Mining Incidents

Liberty Management #8: 268 MSHA citations Coal

Hazard, Perry County, KY  ·  NonProducing
MSHA Mine ID: 1519068

Liberty Management #8 has $212K in proposed MSHA penalties and $71K outstanding across 16 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
7
Years on record
2008–2011
Latest incident
Sep 2011
Compliance record
MSHA citations since 2007
268
citations
88
significant & substantial
$211,907
proposed penalties
$116,840
paid to date
55% of proposed penalties paid to date, a $95,067 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
140
inspections on record
3,544
inspection hours
7.6
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.
268 citations across 3,544 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.
1
Section 107(a) orders
Most recent order: 2011-03-07.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

Liberty Management #8 has $212K in proposed MSHA penalties and $71K outstanding across 16 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.
$212K
proposed penalties
$188K
current assessed
$117K
paid to date
$71K
outstanding
260 assessments are final orders; 16 contested dockets.
Of $96K in penalties contested before the Commission, $67K was upheld in final decisions.
As of the most recent assessment on 2023-09-14.
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.
33.8%
significant & substantial
2.7%
high negligence or reckless
33.8%
reasonably likely or greater
11.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.4% none, 8.1% low, 88.8% moderate, 2.7% 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.
34 citations taken to the federal commission · 13% of citations on record
  • Settled 32 · 94%
  • Stood as issued 1 · 3%
  • Vacated or withdrawn 1 · 3%
74%
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 19 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$96K proposed, $67K 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 2012-08-22.
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 2012-335 Settlement Bulluck 2013 $18K → $14K
KENT 2008-289 Settlement Feldman 2008 $13K → $9K
KENT 2010-144 Settlement Moran 2012 $12K → $6K
KENT 2009-719 Settlement Rae 2012 $9K → $5K
KENT 2012-909 Settlement Bulluck 2013 $9K → $7K
KENT 2011-176 Settlement Gill 2013 $7K → $5K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Liberty Management #8 shows 99% of 171 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: 2020-10-07, 5 years ago
99%
within 1.5 mg/m3
171
samples
1.62
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.
125 samples taken by MSHA inspectors, 46 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR68
  • HIGHWALL DRILL OPERATOR40
  • HIGHLIFT OPERATOR/FRONT END LOADER25

Silica (quartz)

Last sampled: 2020-10-16, 5 years ago
6.8
silica avg (%)
12
samples
40.2
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR10
  • HIGHWALL DRILL OPERATOR2

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: 2020-10-07, 5 years ago
3%
over PEL
87
samples
Most-sampled occupations
  • BULLDOZER OPERATOR23
  • HIGHLIFT OPERATOR/FRONT END LOADER18
  • HIGHWALL DRILL OPERATOR17
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
2020 100% 21
2019 100% 24
2018 100% 24
2017 94% 18
2015 100% 5
2013 100% 8
2012 100% 11
2011 100% 10
2010 100% 18
2009 100% 7
2008 100% 15
2007 100% 10
Silica (quartz) by year
Year silica avg (%) samples
2020 0.9 2
2019 2.0 2
2018 4.3 3
2017 5.5 4
2009 40.2 1
Noise by year
Year over PEL samples
2020 0% 5
2019 0% 10
2018 0% 10
2017 0% 10
2015 0% 5
2013 0% 3
2012 0% 15
2011 0% 2
2010 0% 11
2009 20% 5
2008 18% 11
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Liberty Management #8 recorded 0.00 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In Kentucky, coal mining averaged 4.35 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
2012 * 0.00 0.00 0.000
2011 * 4.37 4.37 0.000
2010 * 0.00 0.00 0.000
2009 * 6.86 6.86 0.000
2008 1.61 1.61 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. Big Elk Mining Co LLC 2006 to 2007
  2. Frasure Creek Mining, LLC. 2007 to 2015
  3. Liberty Management, LLC 2015 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 2
2025 0
2024 0
2023 0
2022 0
2021 1 100
2020 6 24,767
2019 7 59,441
2018 7 86,005
2017 6 89,202
2016 3
2015 0
2014 8 12,215
2013 4
2012 27 181,700
2011 34 381,424
2010 31 502,671
2009 34 554,785
2008 41 931,983
2007 41 508,056
Source: MSHA quarterly employment and production, updated weekly.

Liberty Management #8 sits in Perry County, Kentucky, where the Census mining category is 3.3% 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.
Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
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 56 0 0 0.0
2026 Q1 0 0 0
2025 Q4 0 0 0
2025 Q3 0 0 0
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 0 0 0
Show 68 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 0 0 0
2024 Q1 0 0 0
2023 Q4 0 0 0
2023 Q3 0 5 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 0 0 0
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 12 0 0 0.0
2020 Q4 80 0 0 0.0
2020 Q3 4,122 0 0 0.0
2020 Q2 3,398 1 0 294.3
2020 Q1 3,895 0 0 0.0
2019 Q4 3,413 3 2 879.0
2019 Q3 4,106 1 1 243.5
2019 Q2 4,121 6 2 1456.0
2019 Q1 4,248 0 0 0.0
2018 Q4 4,122 5 1 1213.0
2018 Q3 4,848 0 0 0.0
2018 Q2 4,124 4 0 969.9
2018 Q1 3,993 0 0 0.0
2017 Q4 4,857 4 0 823.6
2017 Q3 3,900 0 0 0.0
2017 Q2 4,407 5 0 1134.6
2017 Q1 420 3 1 7142.9
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 6,510 5 0 768.0
2015 Q4 0 1 0
2015 Q3 0 4 1
2015 Q2 0 0 0
2015 Q1 0 4 0
2014 Q4 9,625 4 0 415.6
2014 Q3 2,560 0 0 0.0
2014 Q2 2,520 2 0 793.7
2014 Q1 938 5 0 5330.5
2013 Q4 1,695 1 0 590.0
2013 Q3 1,418 0 0 0.0
2013 Q2 1,891 21 9 11105.2
2013 Q1 1,904 0 0 0.0
2012 Q4 2,823 4 0 1416.9
2012 Q3 2,661 4 0 1503.2
2012 Q2 11,549 1 0 86.6
2012 Q1 29,073 33 18 1135.1
2011 Q4 24,321 0 0 0.0
2011 Q3 24,451 7 4 286.3
2011 Q2 21,291 4 0 187.9
2011 Q1 21,420 6 1 280.1
2010 Q4 22,869 3 0 131.2
2010 Q3 22,325 14 5 627.1
2010 Q2 12,691 0 0 0.0
2010 Q1 21,440 3 0 139.9
2009 Q4 22,738 5 0 219.9
2009 Q3 16,146 0 0 0.0
2009 Q2 17,555 7 3 398.7
2009 Q1 31,037 1 0 32.2
2008 Q4 27,467 5 3 182.0
2008 Q3 33,906 2 1 59.0
2008 Q2 29,176 1 1 34.3
2008 Q1 33,738 9 3 266.8
2007 Q4 29,150 0 0 0.0
2007 Q3 34,142 2 2 58.6
No fatalities recorded at this mine.

Reportable incidents

7 on file

2011 · 2 incidents

September 1, 2011 KY · Coal greaser, grease man, oiler, lube man, dragline oiler IGNITION OR EXPLOSION OF GAS OR DUST
Frasure Creek Mining, LLC. · Contact with hot objects or substances

Employee had turned off a gasoline fired water pump and was refueling it when the gasoline ignited, burning his left arm, left leg, left side and the left side of his neck. He was flown to Augusta Georga where he is receiving treatment for burns to his left arm (the most serious of the injuries).

February 2, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech STRIKING OR BUMPING
Frasure Creek Mining, LLC. · Struck against stationary object

As employee was climbing from beneath a D-11 dozer, he bumped his head on the ripper when he stood up, causing a cut to the top of his head.

2009 · 4 incidents

April 27, 2009 KY · Coal POWERED HAULAGE
Frasure Creek Mining, LLC. · Accident type, without injuries

Employee was sweeping Lost Creek road when he was hit in the rear of the sweeper by an ATV driven by co-worker. Police report was filled out.

April 21, 2009 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Frasure Creek Mining, LLC. · Struck against a moving object

Operator started feeling slight pain after Dozer jarred him while pushing shot on April 21. Towards the end of his shift, he was experiencing moderate-severe pain in lower back. Went to Doctor on April 23 when pain would not ease up.

March 14, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Frasure Creek Mining, LLC. · Over-exertion in lifting objects

Employee was changing a 992G Cat wheel loader tooth. When picking up the loader tooth he strained/pulled a muscle in his lower left stomach area.

January 14, 2009 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Frasure Creek Mining, LLC. · Over-exertion (Not Elsewhere Classified)

Employee was climbing down off the Dozer when he lost his footing. When he grabbed to catch his balance he hurt his arm/shoulder.

2008 · 1 incident