Mining Incidents

Liggett #2: 384 MSHA citations Coal

Liggett Mining LLC · Underground
Controlled by James C Justice II
Harlan, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518805

Liggett #2 has $116K in proposed MSHA penalties and $1K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
18
Years on record
2004–2007
Latest incident
Jan 2007
Compliance record
MSHA citations since 2004
384
citations
147
significant & substantial
$116,272
proposed penalties
$114,837
paid to date
99% of proposed penalties paid to date, a $1,435 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
17
inspections on record
1,710
inspection hours
22.5
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.
384 citations across 1,710 inspection hours.
Source: MSHA inspections data, updated weekly.

Liggett #2 has $116K in proposed MSHA penalties and $1K outstanding across 2 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.
$116K
proposed penalties
$116K
current assessed
$115K
paid to date
$1K
outstanding
382 assessments are final orders; 2 contested dockets.
Of $12K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2007-03-16.
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.
38.4%
significant & substantial
1.0%
high negligence or reckless
50.1%
reasonably likely or greater
4.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.3% low, 98.7% moderate, 1.0% 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.
33 citations taken to the federal commission · 9% of citations on record
  • Stood as issued 33 · 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 15 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$12K proposed, $12K 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 2007-04-03.
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 2007-236 Default Lesnick 2007 $11K → $11K
KENT 2007-235 Default Lesnick 2007 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Liggett #2 shows 93% of 398 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: 2007-03-12, 19 years ago
93%
within 1.5 mg/m3
398
samples
4.60
dust max (mg/m3)
173 samples taken by MSHA inspectors, 225 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR154
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)29
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)25

Silica (quartz)

Last sampled: 2007-03-13, 19 years ago
9.5
silica avg (%)
48
samples
35.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR13

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: 2007-03-06, 19 years ago
3%
over PEL
32
samples
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)7
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)7
  • CONTINUOUS MINER OPERATOR6
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
2007 95% 22
2006 97% 159
2005 90% 196
2004 100% 21
Silica (quartz) by year
Year silica avg (%) samples
2007 4.9 4
2006 8.4 13
2005 10.7 30
2004 6.1 1
Noise by year
Year over PEL samples
2007 0% 5
2006 7% 14
2005 0% 13
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Liggett #2 recorded 9.53 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
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.
9.53
total case rate
5.96
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.87 and the all-US-mining average was 3.91 cases per 100 workers.
In Kentucky, coal mining averaged 5.96 cases per 100 workers that year.
Year total case rate days-away fatal
2006 9.53 5.96 0.000
2005 9.35 8.18 0.000
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. Liggett Mining LLC 2004 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)
2007 28 37,484
2006 64 219,688
2005 65 270,922
2004 29 44,417
Source: MSHA quarterly employment and production, updated weekly.

Liggett #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
2007 Q2 1,443 0 0 0.0
2007 Q1 32,991 33 15 1000.3
2006 Q4 35,749 33 15 923.1
2006 Q3 36,103 65 26 1800.4
2006 Q2 47,973 32 16 667.0
2006 Q1 48,024 33 17 687.2
2005 Q4 45,558 24 8 526.8
2005 Q3 44,742 39 12 871.7
Show 3 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2005 Q2 43,745 39 12 891.5
2005 Q1 37,003 52 16 1405.3
2004 Q4 19,636 28 6 1426.0
No fatalities recorded at this mine.

Reportable incidents

18 on file

2007 · 1 incident

January 1, 2007 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Liggett Mining LLC · Caught in, under or between (Not Elsewhere Classified)

While removing a spill board during a belt back, EE caught his finger between the spill board and the tailpiece.

2006 · 8 incidents

August 16, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Liggett Mining LLC · Struck by falling object

EE was taking the rubrail off the continuous miner when it fell on his right middle finger. He consulted the ER Dr at the hospital who determined that his finger was broken. He did not lose any time with this injury.

June 9, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall onto or against objects

EE stated that he was walking at the back of the bolt machine when he stumbled and fell striking his left hand on a piece of coal. This caused a laceration requiring 4 stitches between the index finger and middle finger.

May 12, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Liggett Mining LLC · Struck by falling object

EE stated he was roof bolting when a piece of rock, approx. 4" thick by 12" in diameter, fell from the roof and struck his right ring finger. The X-ray showed that his finger was fractured at the tip.

April 19, 2006 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Liggett Mining LLC · Struck against a moving object

EE was riding to the section in the mantrip with the rest of the crew, when the operator went through a dip in the track and applied the brakes. The rail runner skidded into the stop blcok at the end of the track. EE was sitting in the end of the rail runner with his side against the frame. The impact resulted in 2 broken ribs. No one else was injured.

February 20, 2006 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall onto or against objects

EE stated that he was carrying a box of glue while loading the roof bolter when he tripped and fell striking the scoop bucket with his lower back.

February 8, 2006 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Liggett Mining LLC · Caught in, under or between a moving and a stationary object

EE WAS LOADING SUPPLIES ONTO THE SCOOP FROM THE FLATCAR WHEN HE GOT HIS LITTLE AND RING FINGERS CAUGHT BEHIND THE RAM OF THE SCOOP. THE RAM CRUSHED HIS FINGERTIPS, RESULTING IN THE AMPUTATION OF HIS RIGHT LITTLE FINGER TO THE MIDDLE PHALANGE AND HIS RIGHT RING FINGER TO THE DISTAL PHALANGE.

January 13, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Liggett Mining LLC · Struck by falling object

EMPLOYEE STATED THAT WHILE INSTALLING ROOF BOLTS A PIECE OF DRAW ROCK FELL FROM THE ROOF & STRUCK HIM ON THE LOWER BACK. EE WAS TREATED & RECEIVED 10 STITCHES TO HIS LOWER BACK.

January 4, 2006 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Liggett Mining LLC · Struck by rolling or sliding object

Employee was operating the shuttle car when a piece of rock rolled out from the rib and struck him in the back. He continued to work the rest of the shift and consulted a doctor on 1/5/06.

2005 · 8 incidents

October 18, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Liggett Mining LLC · Struck by falling object

EE stated that he was roof bolting when a piece of draw rock fell and struck him on the right hand. He was xrayed and showed no fracture.

October 17, 2005 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

EE stated that he was putting oil in the shuttle car when the hadle broke on the can of hydraulic oil. The can struck his left hand and cut it requiring 5 stitches.

September 28, 2005 KY · Coal continuous miner operator, coal mole operator FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Liggett Mining LLC · Struck by falling object

EE STATED THAT HE HAD CLEANED AROUND THE HEAD MOTOR OF THE CONTINUOUS MINER AND WAS STANDING NEAR THE RIB WHEN A PIECE OF ROCK ROLLED OUT OF THE RIB AND STRUCK HIM ON THE RIGHT FOOT. THE ROCK FRACTURED HIS LITTLE TOE AND REQUIRED 5 STITCHES.

September 10, 2005 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Liggett Mining LLC · Caught in, under or between (Not Elsewhere Classified)

EE STATED THAT THE FEEDER SHEARED A PIN FOR THE CONVEYOR. EE STATED THAT HE ATTEMPTED TO CHANGE THE PIN WHILE THE FEEDER WAS RUNNING AND HIS RIGHT INDEX FINGER WAS AMPUTATED AT MIDPOINT OF THE NAIL. HE WAS TAKEN TO HARLAN HOSPITAL FOR TREATMENT. THE DR RELEASED HIM FOR LIGHT DUTY.

May 21, 2005 KY · Coal stopping builder, ventilation man, mason man, overcast MACHINERY
Liggett Mining LLC · Struck by flying object

Employee was driving a miner bit into the head of the miner when a piece of metal flew into his right eye.

May 5, 2005 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator FALL OF ROOF OR BACK
Liggett Mining LLC · Struck by falling object

EE was reaching for roof bolt plates when a small piece of rock fell & struck the middle finger of his left hand. He was x-rayed & did not have any broken bones, nor stitches. He was to return to work on the next shift. He did not return to work. Efforts were made to contact him & were unsuccessful. He has now contacted us & is alleging a back injury from this incident.

April 28, 2005 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS TRIMMING A PIECE OF BELT WITH A UTILITY KNIFE WHEN IT SLIPPED & CUT HIS LEFT INDEX FINGER. EE RECEIVED 3 STITCHES & RETURNED TO WORK ON THE NEXT SHIFT.

March 19, 2005 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

EE STATED EE WAS OPERATING THE SHUTTLE CAR WHEN A METAL STRAP WAS LOADED INTO THE SHUTTLE CAR AND FELL INTO THE DECK OF THE CAR RESULTING IN A LACERATION TO RIGHT HAND, MIDDLE 3 FINGERS. EE WAS TREATED AT THE HARLAN HOSPITAL AND RECIEVED 12 STITCHES TO THE 3 FINGERS

2004 · 1 incident

December 28, 2004 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

EE WAS OPERATING A SHUTTLE CAR WHEN HE RAN OVER A PIECE OF COAL THAT BROKE & A PIECE WENT INTO HIS LEFT EYE. EE WAS TREATED AT THE E.R. WHERE IS WAS DETERMINED THAT HIS EYE WAS SCRATCHED.