Mining Incidents

Ky No. Mine 1: 989 MSHA citations Coal

Middle Fork Mining, Inc. · Underground
Controlled by Xinergy Ltd
BEVERLY, Bell County, KY  ·  Abandoned
MSHA Mine ID: 1518571

Ky No. Mine 1 has $455K in proposed MSHA penalties and $384K outstanding across 20 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
14
Years on record
2004–2009
Latest incident
Sep 2009
Compliance record
MSHA citations since 2002
989
citations
411
significant & substantial
$455,047
proposed penalties
$70,102
paid to date
15% of proposed penalties paid to date, a $384,945 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
63
inspections on record
5,639
inspection hours
17.5
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.
989 citations across 5,639 inspection hours.
Source: MSHA inspections data, updated weekly.

Ky No. Mine 1 has $455K in proposed MSHA penalties and $384K outstanding across 20 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.
$455K
proposed penalties
$454K
current assessed
$70K
paid to date
$384K
outstanding
937 assessments are final orders; 20 contested dockets.
Of $287K in penalties contested before the Commission, $286K was upheld in final decisions.
As of the most recent assessment on 2009-10-16.
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.
43.9%
significant & substantial
3.3%
high negligence or reckless
43.9%
reasonably likely or greater
8.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 3.6% low, 93.0% moderate, 3.2% high, 0.1% 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.
315 citations taken to the federal commission · 32% of citations on record
  • Settled 51 · 16%
  • Stood as issued 264 · 84%
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 138 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$287K proposed, $286K 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 2012-11-20.
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 2008-916 Dismissal Lesnick 2010 $156K → $156K
KENT 2008-917 Dismissal Lesnick 2010 $31K → $31K
KENT 2008-1567 Settlement Lesnick 2010 $26K → $26K
KENT 2008-1134 Dismissal Lesnick 2010 $12K → $12K
KENT 2008-918 Dismissal Lesnick 2010 $10K → $10K
KENT 2009-1250 Dismissal Weisberger 2011 $7K → $6K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Ky No. Mine 1 shows 96% of 401 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: 2009-08-28, 16 years ago
96%
within 1.5 mg/m3
401
samples
3.12
dust max (mg/m3)
207 samples taken by MSHA inspectors, 194 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR171
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)34
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)25

Silica (quartz)

Last sampled: 2008-06-25, 18 years ago
11.7
silica avg (%)
37
samples
28.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR17

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: 2008-09-03, 17 years ago
6%
over PEL
47
samples
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)11
  • CONTINUOUS MINER OPERATOR10
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)10
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 100% 6
2008 96% 28
2007 98% 97
2006 92% 73
2005 94% 94
2004 99% 68
2003 100% 21
2002 100% 14
Silica (quartz) by year
Year silica avg (%) samples
2008 5.1 1
2007 4.6 3
2006 10.8 10
2005 14.7 13
2004 14.8 7
2003 3.6 2
2002 3.3 1
Noise by year
Year over PEL samples
2008 22% 9
2007 0% 14
2006 0% 5
2005 25% 4
2004 0% 10
2002 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Ky No. Mine 1 recorded 0.00 reportable injury cases per 100 full-time workers in 2007.

Injury rate, 2007
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 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
In Kentucky, coal mining averaged 5.12 cases per 100 workers that year.
Year total case rate days-away fatal
2007 0.00 0.00 0.000
2006 * 4.61 2.30 0.000
2005 * 7.55 5.03 0.000
2004 * 2.87 2.87 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. BR&D Enterprises Inc 2002 to 2004
  2. Free Dome Coal Inc 2004 to 2005
  3. Kelco Energy Inc 2005 to 2008
  4. National Coal Corporation 2008 to 2008
  5. L & E Mining 2008 to 2008
  6. F & G Resources LLC 2008 to 2009
  7. Middle Fork Mining, Inc. 2009 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)
2009 12 13,000
2008 31 47,322
2007 44 272,519
2006 36 227,980
2005 38 186,572
2004 30 120,661
2003 20 101,266
2002 29 80,074
Source: MSHA quarterly employment and production, updated weekly.

Ky No. Mine 1 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
2009 Q4 5,361 4 2 746.1
2009 Q3 14,280 127 53 8893.6
2009 Q2 1,920 25 17 13020.8
2008 Q3 20,129 111 39 5514.4
2008 Q2 22,689 66 25 2908.9
2008 Q1 0 73 33
2007 Q4 35,417 73 34 2061.2
2007 Q3 25,936 69 20 2660.4
Show 17 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q2 25,508 49 16 1921.0
2007 Q1 22,521 13 10 577.2
2006 Q4 22,701 42 30 1850.1
2006 Q3 21,273 16 10 752.1
2006 Q2 22,210 3 0 135.1
2006 Q1 20,610 3 0 145.6
2005 Q4 8,619 14 4 1624.3
2005 Q3 28,893 5 1 173.1
2005 Q2 19,490 7 3 359.2
2005 Q1 22,500 3 1 133.3
2004 Q4 24,330 4 0 164.4
2004 Q3 21,211 9 3 424.3
2004 Q2 20,686 9 3 435.1
2004 Q1 3,441 20 8 5812.3
2003 Q2 1,336 3 0 2245.5
2003 Q1 18,820 12 7 637.6
2002 Q4 16,654 11 5 660.5
No fatalities recorded at this mine.

Reportable incidents

14 on file

2009 · 1 incident

September 16, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Middle Fork Mining, Inc. · Struck by... (Not Elsewhere Classified)

The employee was installing roof bolts with straps and the straps slipped, swinging around striking him across the nose and right arm causing lacerations to both.

2008 · 3 incidents

June 26, 2008 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
L & E Mining · Struck by falling object

Employee struck top with hard hat; dirt and rock fell into employee's left eye.

June 24, 2008 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
L & E Mining · Struck against a moving object

Employee was riding mantrip and got into top.

May 16, 2008 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
L & E Mining · Caught in, under or between a moving and a stationary object

Employee was changing bottom stands on belt line. #2 was pulling stand out from under belt. Stand got caught and then as pulling hand it came loose and the frame on stand against hand hit 4" water line, resulting in hand being mashed between them.

2006 · 2 incidents

January 12, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Kelco Energy Inc · Struck by falling object

Employee was installing roof bolts was drilling a hole and a piece of draw rock fell, hit canopy he was unless and bounced off and landed on right leg.

January 9, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Kelco Energy Inc · Struck by falling object

EMPLOYEE SAID A SMALL PIECE OF ROCK FELL AND CUT HIS RIGHT ARM WHILE HELPING MOVE ROOF BOLTER ACROSS SECTION. EMPLOYEE SAID IT HAPPENED BETWEEN #1 & #2 ENTRY. WAS NO WITNESS TO ACCIDENT, TOLD GEN MINE FOREMAN THAT WAS ALL THAT WAS HURT. WAS GIVEN 1ST AID AND SENT TO HOSPITAL TO GET STITCHES.

2005 · 4 incidents

August 25, 2005 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Free Dome Coal Inc · Struck by falling object

A PIECE OF DRAWROCK FELL HITTING EMPLOYEE ON LEFT ANKLE. X-RAYS SHOWED A FRACTURE

July 11, 2005 KY · Coal FALL OF ROOF OR BACK
Free Dome Coal Inc · Accident type, without injuries

PRESHIFT EXAMINER FOUND THE ROCK FALL ON THE DATE AND TIME STATED IN ITEM 6 + 7. THE FALL WAS 30' LOND, 19' WIDE AND 4 TO 5' THICK

June 6, 2005 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Free Dome Coal Inc · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS SPLICING A CABLE. THE KNIFE HE WAS USING SLIPPED, HITTING HIM ON THE INDEX FINGER. THIS INJURY REQUIRED SIX STITCHES

April 28, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Free Dome Coal Inc · Over-exertion in pulling or pushing objects

EE was pulling on a strap pull muscle in shoulder. The date stated in item 6's when this became reportable.

2004 · 4 incidents

November 18, 2004 KY · Coal FALL OF ROOF OR BACK
Free Dome Coal Inc · Accident type, without injuries

ROCKFALL WAS FOUND DURING WEEKLY EXAMINATION OF THE INTAKE AIR COURSE ON THE DATE AND TIME STATED IN ITEM 6.

October 14, 2004 KY · Coal continuous miner operator, coal mole operator MACHINERY
Free Dome Coal Inc · Struck by falling object

EMPLOYEE WAS OPERATING THE CONTINUOUS MINER, WHEN A PIECE OF DRAWROCK FELL STRIKING THE EDGE OF THE MINER THEN HITTING EE ON THE LEFT LEG ABOVE THE KNEE.

August 10, 2004 KY · Coal FALL OF ROOF OR BACK
Free Dome Coal Inc · Accident type, without injuries

Rockfall was found on the date and time in item 6. the fall was 30' long 20' wide 4-5' thick, located at spad 228 in #5 entry on first right.

June 3, 2004 KY · Coal FALL OF ROOF OR BACK
Free Dome Coal Inc · Accident type, without injuries

Rock fall was found during preshift examination on the date stated above, the fall was approx 70' long 19' wide 2-6' thick, located in the #3 entry on the 3rd main.