Mining Incidents

Liggett #5: 805 MSHA citations Coal

Liggett Mining LLC · Underground
Controlled by James C Justice II
Harlan, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519080

Liggett #5 has $736K in proposed MSHA penalties and $211K outstanding across 31 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
20
Years on record
2007–2010
Latest incident
Mar 2010
Compliance record
MSHA citations since 2007
805
citations
263
significant & substantial
$736,063
proposed penalties
$417,765
paid to date
57% of proposed penalties paid to date, a $318,298 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
42
inspections on record
4,152
inspection hours
19.4
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.
805 citations across 4,152 inspection hours.
Source: MSHA inspections data, updated weekly.

Liggett #5 has $736K in proposed MSHA penalties and $211K outstanding across 31 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.
$736K
proposed penalties
$629K
current assessed
$418K
paid to date
$211K
outstanding
786 assessments are final orders; 31 contested dockets.
Of $354K in penalties contested before the Commission, $239K was upheld in final decisions.
As of the most recent assessment on 2010-05-11.
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.
33.5%
significant & substantial
3.9%
high negligence or reckless
33.6%
reasonably likely or greater
15.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.0% low, 91.1% moderate, 3.8% 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.
351 citations taken to the federal commission · 44% of citations on record
  • Settled 342 · 97%
  • Stood as issued 5 · 1%
  • Vacated or withdrawn 4 · 1%
96%
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 157 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$354K proposed, $239K 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 2010-07-16.
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 2010-3 Settlement 2011 $58K → $38K
KENT 2008-706 Settlement Melick 2009 $39K → $16K
KENT 2008-1372 Settlement Paez 2009 $31K → $22K
KENT 2009-591 Settlement Melick 2011 $26K → $20K
KENT 2010-1283 Settlement Miller 2012 $26K → $19K
KENT 2008-1051 Settlement Melick 2009 $20K → $11K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Liggett #5 shows 96% of 382 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: 2010-04-28, 16 years ago
96%
within 1.5 mg/m3
382
samples
4.08
dust max (mg/m3)
198 samples taken by MSHA inspectors, 184 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR176
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)38
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)36

Silica (quartz)

Last sampled: 2010-01-11, 16 years ago
4.9
silica avg (%)
12
samples
6.6
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR7

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: 2009-10-06, 16 years ago
7%
over PEL
69
samples
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)20
  • ROOF BOLTER (TWIN HEAD) (RETURN 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
2010 96% 28
2009 95% 103
2008 97% 149
2007 94% 102
Silica (quartz) by year
Year silica avg (%) samples
2009 4.1 6
2008 6.1 3
2007 5.3 3
Noise by year
Year over PEL samples
2009 7% 14
2008 5% 21
2007 9% 34
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Liggett #5 recorded 8.41 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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.
8.41
total case rate
6.01
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Kentucky, coal mining averaged 5.04 cases per 100 workers that year.
Year total case rate days-away fatal
2009 8.41 6.01 0.000
2008 4.76 4.76 0.000
2007 3.85 3.85 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 2007 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)
2010 29 72,539
2009 56 154,621
2008 74 337,091
2007 59 348,862
Source: MSHA quarterly employment and production, updated weekly.

Liggett #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
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q2 13,640 44 16 3225.8
2010 Q1 24,641 25 5 1014.6
2009 Q4 27,762 27 9 972.6
2009 Q3 37,255 74 20 1986.3
2009 Q2 54,665 94 28 1719.6
2009 Q1 46,694 33 9 706.7
2008 Q4 52,401 72 21 1374.0
2008 Q3 53,209 93 23 1747.8
Show 6 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q2 52,398 47 18 897.0
2008 Q1 52,148 41 9 786.2
2007 Q4 53,843 39 8 724.3
2007 Q3 47,980 96 40 2000.8
2007 Q2 45,757 47 26 1027.2
2007 Q1 8,180 1 0 122.2
No fatalities recorded at this mine.

Reportable incidents

20 on file

2010 · 1 incident

March 16, 2010 KY · Coal stopping builder, ventilation man, mason man, overcast HANDTOOLS (NONPOWERED)
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

While assisting the mechanic make a splice on the miner cable, EE cut his left wrist with a belt knife, requiring 4 stitches.

2009 · 10 incidents

November 21, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

Employee was working on the belt line, using a metal bar to change out a roller when the bar slipped hitting him in the mouth.

October 7, 2009 KY · Coal FALL OF ROOF OR BACK
Liggett Mining LLC · Accident type, without injuries

The time of this incident is unknown, it was discovered on the pre-shift exam. A roof fall was discovered on the 2B beltline at break #6 in an intersection. The fall measured 20' x 30' x 10' high. This beltline is abandoned, therefore, the fall will not be cleaned up. The area has been cribbed and timbered to insure the safety of surrounding areas.

July 14, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Liggett Mining LLC · Struck by falling object

EE was helping lift a metal beam when he lost his grip, causing it to land on his hand. Bruising and swelling occurred, with no broken bones.

July 12, 2009 KY · Coal FALL OF ROOF OR BACK
Liggett Mining LLC · Accident type, without injuries

A rock fall was discovered during the preshift exam in the last open break in #3 entry of the 001 section. The fall measured 20' x 25' x 8'. The fall has been cleaned up and arches installed for support.

June 10, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Liggett Mining LLC · Struck by falling object

EE was installing roof bolts when a portion of the rib rolled out striking him on the back. Treated and released at hospital with scratches & bruises.

May 21, 2009 KY · Coal FALL OF ROOF OR BACK
Liggett Mining LLC · Accident type, without injuries

A rock fall was discovered on 5/21/09 by a representative of the company and MSHA inspector on an old panel, 1A panel. The rock fall has been timbered off and dangered off. This is a worked out area.

April 17, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Liggett Mining LLC · Struck against stationary object

Injury was bolting top, when a piece of rock from the rib fell off hitting him and pushing him against the bolt machine. Breaking his right arm and cutting his left arm, that required 12 stitches.

March 5, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall to the walkway or working surface

Employee was unloading a box out of scoop bucket when he lost his footing and fell landing on his butt.

January 22, 2009 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)

As employee was finishing a belt splice, the come-along being used to pull the belt together slipped and struck him in the left shoulder.

2008 · 5 incidents

November 18, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Liggett Mining LLC · Struck by falling object

Injury was spotting bolts along a rib where sloughing had occured. a rib roll approximately 1'x31/2'x1' hit ee in the left arm and side causing bruising and contusions.

November 7, 2008 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Liggett Mining LLC · Over-exertion (Not Elsewhere Classified)

EE was carrying his co-workers dinner buckets and self rescuers when he slipped in the mud and twisted his ankle.

October 31, 2008 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Liggett Mining LLC · Caught in, under or between a moving and a stationary object

As employee was unloading rock dust from the rail car, the pile of rock dust tipped over and caught his leg between the rock dust and the rail car.

August 19, 2008 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Liggett Mining LLC · Over-exertion in pulling or pushing objects

While shoveling the belt, EE was pushing against the shovel with his right knee and experienced pain. After consulting a Dr., it was determined he had a sprain/bruise.

June 16, 2008 KY · Coal assistant mine foreman, assistant mine manager SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall to the walkway or working surface

While helping to load a scoop onto a Lo-Boy Trailer, EE stepped on a loose crib block and lost his balance, falling to the ground, approx 24" and struck his left shoulder.

2007 · 4 incidents

November 11, 2007 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Liggett Mining LLC · Caught in, under or between a moving and a stationary object

EE was changing a crawler on a Jow 14-15 miner. He was setting a jack when it slipped and mashed his thumb.

August 25, 2007 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Liggett Mining LLC · Over-exertion in pulling or pushing objects

Employee was loading a speed reducer in a scoop bucket when he bent down to push the reducer in the bucket and twisted his knee.

August 15, 2007 KY · Coal FALL OF ROOF OR BACK
Liggett Mining LLC · Accident type, without injuries

A 12' x 20' x 8' rock fall was discovered on 8-15-07 in the #3 left belt. There were no injuries or equipment involved. The area has been cribbed and dangered off.

April 5, 2007 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 was operating a roof bolter. He was drilling a hole when a small piece of draw rock fell, striking his left hand and fingers.