Mining Incidents

KOK #2: 774 MSHA citations Coal

Controlled by Tom Roberts
Lejunior, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1512482

KOK #2 has $235K in proposed MSHA penalties and $232K outstanding across 15 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
38
Years on record
1986–2003
Latest incident
Dec 2003
Compliance record
MSHA citations since 2000
774
citations
426
significant & substantial
$235,289
proposed penalties
$1,921
paid to date
1% of proposed penalties paid to date, a $233,368 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
74
inspections on record
2,260
inspection hours
34.3
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.
774 citations across 2,260 inspection hours.
Source: MSHA inspections data, updated weekly.

KOK #2 has $235K in proposed MSHA penalties and $232K outstanding across 15 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.
$235K
proposed penalties
$234K
current assessed
$2K
paid to date
$232K
outstanding
741 assessments are final orders; 15 contested dockets.
Of $71K in penalties contested before the Commission, $64K was upheld in final decisions.
As of the most recent assessment on 2004-04-14.
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.
57.1%
significant & substantial
3.8%
high negligence or reckless
57.9%
reasonably likely or greater
3.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.1% low, 96.1% moderate, 3.5% high, 0.3% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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
KENT20010108 Default Barbour 2001 $15K → $15K
KENT20010110 Default Barbour 2001 $12K → $12K
KENT20010109 Default Barbour 2001 $9K → $9K
KENT20000085 Settlement Hodgdon 2000 $5K → $3K
KENT20000108 Default Barbour 2000 $5K → $5K
KENT20000239 Settlement Bulluck 2001 $4K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at KOK #2 shows 94% of 227 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: 2003-12-02, 22 years ago
94%
within 1.5 mg/m3
227
samples
11.49
dust max (mg/m3)
127 samples taken by MSHA inspectors, 100 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR69
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)25
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)8

Silica (quartz)

Last sampled: 2003-12-10, 22 years ago
8.6
silica avg (%)
33
samples
22.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9

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: 2001-12-19, 24 years ago
0%
over PEL
15
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)3
  • SCOOP CAR OPERATOR2
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
2003 87% 68
2002 100% 1
2001 100% 81
2000 95% 77
Silica (quartz) by year
Year silica avg (%) samples
2003 9.0 6
2001 8.2 13
2000 8.9 14
Noise by year
Year over PEL samples
2001 0% 9
2000 0% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

KOK #2 recorded 6.65 reportable injury cases per 100 full-time workers in 2000.

Injury rate, 2000
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.
6.65
total case rate
6.65
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 7.74 and the all-US-mining average was 5.64 cases per 100 workers.
In Kentucky, coal mining averaged 8.83 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.
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. Eldridge Coal Company Inc 1980 to 1985
  2. T & T Mining Company 1985 to 1989
  3. New Harlan Block Coal Company Inc 1989 to 1989
  4. Benito Mining Corp 1989 to 1996
  5. Blue Gate Energy Inc 1996 to 1996
  6. Blue Gate Energy Inc 1996 to 2001
  7. Northpoint Resources Llc 2001 to 2002
  8. CNS MINING, INC. 2002 to 2003
  9. Kelly Branch Resources, Inc. 2003 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)
2003 18 19,938
2001 20 75,603
2000 44 229,072
Source: MSHA quarterly employment and production, updated weekly.

KOK #2 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
2003 Q4 5,900 97 45 16440.7
2001 Q4 9,826 29 16 2951.4
2001 Q3 4,311 43 29 9974.5
2001 Q2 0 67 44
2001 Q1 5,404 69 49 12768.3
2000 Q4 20,441 97 62 4745.4
2000 Q3 25,146 58 26 2306.5
2000 Q2 24,869 47 16 1889.9
Show 1 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2000 Q1 19,781 31 9 1567.2
No fatalities recorded at this mine.

Reportable incidents

38 on file

2003 · 3 incidents

December 30, 2003 KY · Coal electrician, lineman

REMOVING PANEL BOARD FROM MINING MACHINE, LID SLIPPED AND FELL, HURTING MAN'S HAND.

October 3, 2003 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler

EE WAS GOING TO REPAIR A FEEDER AND WHEN HE STEPPED UP TO IT HE STEPPED IN A HOLE AND PULLED SOMETHING IN HIS BACK.

February 7, 2003 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler

PULLED HIS BACK LIFTING STRUCTURE.

2000 · 3 incidents

November 10, 2000 KY · Coal continuous miner operator, coal mole operator MACHINERY
Blue Gate Energy Inc · Struck by falling object

ROCK ON RIB FELL STRIKING MINER OPERATOR IN THE BACK.

November 6, 2000 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Blue Gate Energy Inc · Struck by falling object

ROOF BOLTER OPERATOR WAS SPOTTING BOLT BACK THATHAD BEEN DISLODGED FROM THE ROOF. AFTER DRILLING ABOUT 6INCHES OF THE HOLE, ROCK FELL STRIKING CANOPY THEN SLID AND HIT OPERATOR.

January 27, 2000 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Blue Gate Energy Inc · Fall to the walkway or working surface

MECHANIC TRIPPED AND FELL HURTING HIS KNEE.

1999 · 3 incidents

October 12, 1999 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Blue Gate Energy Inc · Struck by falling object

MAN WAS SHOVELING BELT, HE STOPPED TO GET A DRINK OF WATER. HE SET DOWN BESIDE OF RIB AND A PEICE OF ROCK AND COAL ROLLED OFF RIB AND HIT HIM ON SHOULDER.

January 29, 1999 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Blue Gate Energy Inc · Over-exertion in lifting objects

EE PICKED UP MINER CABLE AND HURT HIS BACK.

1998 · 16 incidents

November 9, 1998 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Blue Gate Energy Inc · Struck by falling object

WHILE INSTALLING ROOF BOLTS, A PIECE OF ROCK FELL AND HIT AN EMPLOYEE ON THE LEG AND FOOT.

October 9, 1998 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Blue Gate Energy Inc · Struck against stationary object

EE SCRAPED KNUCKLE AND CUT HIS FINGER OPEN WHILE WORKING ON A MINER. IT SET UP AN INFECTION.

October 2, 1998 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Blue Gate Energy Inc · Struck by falling object

EE WAS BOLTING IN THE FACE AND DRAW ROCK FELL FROM TOP AND CUT EMPLOYEES FINGER.

September 9, 1998 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Blue Gate Energy Inc · Struck by falling object

EE WAS OPERATING A JOY CAR. WHILE DUMPING ON THE FEEDER A PIECE OF COAL ROLLED OFF IN THE DECK WITH HIM AND HIT HIM IN THE LEG.

August 6, 1998 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Blue Gate Energy Inc · Over-exertion (Not Elsewhere Classified)

EE WAS SHOVELING BELT AND HURT HIS BACK. COMPLAINED OF LOWER BACK PAIN.

June 25, 1998 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Blue Gate Energy Inc · Struck by falling object

OUTSIDE LOADING SUPPLIE AND WHILE ANOTHER EMPLOYEE WAS HANDING ROOF BOLTS THE BOLT SLIPPED AND HIT EMPLOYEE IN RIGHT EYE. EMPLOYEE WENT TO DR ON 06-29-98. ALSO EMPLOYEE DID NOT REPORT INJURY U NTIL 07-15-98. EMPLOYEE STOPPED WORK ON 06-29-98FOR DR. VISIT.

June 6, 1998 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Blue Gate Energy Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE THROWING CRIB BLOCK FROM ONE PLACE TO ANOTHER AND FELT PAIN IN BACK. EMPLOYEE DID NOT REPORT INJURY UNTIL 07-06-98.

May 22, 1998 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Blue Gate Energy Inc · Fall onto or against objects

EMPLOYEE OPERATING ROOF BOLTER WHEN DRAW ROCK SLIPPED FROM SIDE OF MINES AND STRUCK EMPLOYEE ON BACK WHICH IN TURN PUSHED EMPLOYEE FORWARD AND EMPLOYEE HIT CHIN ON BOLT. THIS WAS NOT REPORTED TO EMPLOYER UNTIL 07-09-98.

April 28, 1998 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Blue Gate Energy Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE HANGING HIGHLINE AND FELT PAIN IN BACK. EMPLOYEE WORKED A WEEK AND STOPPED WORK ON 05-05-98. EMPLOYEE DID NOT REPORT ACCIDENT UNTIL 06-08-98.

April 17, 1998 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
Blue Gate Energy Inc · Fall from scaffolds, walkways, platforms

EMPLOYEE CROSSING CAT WALK WHEN HAND SLIPPED OFF OF TIMBER AND WHEN FOOT WENT DOWN HE TWISTED RIGHT KNEE. EMPLOYEE CALLED TO REPORT ALLEGED INJURY 04-21-98.

February 28, 1998 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Blue Gate Energy Inc · Struck by... (Not Elsewhere Classified)

EMPLOYEE WATCHING BELT AND FELT SOMETHING GO INTO EYE. EMPLOYEE DID NOT REPORT INJURY UNTIL 5-18-98.

February 23, 1998 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Blue Gate Energy Inc · Struck against stationary object

EE DRILLING HOLE IN ROOF WRIST HIT DRILL STEEL.

January 17, 1998 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Blue Gate Energy Inc · Struck against a moving object

EMPLOYEE OPERATING SCOOP AND RAN OVER A CRIB BLOCK. DID NOT STOP WORK UNTIL 1-19-98. INJURY WAS NOT REPORT TO ISLAND FORK UNTIL 2-13-98.

January 12, 1998 KY · Coal continuous miner operator, coal mole operator MACHINERY
Blue Gate Energy Inc · Over-exertion (Not Elsewhere Classified)

EE OPERATING MINER WHEN MINER JARRED EE. THE ACCIDENT WAS NOT REPORTED UNTIL 2/3/98.

1997 · 8 incidents

October 23, 1997 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Blue Gate Energy Inc · Over-exertion in pulling or pushing objects

EMPLOYEE HOLDING MINER PAN UP BY PUSHING DOWN WITH SLATE BAR ALLEGES PAIN IN BACK.

August 19, 1997 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Blue Gate Energy Inc · Struck by... (Not Elsewhere Classified)

EMPLOYEE WATCHING ANOTHER REMOVE GLOVE FROM A PIECE OF CONDUIT. WHEN EMPLOYEE PULLED ON GLOVE HIS HAND CAME BACK AND HIT EMPLOYEE IN EYE.

May 22, 1997 KY · Coal continuous miner operator, coal mole operator POWERED HAULAGE
Blue Gate Energy Inc · Caught in, under or between (Not Elsewhere Classified)

EE OPERATING REMOTE CONTROL ON MINER WHEN THE SHUTTLE CAME TOWARD MINER, IT CAUGHT A ROCK & PUSHED IT AGAINST EE'S LEFT FOOT & FOOT WAS BETWEEN ROCK & COAL.

April 7, 1997 KY · Coal scoop car operator SLIP OR FALL OF PERSON
Blue Gate Energy Inc · Caught in, under or between (Not Elsewhere Classified)

EMPLOYEE HOOKING SCOOP UUP TO CHARGE WHEN HE WAS GETTING DOWN HE SLIPPED AND CAUGHT FOOT BETWEEN FRAME OF SCOOP AND STEERING JACK.

March 26, 1997 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Blue Gate Energy Inc · Struck against stationary object

EMPLOYEE PUTTING ROOF BOLT INT EH TOP OF MINES WHEN THE BOLT BENT AND EMPLOYEES HAND WA STRUCK BY THE PLATE ON THE BOLT. EMPLOYER WAS NOT NOTIFIED UNTIL 4-17-97. I CALLED THE EMPLOYEE THEN.

February 18, 1997 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Blue Gate Energy Inc · Struck by rolling or sliding object

EE ALLEGEDLY ON KNEES BY ROOF BOLTER GETTING READY TO BOLT WHEN ROCK ROLLED FROM SIDE & STRUCK EE. SEVERAL ATTEMPTS TO TALK WITH EE. HE CALLED ON 3/13/97

1989 · 2 incidents

August 15, 1989 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
New Harlan Block Coal Company Inc · Caught in, under or between a moving and a stationary object

I NAME WAS OPERATING A SHUTTLE CAR WHEN HE LOST ELECTRIC POWER GOT OFF TO CHECK POWER LOSS WHEN A SIDE SHUTTLE CAR CAUGHT I NAME RT FOOT AGAINST THE RIB OF THE MINE CRUSHING THE TOES OF HIS RT FOOT

May 22, 1989 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech EXPLODING VESSELS UNDER PRESSURE
New Harlan Block Coal Company Inc · Struck by... (Not Elsewhere Classified)

EMPL WAS CHANGING TIRE ON COMPANY"S SCOOP WHEN TIRE BLEW OUT & OUTER RING OF RIM STRUCK HIM IN LOWER STOMACH & UPPER THIGHS. NO BROKEN BONES WERE FOUND & EMPL WAS MONITORED BY DR FOR INTERNAL BLEEDING. NOE WAS FOUND. AFTER FOUR DAYS OF REST& RECOVERY HE RETURNED TO WORK.

1987 · 1 incident

1986 · 2 incidents

January 28, 1986 KY · Coal MACHINERY
T & T Mining Company · Struck by flying object

STRUCK BY FLYIN1 METAL PART OR COMPONENT SHIVE CONT BACKS AND RIBS.