Mining Incidents

KY 11: 162 MSHA citations Coal

Controlled by JW Resources Inc
Beverly, Bell County, KY  ·  Abandoned
MSHA Mine ID: 1518925

KY 11 has $25K in proposed MSHA penalties and $5K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2006–2010
Latest incident
Oct 2010
Compliance record
MSHA citations since 2005
162
citations
83
significant & substantial
$24,603
proposed penalties
$20,040
paid to date
81% of proposed penalties paid to date, a $4,563 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
36
inspections on record
818
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: 818 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
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: 2010-10-05.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

KY 11 has $25K in proposed MSHA penalties and $5K outstanding across 3 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
$20K
paid to date
$5K
outstanding
152 assessments are final orders; 3 contested dockets.
Of $3K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2013-03-12.
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.
54.6%
significant & substantial
1.3%
high negligence or reckless
54.6%
reasonably likely or greater
5.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.9% low, 92.8% 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.
11 citations taken to the federal commission · 7% of citations on record
  • Stood as issued 11 · 100%
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 9 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$3K 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 2011-02-25.
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 2011-498 Default Lesnick 2011 $1K → $1K
KENT 2006-362 Default Lesnick 2007 $1K → $1K
KENT 2011-666 Default Lesnick 2011 $250 → $250
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at KY 11 shows 100% 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: 2010-03-17, 16 years ago
100%
within 1.5 mg/m3
42
samples
1.26
dust max (mg/m3)
41 samples taken by MSHA inspectors, 1 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER10
  • AUGER OPERATOR7
  • FORKLIFT OPERATOR6

Silica (quartz)

Last sampled: 2009-07-01, 17 years ago
8.6
silica avg (%)
1
samples
8.6
silica max (%)
Most-sampled occupations
  • 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: 2010-03-17, 16 years ago
0%
over PEL
35
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER9
  • AUGER OPERATOR7
  • GROUNDMAN6
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
2010 100% 5
2009 100% 10
2008 100% 5
2007 100% 13
2006 100% 9
Noise by year
Year over PEL samples
2010 0% 4
2009 0% 10
2008 0% 5
2007 0% 11
2006 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

KY 11 recorded 5.48 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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.
5.48
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In Kentucky, coal mining averaged 4.87 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
2008 * 5.48 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. Century Operations LLC 2005 to 2006
  2. Mitco Enterprises Inc 2006 to 2009
  3. M & G MINING LLC 2009 to 2010
  4. Jadco Enterprises, Inc. 2010 to 2010
  5. M3 Energy Resources, LLC 2010 to 2012
  6. Xinergy Corp 2012 to 2013
  7. Straight Creek Coal Mining, Inc 2013 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 1
2010 6 5,873
2009 13 46,091
2008 15 240,071
2007 17 237,972
2006 16 212,396
2005 15 22,983
Source: MSHA quarterly employment and production, updated weekly.

KY 11 sits in Bell County, Kentucky, where the Census mining category is 3.6% 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.
Bell County, Kentucky · Population 23,878
3.6%
Mining share of county employment
$32,403
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 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 1 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 0 0
2011 Q2 0 0 0
2011 Q1 690 0 0 0.0
Show 19 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q4 214 14 6 65420.6
2010 Q3 4,271 0 0 0.0
2010 Q2 57 0 0 0.0
2010 Q1 580 10 0 17241.4
2009 Q3 6,354 1 1 157.4
2009 Q2 2,059 6 2 2914.0
2009 Q1 8,729 5 2 572.8
2008 Q4 9,233 0 0 0.0
2008 Q3 9,029 6 0 664.5
2008 Q2 9,000 4 2 444.4
2008 Q1 9,246 3 2 324.5
2007 Q3 10,351 0 0 0.0
2007 Q2 10,562 1 1 94.7
2007 Q1 11,269 2 1 177.5
2006 Q4 12,524 4 3 319.4
2006 Q3 5,295 1 0 188.9
2006 Q2 12,755 3 1 235.2
2006 Q1 3,247 13 10 4003.7
2005 Q4 5,436 31 19 5702.7
No fatalities recorded at this mine.

Reportable incidents

5 on file

2010 · 1 incident

2009 · 1 incident

September 3, 2009 KY · Coal outside foreman, leadman HANDTOOLS (NONPOWERED)
M & G MINING LLC · Over-exertion in wielding or throwing objects

EE was hitting a pin on the push beam with a sledge hammer. When he swung the hammer, he strained his lower back. This resulted in a muscle strain, and is being treated with physical therapy. There was no disc damage and a full recovery is expected with a return to work by the end of Dec 2009.

2008 · 1 incident

January 11, 2008 KY · Coal outside foreman, leadman MACHINERY
Mitco Enterprises Inc · Struck by... (Not Elsewhere Classified)

Employee walked to right front side of machine to clean some small rock off of head. Right leg was against chain when the head was jogged a bit, struck employee on upper right leg. This injury required sutures.

2007 · 1 incident

June 9, 2007 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Mitco Enterprises Inc · Over-exertion (Not Elsewhere Classified)

Employee was tightening a hydraulic hose when he felt a pain in his right shoulder.

2006 · 1 incident