Mining Incidents

Kelly Branch: 90 MSHA citations Coal

Controlled by Thomas R Hamilton
Evarts, Harlan County, KY  ·  Active
MSHA Mine ID: 1519897

Kelly Branch has $32K in proposed MSHA penalties and $23K outstanding across 0 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2021–2025
Latest incident
Feb 2025
Compliance record
MSHA citations since 2021
90
citations
8
significant & substantial
$32,285
proposed penalties
$9,127
paid to date
28% of proposed penalties paid to date, a $23,158 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2021
22
inspections on record
1,346
inspection hours
6.7
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.
90 citations across 1,346 inspection hours.
Source: MSHA inspections data, updated weekly.

Kelly Branch has $32K in proposed MSHA penalties and $23K outstanding across 0 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.
$32K
proposed penalties
$32K
current assessed
$9K
paid to date
$23K
outstanding
87 assessments are final orders; 0 contested dockets.
As of the most recent assessment on 2026-01-29.
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.
9.2%
significant & substantial
6.9%
high negligence or reckless
9.2%
reasonably likely or greater
1.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 56.3% low, 36.8% moderate, 6.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.

MSHA sampling at Kelly Branch shows 100% of 132 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: 2026-08-11
100%
within 1.5 mg/m3
132
samples
0.90
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.
56 samples taken by MSHA inspectors, 76 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR83
  • HIGHWALL DRILL OPERATOR30
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE13

Silica (quartz)

Last sampled: 2026-02-25
7.6
silica avg (%)
7
samples
14.9
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • HIGHWALL DRILL 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: 2026-02-17
0%
over PEL
49
samples
Most-sampled occupations
  • BULLDOZER OPERATOR27
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE11
  • HIGHWALL DRILL OPERATOR9
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
2026 100% 13
2025 100% 24
2024 100% 29
2023 100% 26
2022 100% 27
2021 100% 13
Silica (quartz) by year
Year silica avg (%) samples
2026 9.0 2
2025 4.6 1
2024 2.8 1
2023 8.3 2
2022 11.2 1
Noise by year
Year over PEL samples
2026 0% 5
2025 0% 9
2024 0% 10
2023 0% 10
2022 0% 10
2021 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Kelly Branch recorded 3.02 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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.
3.02
total case rate
3.02
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In Kentucky, coal mining averaged 4.08 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
2025 * 3.02 3.02 0.000
2024 * 6.10 6.10 0.000
2023 3.71 3.71 0.000
2022 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. Nally & Hamilton Enterprises, Inc. 2021 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 30 81,539
2025 24 123,359
2024 32 131,225
2023 35 161,085
2022 32 181,061
2021 25 76,576
Source: MSHA quarterly employment and production, updated weekly.

Kelly Branch sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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 21,109 0 0 0.0
2026 Q1 22,860 9 0 393.7
2025 Q4 22,874 1 0 43.7
2025 Q3 20,116 10 0 497.1
2025 Q2 11,698 0 0 0.0
2025 Q1 11,484 24 4 2089.9
2024 Q4 19,040 0 0 0.0
2024 Q3 27,928 10 2 358.1
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 25,197 0 0 0.0
2024 Q1 26,169 3 0 114.6
2023 Q4 27,528 3 1 109.0
2023 Q3 27,519 4 0 145.4
2023 Q2 26,706 0 0 0.0
2023 Q1 25,957 2 0 77.1
2022 Q4 28,602 0 0 0.0
2022 Q3 26,053 1 0 38.4
2022 Q2 25,005 1 0 40.0
2022 Q1 24,266 5 0 206.0
2021 Q4 24,768 0 0 0.0
2021 Q3 22,533 5 0 221.9
2021 Q2 16,151 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2025 · 1 incident

February 19, 2025 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

Employee was coming up hill in fuel truck, when truck spun out, slid back 50 feet, then truck went up on spoil and laid over on it's passenger side.

2024 · 3 incidents

October 5, 2024 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

Employee stated that front right-side tire went down causing employee to go in the ditch and scrap the highwall on the haul back to the parking lot area.

July 2, 2024 KY · Coal outside foreman, leadman MACHINERY
Nally & Hamilton Enterprises, Inc. · Struck against a moving object

Employee was operating D11T Dozer cleaning highwall and pushing shot material when EE backed up on a rock and dozer slid off rock causing it to jar EE's back and left leg. Employee refused medical attention at time of accident said was ok and didn't seek medical attention until 07/08/2024.

February 15, 2024 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Nally & Hamilton Enterprises, Inc. · Struck against a moving object

Employee was operating D6 Dozer cutting a road in at the toe of the valley field when employee backed up the offside track went up a rock and slid off causing it to jar their neck and shoulder area.

2023 · 2 incidents

November 9, 2023 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

Employee was operating Caterpillar 777 Rock Truck and was headed back from the dump area through a narrow area in the roadway when another rock truck coming from the pit area also entered the narrow area. Employee hit the brake and caused the truck to slide toward the other truck and employee jerked the steering wheel in the other direction and went into an empty pond.

August 4, 2023 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises, Inc. · Over-exertion (Not Elsewhere Classified)

Employee jumped from fuel tank on Mack RD800 Coal Truck to ground spraining right ankle.

2022 · 1 incident

August 1, 2022 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

Tandem Coal Truck driver was attempting to change to a higher gear on a slight decline. When driver changed gears, EE thought it had gone into gear but was actually in the neutral position. When the driver realized the truck was in the neutral position, the truck had gained speed causing the truck to runaway.

2021 · 1 incident

August 30, 2021 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was exiting Dozer when EE's left foot slipped on step and twisted left ankle.