Mining Incidents

KC #1: 1 recorded fatality Coal

McCoy Elkhorn Coal Corp. · Underground
Controlled by James River Coal Company
Mousie, Knott County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518747

KC #1 has $1.0M in proposed MSHA penalties and $918K outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
3
Years on record
2008–2012
Latest incident
Apr 2012
Compliance record
MSHA citations since 2004
698
citations
246
significant & substantial
$1,031,818
proposed penalties
$100,873
paid to date
10% of proposed penalties paid to date, a $930,945 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
75
inspections on record
3,807
inspection hours
18.3
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.
698 citations across 3,807 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: 2010-12-28.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

KC #1 has $1.0M in proposed MSHA penalties and $918K outstanding across 7 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.
$1.0M
proposed penalties
$1.0M
current assessed
$101K
paid to date
$918K
outstanding
671 assessments are final orders; 7 contested dockets.
Of $149K in penalties contested before the Commission, $136K was upheld in final decisions.
As of the most recent assessment on 2012-10-17.
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.
36.7%
significant & substantial
9.8%
high negligence or reckless
36.7%
reasonably likely or greater
11.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.5% low, 84.6% moderate, 9.8% 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.
41 citations taken to the federal commission · 6% of citations on record
  • Settled 29 · 71%
  • Stood as issued 12 · 29%
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 14 decided S&S contests · industry: 79%
9%
Penalty reduction in decided contests
$149K proposed, $136K 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 2013-01-29.
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 2013-410 Settlement Miller 2013 $52K → $48K
KENT 2013-429 Settlement Miller 2013 $52K → $48K
KENT 2008-1274 Default Lesnick 2009 $28K → $28K
KENT 2008-1275 Settlement Lesnick 2009 $7K → $5K
KENT 2013-408 Settlement Miller 2013 $5K → $4K
KENT 2008-1305 Default Lesnick 2009 $3K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at KC #1 shows 94% of 216 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: 2009-10-27, 16 years ago
94%
within 1.5 mg/m3
216
samples
3.61
dust max (mg/m3)
105 samples taken by MSHA inspectors, 111 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR97
  • SCOOP CAR OPERATOR26
  • ROOF BOLTER (SINGLE HEAD)16

Silica (quartz)

Last sampled: 2009-06-11, 17 years ago
3.6
silica avg (%)
14
samples
8.5
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR7

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: 2009-06-18, 17 years ago
0%
over PEL
26
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR6
  • CUTTING MACHINE OPERATOR5
  • UTILITY MAN5
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
2009 91% 54
2008 93% 58
2007 98% 52
2006 96% 52
Silica (quartz) by year
Year silica avg (%) samples
2009 5.9 4
2008 3.0 5
2007 7.9 1
2006 0.9 4
Noise by year
Year over PEL samples
2009 0% 1
2008 0% 6
2007 0% 10
2006 0% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

KC #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Kentucky, coal mining averaged 5.04 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
2009 * 0.00 0.00 0.000
2008 * 4.06 4.06 0.000
2007 * 0.00 0.00 0.000
2006 * 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. Knott Floyd Land Company 2004 to 2005
  2. Solar Coal Company 2005 to 2009
  3. Carbon Coal LLC 2009 to 2010
  4. Fools Gold Energy Corp 2010 to 2011
  5. McCoy Elkhorn Coal Corp. 2011 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)
2013 0
2012 0
2011 3
2010 3
2009 35 98,592
2008 41 167,604
2007 34 246,161
2006 25 151,131
2005 0
2004 0
Source: MSHA quarterly employment and production, updated weekly.

KC #1 sits in Knott County, Kentucky, where the Census mining category is 2.8% 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.
Knott County, Kentucky · Population 14,046
2.8%
Mining share of county employment
$37,736
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 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 6 2
2012 Q3 0 2 0
2012 Q2 0 2 0
2012 Q1 0 0 0
Show 30 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q4 0 0 0
2011 Q3 0 0 0
2011 Q2 3,300 9 1 2727.3
2011 Q1 3,360 22 11 6547.6
2010 Q4 815 2 1 2454.0
2010 Q3 0 4 0
2010 Q2 2,175 7 6 3218.4
2010 Q1 1,785 0 0 0.0
2009 Q4 6,244 11 5 1761.7
2009 Q3 18,625 93 35 4993.3
2009 Q2 9,996 59 21 5902.4
2009 Q1 15,116 93 32 6152.4
2008 Q4 14,065 51 15 3626.0
2008 Q3 15,106 35 12 2317.0
2008 Q2 12,056 49 15 4064.4
2008 Q1 8,054 13 4 1614.1
2007 Q4 19,603 27 7 1377.3
2007 Q3 18,094 21 14 1160.6
2007 Q2 17,055 41 7 2404.0
2007 Q1 16,933 12 2 708.7
2006 Q4 16,037 52 16 3242.5
2006 Q3 14,092 22 10 1561.2
2006 Q2 10,983 16 9 1456.8
2006 Q1 8,615 42 18 4875.2
2005 Q4 0 0 0
2005 Q3 0 0 0
2005 Q2 0 0 0
2005 Q1 0 0 0
2004 Q4 0 2 0
2004 Q3 0 0 0

Fatalities at this mine

1 recorded
April 25, 2012 KY · Coal welder (shop) Fatality · SLIP OR FALL OF PERSON
McCoy Elkhorn Coal Corp. · Fall from scaffolds, walkways, platforms

Worker took it on his self to cut belt line down without the use of the equipment that we was using to take it down with. He cut it then started walking away from it as it was falling. Then it caught the catwalk he was on and flipped him over the double hand rail on the catwalk and fell to the ground about 20 ft down.

Reportable incidents

2 on file (excluding fatalities above)

2011 · 1 incident

January 19, 2011 KY · Coal FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Fools Gold Energy Corp · Accident type, without injuries

Freezing and thawing temperature changes contributed to material becoming unstable. The effected area did not show any signs of weakness or deterioration prior to rock/material sliding off highwall into pit.

2008 · 1 incident

February 6, 2008 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Solar Coal Company · Caught in, under or between (Not Elsewhere Classified)

Was backing cutter out of #11 entry and thru wing curtain and hit rib.