Mining Incidents

Lowsplint Surface: 160 MSHA citations Coal

Controlled by Michael Blubaugh
Middlesboro, Bell County, KY  ·  Abandoned
MSHA Mine ID: 1519272

Lowsplint Surface has $25K in proposed MSHA penalties and $5K outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2008–2017
Latest incident
Oct 2017
Compliance record
MSHA citations since 2008
160
citations
17
significant & substantial
$25,109
proposed penalties
$19,978
paid to date
80% of proposed penalties paid to date, a $5,131 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
39
inspections on record
1,271
inspection hours
12.6
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.
160 citations across 1,271 inspection hours.
Source: MSHA inspections data, updated weekly.

Lowsplint Surface has $25K in proposed MSHA penalties and $5K outstanding across 5 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.
$25K
proposed penalties
$25K
current assessed
$20K
paid to date
$5K
outstanding
149 assessments are final orders; 5 contested dockets.
Of $8K in penalties contested before the Commission, $7K was upheld in final decisions.
As of the most recent assessment on 2020-09-09.
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.
11.4%
significant & substantial
2.7%
high negligence or reckless
11.4%
reasonably likely or greater
7.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.0% low, 95.3% 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.
11 citations taken to the federal commission · 7% of citations on record
  • Settled 6 · 55%
  • Stood as issued 5 · 45%
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 8 decided S&S contests · industry: 79%
5%
Penalty reduction in decided contests
$8K proposed, $7K 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 2016-12-06.
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 2016-0497 Default Lesnick 2017 $3K → $3K
KENT 2017-0073 Default Lesnick 2017 $2K → $2K
KENT 2009-509 Settlement Lesnick 2010 $1K → $968
KENT 2009-508 Settlement Lesnick 2011 $1K → $968
KENT 2009-1277 Settlement Weisberger 2010 $334 → $284
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Lowsplint Surface shows 100% of 106 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: 2020-09-09, 5 years ago
100%
within 1.5 mg/m3
106
samples
1.25
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.
69 samples taken by MSHA inspectors, 37 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR47
  • HIGHWALL DRILL OPERATOR22
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE17

Silica (quartz)

Last sampled: 2019-07-08, 7 years ago
7.4
silica avg (%)
8
samples
30.2
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • 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: 2020-07-09, 6 years ago
0%
over PEL
53
samples
Most-sampled occupations
  • BULLDOZER OPERATOR15
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE13
  • HIGHLIFT OPERATOR/FRONT END LOADER10
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% 8
2019 100% 12
2018 100% 11
2017 100% 21
2016 100% 26
2015 100% 10
2014 100% 6
2009 100% 6
2008 100% 6
Silica (quartz) by year
Year silica avg (%) samples
2019 2.9 3
2018 4.2 2
2017 9.9 1
2016 2.0 1
2014 30.2 1
Noise by year
Year over PEL samples
2020 0% 5
2019 0% 5
2018 0% 8
2017 0% 11
2016 0% 10
2015 0% 5
2014 0% 4
2008 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Lowsplint Surface recorded 4.29 reportable injury cases per 100 full-time workers in 2017.

Injury rate, 2017
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.
4.29
total case rate
4.29
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.79 and the all-US-mining average was 2.48 cases per 100 workers.
In Kentucky, coal mining averaged 4.33 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
2017 * 4.29 4.29 0.000
2016 * 3.60 3.60 0.000
2015 * 3.88 3.88 0.000
2009 * 0.00 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. Appolo Fuels Inc 2008 to 2014
  2. Middlesboro Mining Operations, Inc. 2014 to 2016
  3. Double Mountain Mining LLC 2016 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)
2023 1
2022 2
2021 1
2020 15 11,749
2019 14 45,179
2018 11 30,732
2017 20 106,384
2016 29 128,066
2015 27 170,573
2014 14 24,278
2009 21 27,289
2008 27 61,323
Source: MSHA quarterly employment and production, updated weekly.

Lowsplint Surface sits in Bell County, Kentucky, where the Census mining category is 3.6% 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.
Bell County, Kentucky · Population 23,878
3.6%
Mining share of county employment
$32,403
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
2023 Q4 1,728 0 0 0.0
2023 Q3 0 0 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 1,276 0 0 0.0
2022 Q3 1,440 0 0 0.0
2022 Q2 0 0 0
2022 Q1 1,228 0 0 0.0
Show 36 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q4 1,404 0 0 0.0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 2,104 0 0 0.0
2020 Q3 8,640 19 3 2199.1
2020 Q2 3,297 7 1 2123.1
2020 Q1 1,794 2 0 1114.8
2019 Q3 8,895 9 0 1011.8
2019 Q2 12,288 1 0 81.4
2019 Q1 7,413 0 0 0.0
2018 Q4 6,914 12 1 1735.6
2018 Q3 2,679 0 0 0.0
2018 Q2 0 0 0
2018 Q1 9,319 0 0 0.0
2017 Q4 10,962 2 0 182.4
2017 Q3 10,278 6 0 583.8
2017 Q2 11,717 0 0 0.0
2017 Q1 13,680 4 0 292.4
2016 Q4 8,370 0 0 0.0
2016 Q3 15,838 14 1 883.9
2016 Q2 14,959 2 1 133.7
2016 Q1 16,386 19 1 1159.5
2015 Q4 3,492 0 0 0.0
2015 Q3 16,885 1 0 59.2
2015 Q2 17,655 0 0 0.0
2015 Q1 13,579 23 2 1693.8
2014 Q4 10,008 8 0 799.4
2014 Q3 1,274 0 0 0.0
2009 Q4 7,354 0 0 0.0
2009 Q3 10,917 0 0 0.0
2009 Q2 17,632 1 1 56.7
2009 Q1 20,612 0 0 0.0
2008 Q4 16,479 13 5 788.9
2008 Q3 18,015 0 0 0.0
2008 Q2 17,844 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2017 · 1 incident

October 9, 2017 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Double Mountain Mining LLC · Struck against a moving object

Employee was driving articulator truck and the rough road caused injury to lower back. Employee did not want to go to the Dr. at this time.

2016 · 1 incident

June 3, 2016 KY · Coal utility man, shift tech, service/dump truck operator MACHINERY
Middlesboro Mining Operations, Inc. · Struck against a moving object

Employee was on bank reclaiming with excavator and the excavator became unbalanced tipping several times over the spoil, landing on it's side. Employee transferred to hospital by ambulance, then flown by helicopter to U.T. hospital.

2015 · 1 incident

April 29, 2015 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Middlesboro Mining Operations, Inc. · Struck against a moving object

Operator was pushing uphill on slope and noticed pain in upper part of back area. Went to Dr. for x-rays. Shows signs of spurs on spine, which was inflamed.

2008 · 1 incident

September 1, 2008 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Appolo Fuels Inc · Struck by falling object

Employee was changing drill bit and it fell on his foot.