Mining Incidents

Liggett #3: 798 MSHA citations Coal

SEQUOIA ENERGY LLC · Underground
Controlled by James C Justice II
Harlan, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518854

Liggett #3 has $462K in proposed MSHA penalties and $40K outstanding across 46 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Liggett #3.

Fatalities
0
Total incidents
27
Years on record
2005–2012
Latest incident
Mar 2012
Compliance record
MSHA citations since 2005
798
citations
256
significant & substantial
$462,273
proposed penalties
$326,398
paid to date
71% of proposed penalties paid to date, a $135,875 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
66
inspections on record
4,644
inspection hours
17.2
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.
798 citations across 4,644 inspection hours.
Source: MSHA inspections data, updated weekly.

Liggett #3 has $462K in proposed MSHA penalties and $40K outstanding across 46 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.
$462K
proposed penalties
$366K
current assessed
$326K
paid to date
$40K
outstanding
779 assessments are final orders; 46 contested dockets.
Of $331K in penalties contested before the Commission, $231K was upheld in final decisions.
As of the most recent assessment on 2012-03-19.
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.
32.8%
significant & substantial
0.6%
high negligence or reckless
48.6%
reasonably likely or greater
10.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.7% low, 97.7% moderate, 0.6% 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.
358 citations taken to the federal commission · 45% of citations on record
  • Settled 261 · 73%
  • Stood as issued 91 · 25%
  • Vacated or withdrawn 6 · 2%
93%
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 151 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$331K proposed, $231K 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 2012-06-20.
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 2009-913 Settlement Melick 2011 $42K → $29K
KENT 2008-996 Settlement Melick 2009 $36K → $22K
KENT 2012-1214 Prevail Moran 2014 $19K → $10K
KENT 2008-1234 Settlement Melick 2011 $17K → $13K
KENT 2009-340 Settlement Weisberger 2011 $16K → $11K
KENT 2011-85 Settlement Rae 2012 $16K → $12K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Liggett #3 shows 93% of 622 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: 2012-01-26, 14 years ago
93%
within 1.5 mg/m3
622
samples
6.11
dust max (mg/m3)
285 samples taken by MSHA inspectors, 337 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR277
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)52
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)47

Silica (quartz)

Last sampled: 2011-10-19, 14 years ago
7.9
silica avg (%)
51
samples
16.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR24

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: 2011-10-13, 14 years ago
13%
over PEL
72
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)16
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)15
  • CONTINUOUS MINER OPERATOR14
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
2012 100% 6
2011 95% 73
2010 93% 85
2009 100% 82
2008 96% 83
2007 84% 58
2006 94% 170
2005 85% 65
Silica (quartz) by year
Year silica avg (%) samples
2011 7.7 6
2010 5.8 5
2009 6.1 5
2008 7.6 5
2007 8.3 7
2006 7.7 14
2005 10.6 9
Noise by year
Year over PEL samples
2011 14% 14
2010 0% 5
2009 22% 9
2008 11% 9
2007 10% 10
2006 15% 20
2005 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Liggett #3 recorded 18.55 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.
18.55
total case rate
18.55
days-away rate
0.000
fatality rate
Above 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 * 18.55 18.55 0.000
2011 1.67 1.67 0.000
2010 3.45 3.45 0.000
2009 4.95 3.30 0.000
2008 4.21 2.81 0.000
2007 * 17.52 7.01 0.000
2006 8.17 5.83 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. Liggett Mining LLC 2005 to 2013
  2. SEQUOIA ENERGY LLC 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 9 14,089
2011 46 114,226
2010 42 135,080
2009 44 142,653
2008 51 158,869
2007 22 64,625
2006 64 247,870
2005 30 89,940
Source: MSHA quarterly employment and production, updated weekly.

Liggett #3 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
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 0 0
2012 Q1 21,566 1 0 46.4
2011 Q4 29,015 26 5 896.1
Show 26 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q3 29,603 7 1 236.5
2011 Q2 30,427 18 5 591.6
2011 Q1 30,441 26 7 854.1
2010 Q4 28,795 19 7 659.8
2010 Q3 27,084 14 8 516.9
2010 Q2 31,473 18 5 571.9
2010 Q1 28,666 38 7 1325.6
2009 Q4 28,443 31 7 1089.9
2009 Q3 30,585 22 5 719.3
2009 Q2 33,621 39 6 1160.0
2009 Q1 28,649 22 10 767.9
2008 Q4 31,635 39 12 1232.8
2008 Q3 33,736 35 8 1037.5
2008 Q2 36,038 17 4 471.7
2008 Q1 41,186 38 7 922.6
2007 Q4 14,390 21 8 1459.3
2007 Q3 0 0 0
2007 Q2 1,589 0 0 0.0
2007 Q1 41,104 36 12 875.8
2006 Q4 41,414 61 29 1472.9
2006 Q3 42,075 84 28 1996.4
2006 Q2 46,478 62 19 1334.0
2006 Q1 41,462 17 8 410.0
2005 Q4 27,299 16 7 586.1
2005 Q3 22,204 40 17 1801.5
2005 Q2 11,622 19 8 1634.8
No fatalities recorded at this mine.

Reportable incidents

27 on file

2012 · 2 incidents

March 13, 2012 KY · Coal examiner, fire boss, pre-shift examiner, mine examiner HANDLING OF MATERIALS
Liggett Mining LLC · Struck by rolling or sliding object

Employee was cutting plates/ties loose from track, with a torch, to remove it from the mines. Once the track was cut loose it rolled over on the employee's feet. Bruising his left foot.

March 6, 2012 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider OTHER
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

A scoop was cleaning a crosscut to permit travel down the beltline, the scoop bucket hooked into a piece of 3" water line, causing the water line to swing around and strike the employee on the lower right leg.

2011 · 2 incidents

August 26, 2011 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Liggett Mining LLC · Struck by flying object

Employee was lifting a belt roller with a slate bar while another employee was trying to adjust the height of the roller. The slate bar broke striking the employee in the groin area.

May 24, 2011 KY · Coal FALL OF ROOF OR BACK
Liggett Mining LLC · Accident type, without injuries

A roof fall occurred in the last open cross-cut, in the #5 entry, on the 003 section. The fall was approximately 25 feet long, 25 feet wide, and 6 feet thick. No persons or equipment involved.

2010 · 2 incidents

June 3, 2010 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler STRIKING OR BUMPING
Liggett Mining LLC · Struck against stationary object

Employee was working a head drive when a water line busted. He turned away from the water line and began to run away when he ran into a guide roller that was positioned beside of the belt line.

February 8, 2010 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Liggett Mining LLC · Over-exertion (Not Elsewhere Classified)

EE was operating a Joy SC10 Shuttle Car when this accident happened. EE was getting off of his shuttle car when he stepped on the ground (bottom) the bottom was uneven, causing him to twist his knee.

2009 · 4 incidents

September 4, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Liggett Mining LLC · Struck against a moving object

The coal truck driver was leaving the mine pit area which had more coal accumulated than normal and the pit area was tight. The loader man directed the truck driver on where to back in, loaded him and then told him to pull forward. He pulled forward approx. 25 feet and turned over on the right side.

August 31, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Liggett Mining LLC · Struck against stationary object

Employee was preparing to start drilling the hole for a roof bolt when he slipped and hit the rotation lever, causing him to twist his wrist.

August 25, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Liggett Mining LLC · Struck by falling object

As ee was standing in intersection of the last open crosscut, a piece of draw rock approximately 4'x6'x5" fell, striking him on the back and left side.

August 21, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

Injured was hanging a roof bolter cable, as the roof bolter was tramming tension came into cable causing him to cut his finger on the insulated hanger, requiring 2 stitches.

2008 · 3 incidents

September 12, 2008 KY · Coal continuous miner helper, coal mole helper, bridgeman POWERED HAULAGE
Liggett Mining LLC · Caught in, under or between running or meshing objects

Employee was operating the miner off the umbilical cord. As he placed it on the tail of the miner so he could tram to the next place, the cord became intangled in the conveyor chain and as he tried to free up the cord, his middle & ring fingers on his left hand were mashed by the conveyor flight.

August 20, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

Ee was loading bolts, plates glue and straps onto the back of a roof bolter when his left hand struck the sharp edge of a strap, causing a laceration that required 4 stitches.

March 4, 2008 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator SLIP OR FALL OF PERSON
Liggett Mining LLC · Over-exertion (Not Elsewhere Classified)

EE was changing batteries on a scoop, when he tripped and twisted his knee.

2007 · 5 incidents

March 15, 2007 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)

While trimming conveyor belt at the tailpiece employee's razor knife slipped, cutting his lower thigh.

February 8, 2007 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall to the walkway or working surface

Employee stated that he slipped and fell, striking his back, as he was moving the tie off for his shuttle car cable. This alleged accident occurred on 2/8/07 but was not reported until 2/12/07.

February 7, 2007 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall onto or against objects

Employee stated he was crossing the tailpiece and fell, hitting the starting box.

January 18, 2007 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall to the walkway or working surface

EE was conducting preshift exam, when he slipped and fell. The bottom was wet and slick. EE seeked medical attention and advised to wait and watch. Became a reportable accident when EE had surgery on 6/8/07.

January 8, 2007 KY · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
Liggett Mining LLC · Struck by falling object

Ee dislodged a piece of draw rock as he was installing a ventilation curtain. The rock measured 1'x5"x1". As he drove a nail into the curtain, the rock came out on an angle and struck him in the head, requiring 4 stitches.

2006 · 7 incidents

October 30, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Liggett Mining LLC · Caught in, under or between a moving and a stationary object

Ee was repositioning the roof bolter when he caught his hand between the rib and the canopy of the roof bolter.

August 25, 2006 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Liggett Mining LLC · Over-exertion (Not Elsewhere Classified)

EE stated that he was changing conveyor belt structure out when he felt pain in his lower back. Ee went to the E.R.Dr where it was determined that he had suffered a lower back strain.

June 14, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Liggett Mining LLC · Caught in, under or between a moving and a stationary object

EE was swinging the head of the roof bolter machine to the next position. He had his right hand on the top of the roof bolter when a piece of rock fell striking his little finger causing crushing injuries. He was treated at Harlan hospital and told to come back 6/21/06 for amputation.

May 31, 2006 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

Employee was using a cut off saw when the blade broke & struck him on the left forearm. He was transported to the hospital where he received 5 stitches. He did not lose any time and returned to regular duty.

May 9, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

EE was attempting to straighten a piece of roof bolter drill steel that was bent, by lowering the head of the bolt machine on it. The drill steel sprang out and struck EE in the face. EE was X-rayed and had received a fractured cheek bone and jaw.

March 14, 2006 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Liggett Mining LLC · Struck against stationary object

Ee stated he was using a shovel to muck the belt when he shoved his shovel up his thumb struck the mounting bar of the scraper. Ee went to the Dr., xray and tests were negative however, ee was put on light duty. Ee has not missed any time from work but is still on light duty.

February 13, 2006 KY · Coal stopping builder, ventilation man, mason man, overcast HANDLING OF MATERIALS
Liggett Mining LLC · Over-exertion in pulling or pushing objects

EE stated that he was rolling a piece of rock off the water line when he felt pain in his right shoulder and neck.

2005 · 2 incidents

September 22, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Liggett Mining LLC · Caught in, under or between a moving and a stationary object

EE WAS OPERATING THE ROOF BOLTER WHEN HE HAD PLACED HIS LEFT HAND UPON THE CANOPY OF THE ATRS. HIS FINGER WAS PINCHED BETWEEN THE MINE ROOF AND THE ATRS. HE WAS TRANSPORTED TO THE HOSPITAL WHERE HE RECEIVED 3 STITCHES. THE HAND WAS X-RAYED AND SHOWED NO FRACTURES.

July 18, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Liggett Mining LLC · Caught in, under or between a moving and a stationary object

Employee stated that he was roof bolting & caught his left index finger between the drill steel and the roof bolting wrench. He was transported to the hospital where it was determined that his finger was broken & excessive tissue required surgery to repair the damage.