Mining Incidents

Love Branch: 369 MSHA citations Coal

Deane Mining LLC · Surface
Deane, Letcher County, KY  ·  Abandoned
MSHA Mine ID: 1519191

Love Branch has $142K in proposed MSHA penalties and $0 outstanding across 14 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
10
Years on record
2008–2011
Latest incident
Jan 2011
Compliance record
MSHA citations since 2008
369
citations
109
significant & substantial
$142,259
proposed penalties
$124,167
paid to date
87% of proposed penalties paid to date, a $18,092 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
71
inspections on record
2,994
inspection hours
12.3
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.
369 citations across 2,994 inspection hours.
Source: MSHA inspections data, updated weekly.

Love Branch has $142K in proposed MSHA penalties and $0 outstanding across 14 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.
$142K
proposed penalties
$124K
current assessed
$124K
paid to date
$0
outstanding
356 assessments are final orders; 14 contested dockets.
Of $60K in penalties contested before the Commission, $42K was upheld in final decisions.
As of the most recent assessment on 2013-06-04.
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.
30.6%
significant & substantial
3.1%
high negligence or reckless
29.2%
reasonably likely or greater
7.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.6% low, 89.3% moderate, 2.5% high, 0.6% 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.
56 citations taken to the federal commission · 15% of citations on record
  • Settled 54 · 96%
  • Stood as issued 2 · 4%
92%
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 52 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$60K proposed, $42K 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 2012-12-26.
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 2009-877 Settlement Paez 2011 $19K → $13K
KENT 2009-642 Settlement Lesnick 2009 $9K → $6K
KENT 2009-969 Settlement Bulluck 2012 $5K → $4K
KENT 2010-834 Settlement Tureck 2012 $4K → $3K
KENT 2010-459 Settlement McCarthy 2011 $4K → $3K
KENT 2009-1137 Settlement Bulluck 2011 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Love Branch shows 95% of 242 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: 2010-04-26, 16 years ago
95%
within 1.5 mg/m3
242
samples
3.50
dust max (mg/m3)
113 samples taken by MSHA inspectors, 129 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR119
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)31
  • SCOOP CAR OPERATOR12

Silica (quartz)

Last sampled: 2009-11-12, 16 years ago
7.2
silica avg (%)
19
samples
32.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR12

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: 2011-05-18, 15 years ago
14%
over PEL
36
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)10
  • CONTINUOUS MINER OPERATOR6
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)6
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 90% 21
2009 94% 126
2008 97% 95
Silica (quartz) by year
Year silica avg (%) samples
2009 5.7 8
2008 8.2 11
Noise by year
Year over PEL samples
2011 0% 1
2010 0% 2
2009 9% 22
2008 27% 11
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Love Branch recorded 5.07 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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.
5.07
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In Kentucky, coal mining averaged 4.85 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
2010 * 5.07 0.00 0.000
2009 5.30 2.65 0.000
2008 * 2.92 0.00 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. Deane Mining LLC 2008 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)
2016 0
2015 0
2014 0
2013 0
2012 0
2011 2
2010 18 46,916
2009 63 251,532
2008 36 129,546
Source: MSHA quarterly employment and production, updated weekly.

Love Branch sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
Show 25 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 1 0
2013 Q1 0 0 0
2012 Q4 0 3 0
2012 Q3 0 0 0
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 0 0 0
2011 Q3 0 2 0
2011 Q2 1,767 4 2 2263.7
2011 Q1 2,016 6 3 2976.2
2010 Q4 1,929 3 0 1555.2
2010 Q3 1,987 3 1 1509.8
2010 Q2 11,492 34 10 2958.6
2010 Q1 24,016 38 7 1582.3
2009 Q4 35,388 30 6 847.7
2009 Q3 35,130 24 10 683.2
2009 Q2 42,845 18 3 420.1
2009 Q1 37,708 42 20 1113.8
2008 Q4 30,682 67 18 2183.7
2008 Q3 23,496 47 18 2000.3
2008 Q2 14,346 29 7 2021.5
2008 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

10 on file

2011 · 1 incident

January 17, 2011 KY · Coal FALL OF ROOF OR BACK
Deane Mining LLC · Accident type, without injuries

A roof fall occurred in the intersection 1 break out-by spad #944 in the # 3 entry.The fall measured approx. 19'W X 25' L. X6' Thick. Persons, ventilation nor equipment were effected. This area will not be rehabilitated.

2010 · 1 incident

January 9, 2010 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler ELECTRICAL
Deane Mining LLC · Absorption of radiations, caustics, toxic and noxious substances

Changing battery on permissable ride when battery lead grounded against the frame causing the battery to explode resulting in a chemical burn to one eye.

2009 · 6 incidents

December 2, 2009 KY · Coal FALL OF ROOF OR BACK
Deane Mining LLC · Accident type, without injuries

A non-injury roof fall occurred on the active 001 & 002 MMU in the last open crosscut in the #4 intersection. The fall measured 19' wide x 10' thick and 260' long. No persons, equipment, nor ventilation were affected. This area will be rehabilitated.

October 3, 2009 KY · Coal utility man, errand boy, service truck operator HANDLING OF MATERIALS
Deane Mining LLC · Over-exertion in lifting objects

EE was helping with belt move and was assisting with lifting part of the belt structure when he felt a pull in his lower back. Physician took him off work effective 10/05/2009.

September 24, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Deane Mining LLC · Struck by... (Not Elsewhere Classified)

EE was lifting a man trip with a jack when the bar came out and struck him in the left jaw.

March 18, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Deane Mining LLC · Caught in, under or between a moving and a stationary object

EE was tramming roofbolter with his right hand on top of the canopy, when his fingers were mashed between the canopy and the mine top, resulting in an avulsed finger tip on his right middle finger and required stitches on his right index finger.

March 17, 2009 KY · Coal FALL OF ROOF OR BACK
Deane Mining LLC · Accident type, without injuries

A roof fall has occurred on the 001-0 MMU, 1 break inby spad #601. The fall measured 19' wide x 40' long x 5' thick. Persons, ventilation nor equipment were effected. This fall area will not be rehabilitated.

March 13, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Deane Mining LLC · Struck against stationary object

Employee was riding rail runner in low clearance and hit his back on the top causing injury to his back and ribs.

2008 · 2 incidents

November 3, 2008 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Deane Mining LLC · Caught in, under or between (Not Elsewhere Classified)

Employee was aligning the bolt in the drill pod and accidently activated the rotation lever. His glove caught on the roof bolt and twisted his hand. He was taken to Pikeville Medical Center and x-rays revealed a fracture to his left middle finger.

October 14, 2008 KY · Coal FALL OF ROOF OR BACK
Deane Mining LLC · Accident type, without injuries

A roof fall occurred 700' outby the working section in the return airway on 002-0 MMU. Person, ventilation, nor equipment were effected. This area was cribbed up and dangered off.