Mining Incidents

Mine # 1: 731 MSHA citations Coal

Lester And Sons Inc. · Underground
Controlled by Troy L Lester
Fedscreek, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518626

Mine # 1 has $192K in proposed MSHA penalties and $92K outstanding across 38 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2003–2013
Latest incident
Aug 2013
Compliance record
MSHA citations since 2003
731
citations
153
significant & substantial
$191,553
proposed penalties
$84,409
paid to date
44% of proposed penalties paid to date, a $107,144 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
153
inspections on record
9,537
inspection hours
7.7
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.
731 citations across 9,537 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2016-03-01.
On record since 2016.
Source: MSHA imminent-danger order records, updated weekly.

Mine # 1 has $192K in proposed MSHA penalties and $92K outstanding across 38 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.
$192K
proposed penalties
$176K
current assessed
$84K
paid to date
$92K
outstanding
708 assessments are final orders; 38 contested dockets.
Of $61K in penalties contested before the Commission, $46K was upheld in final decisions.
As of the most recent assessment on 2018-07-30.
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.
21.6%
significant & substantial
4.7%
high negligence or reckless
21.7%
reasonably likely or greater
9.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.4% none, 13.1% low, 81.8% moderate, 4.7% 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.
120 citations taken to the federal commission · 16% of citations on record
  • Settled 114 · 95%
  • Stood as issued 6 · 5%
88%
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 56 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$61K proposed, $46K 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 2013-11-26.
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 2012-709 Settlement Lesnick 2013 $11K → $8K
KENT 2011-121 Settlement Andrews 2012 $6K → $6K
KENT 2014-82 Settlement Miller 2014 $5K → $4K
KENT 2012-867 Settlement Lesnick 2014 $4K → $3K
KENT 2013-1081 Settlement Miller 2014 $4K → $3K
KENT 2011-281 Settlement Lesnick 2011 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine # 1 shows 97% of 884 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: 2018-02-14, 8 years ago
97%
within 1.5 mg/m3
884
samples
5.18
dust max (mg/m3)
1
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.
435 samples taken by MSHA inspectors, 449 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR363
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)114
  • SCOOP CAR OPERATOR68

Silica (quartz)

Last sampled: 2018-01-29, 8 years ago
6.3
silica avg (%)
76
samples
20.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR31
  • CUTTING MACHINE OPERATOR6
  • SCOOP CAR 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: 2018-01-19, 8 years ago
5%
over PEL
100
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)25
  • SCOOP CAR OPERATOR17
  • 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
2018 100% 11
2017 100% 28
2016 97% 64
2015 83% 6
2014 100% 8
2013 100% 19
2012 100% 70
2011 99% 75
2010 91% 82
2009 96% 74
2008 94% 70
2007 98% 62
2006 100% 68
2005 99% 75
2004 99% 91
2003 89% 81
Silica (quartz) by year
Year silica avg (%) samples
2018 5.2 3
2017 1.8 4
2016 2.7 5
2015 4.4 1
2014 1.6 1
2012 6.8 5
2011 5.8 4
2010 8.7 6
2009 3.3 1
2008 6.0 13
2007 7.4 6
2006 8.1 10
2005 4.0 6
2004 4.7 3
2003 10.1 8
Noise by year
Year over PEL samples
2018 0% 5
2016 0% 14
2014 0% 6
2012 0% 7
2011 0% 6
2010 38% 8
2009 0% 11
2008 0% 7
2007 13% 8
2006 17% 6
2004 0% 10
2003 0% 12
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine # 1 recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 0.00 0.00 0.000
2005 * 2.11 2.11 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. Hubble Mining Company, LLC 2003 to 2014
  2. Black Ridge Mining Inc. 2014 to 2015
  3. Inspiration Resources Inc. 2015 to 2018
  4. Lester And Sons Inc. 2018 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)
2018 7 4,363
2017 7 12,958
2016 14 51,764
2015 4 2,700
2014 4 1,503
2013 8 24,715
2012 29 164,379
2011 32 232,050
2010 30 237,061
2009 25 230,543
2008 32 290,731
2007 43 366,869
2006 49 387,412
2005 49 471,635
2004 46 377,356
2003 40 170,691
Source: MSHA quarterly employment and production, updated weekly.

Mine # 1 sits in Pike County, Kentucky, where the Census mining category is 5.1% 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.
Pike County, Kentucky · Population 57,466
5.1%
Mining share of county employment
$42,179
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
2018 Q1 1,719 26 3 15125.1
2017 Q4 3,640 37 1 10164.8
2017 Q3 4,800 0 0 0.0
2017 Q2 0 1 0
2017 Q1 11,200 11 1 982.1
2016 Q4 3,360 23 1 6845.2
2016 Q3 6,720 47 8 6994.0
2016 Q2 3,360 40 5 11904.8
Show 52 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q1 6,308 31 5 4914.4
2015 Q4 480 1 0 2083.3
2015 Q3 160 0 0 0.0
2015 Q2 135 1 0 7407.4
2015 Q1 1,833 9 3 4910.0
2014 Q4 2,000 23 5 11500.0
2014 Q3 240 8 0 33333.3
2014 Q2 361 0 0 0.0
2014 Q1 235 0 0 0.0
2013 Q4 520 0 0 0.0
2013 Q3 7,232 30 6 4148.2
2013 Q2 10,749 2 0 186.1
2013 Q1 480 0 0 0.0
2012 Q4 5,714 7 1 1225.1
2012 Q3 15,330 16 3 1043.7
2012 Q2 21,710 20 3 921.2
2012 Q1 20,606 35 10 1698.5
2011 Q4 17,632 6 1 340.3
2011 Q3 17,959 3 0 167.0
2011 Q2 19,444 5 0 257.1
2011 Q1 18,792 7 2 372.5
2010 Q4 17,320 16 2 923.8
2010 Q3 18,059 43 6 2381.1
2010 Q2 19,796 23 1 1161.9
2010 Q1 17,790 13 4 730.7
2009 Q4 17,634 19 3 1077.5
2009 Q3 14,927 8 2 535.9
2009 Q2 14,119 10 6 708.3
2009 Q1 13,871 14 4 1009.3
2008 Q4 17,569 7 0 398.4
2008 Q3 14,399 2 0 138.9
2008 Q2 21,290 5 2 234.9
2008 Q1 21,633 3 3 138.7
2007 Q4 21,526 4 1 185.8
2007 Q3 18,970 8 4 421.7
2007 Q2 20,454 6 2 293.3
2007 Q1 21,634 10 2 462.2
2006 Q4 23,872 10 3 418.9
2006 Q3 22,690 6 2 264.4
2006 Q2 24,446 10 7 409.1
2006 Q1 24,311 14 6 575.9
2005 Q4 22,031 5 3 227.0
2005 Q3 24,663 4 1 162.2
2005 Q2 24,800 6 2 241.9
2005 Q1 23,102 12 3 519.4
2004 Q4 23,269 9 3 386.8
2004 Q3 24,099 5 1 207.5
2004 Q2 24,298 7 3 288.1
2004 Q1 20,855 11 3 527.5
2003 Q4 22,603 16 4 707.9
2003 Q3 18,469 6 2 324.9
2003 Q2 13,589 7 4 515.1
No fatalities recorded at this mine.

Reportable incidents

5 on file

2013 · 1 incident

August 29, 2013 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider FALL OF ROOF OR BACK
Hubble Mining Company, LLC · Struck by falling object

Riding 4-wheel buggy to surface, a small piece of draw rock fell from roof, 1/4" to 1/2" thick , 6" by 6" wide. The sharp edge hit him above left eye, making a cut that required 4 stitches.

2005 · 1 incident

April 30, 2005 KY · Coal electrician, lineman ELECTRICAL
Hubble Mining Company, LLC · Flash burns (electric)

When putting breaker in breaker and or tecepticle creating burns to hands and face flashed.

2004 · 2 incidents

October 16, 2004 KY · Coal electrician, lineman POWERED HAULAGE
Hubble Mining Company, LLC · Struck by powered moving object

RIGHT LEG WAS CRUSHED WHEN 3 WHEELER ROOLED, PINNING LEG BETWEEN SHUTTLE CAR AND 3 WHEELER, ATTEMPTING TO GET CAN OF OIL OFF 3 WHEELER WHEN HAND SLIPPED ON FOOT PEDAL. WENT TO DOCTOR, GOT STITCHES, RETURNED TO WORK ON REGULAR SCHEDULE.

2003 · 1 incident

June 3, 2003 KY · Coal

MINER BACKING OUT OF FACE - MINER HELPER HIT BY BOOM OF MINER ON RIGHT LEG AND HIP AREA. EMT CHECKED, TAKEN TO PIKEVILLE METHODIST HOSPITAL BY AMBULANCE. ABLE TO MOVE ALL PARTS OF BODY - SORE- WANTED AN AMBULANCE - SEEN BY ER DOCTOR, SENT HOME.