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.
176 citations across 1,032 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.
2
Section 107(a) orders
Most recent order: 2010-12-09.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.
Ky No. 5 has $111K in proposed MSHA penalties and $14K outstanding across 11 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.
$111K
proposed penalties
$96K
current assessed
$82K
paid to date
$14K
outstanding
168 assessments are final orders; 11 contested dockets.
Of $67K in penalties contested before the Commission, $51K was upheld in final decisions.
As of the most recent assessment on 2013-10-28.
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.
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.
33citations taken to the federal commission · 19% of citations on record
Settled
10 · 30%
Stood as issued
23 · 70%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 23 decided S&S contests · industry: 79%
23%
Penalty reduction in decided contests
$67K proposed, $51K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2013-08-13.
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.
MSHA sampling at Ky No. 5 shows 100% of 76 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: 2013-10-29, 12 years ago
100%
within 1.5 mg/m3
76
samples
0.68
dust max (mg/m3)
70 samples taken by MSHA inspectors, 6 by the operator.
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.
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.
Ky No. 5 recorded 9.74 reportable injury cases per 100 full-time workers in 2013.
Injury rate, 2013
ⓘ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.
9.74
total case rate
9.74
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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
2013 *
9.74
9.74
0.000
2012
1.77
1.77
0.000
2011
0.00
0.00
0.000
2010
1.96
1.96
0.000
2009 *
0.00
0.00
0.000
2008 *
5.25
5.25
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.
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
19
67,113
2012
35
329,990
2011
39
415,639
2010
36
338,422
2009
34
231,722
2008
30
178,683
Source: MSHA quarterly employment and production, updated weekly.
Ky No. 5 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
The foreman turned and exited the pick-up truck and upon placing his feet upon the ground, he experienced pain in his lower back and the front of his thigh that radiated downward past his knee.
September 23, 2013KY · Coalgreaser, grease man, oiler, lube man, dragline oilerHANDLING OF MATERIALS
The lube technician was placing a 5 gallon bucket of lube oil onto the cargo area of the Mack lube truck, and when he sat the bucket down, he experienced a sudden throbbing pain & numbness in his right index finger & the back of his right hand that radiated up his forearm to & including his elbow.
2012 · 3 incidents
September 28, 2012KY · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorPOWERED HAULAGE
The loader operator was digging a rock off of the edge of the pit when the rock slipped off of the loader bucket, rolled into the pit causing the back end of the loader to bounce up and down in the pit and later he felt pain in his back and neck. EE started missing on 10/5/2012.
The truck operator had backed the truck to the toe of the berm, set the dump brake & was dumping the load when the spoil material hung against the tail gate causing the front end of the truck to be lifted into the air causing the cab to turn onto it's side. He was taken to the hospital, was examined, released & returned to work & finished working the remainder of the shift.
The truck operator was observed by another truck operator pulled over to the side of the roadway and parked. His head was bowed, the other operator stopped, climbed onto the truck and shook the victim and called out the victim's name but the only response was the victim's eyes would flutter when his name was called.
Spontanious combustion occured in coal being stored at the No. 1 upper stockpile/blending area. Dirt was used to cover and extinguish the flames. This action was performed within approx. 15 to 20 minutes of discovery.
Fueling rock truck. It had been raining, mud had caked under truck. Chunk of mud fell hitting him in head. No cuts, it was just pressure from the mud pushed head down causing pain in neck.
October 6, 2008KY · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerPOWERED HAULAGE