT BANK STOPPING PERPENDICULAR TO ROAD