Roof fall #4 intersection 160' inby spad#990 Ribs were sloughing bad were prutting up 8' rope bolts pizza pans.
Mine # 1: 181 MSHA citations Coal
Yellow Rose Coal, LLC
· Underground
Controlled by
Randall Fleming; Teresa Fleming
Cumberland,
Harlan County,
KY
·
Abandoned and Sealed
MSHA Mine ID: 1519430
Mine # 1 has $49K in proposed MSHA penalties and $0 outstanding across 25 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 4
- Years on record
- 2010–2012
- Latest incident
- Jun 2012
Compliance record
MSHA citations since 2010
181
citations
34
significant & substantial
$48,546
proposed penalties
$38,754
paid to date
80% of proposed penalties paid to date, a $9,792 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
29
inspections on record
1,700
inspection hours
10.6
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.181 citations across 1,700 inspection hours.
Source: MSHA inspections data, updated weekly.
Mine # 1 has $49K in proposed MSHA penalties and $0 outstanding across 25 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.$49K
proposed penalties
$39K
current assessed
$39K
paid to date
$0
outstanding
174 assessments are final orders; 25 contested dockets.
Of $37K in penalties contested before the Commission, $27K was upheld in final decisions.
As of the most recent assessment on 2012-06-01.
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.19.5%
significant & substantial
4.0%
high negligence or reckless
19.5%
reasonably likely or greater
12.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 9.2% low, 86.8% moderate, 3.4% 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.
65
citations taken to the federal commission · 36% of citations on record
- Settled 59 · 91%
- Stood as issued 5 · 8%
- Vacated or withdrawn 1 · 2%
73%
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 37 decided S&S contests · industry: 79%
28%
Penalty reduction in decided contests
$37K proposed, $27K 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 2012-12-27.
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 2012-1317 | Settlement | Lesnick | 2013 | $5K → $5K |
| KENT 2012-710 | Settlement | Bulluck | 2013 | $5K → $3K |
| KENT 2010-1471 | Settlement | Bulluck | 2014 | $4K → $2K |
| KENT 2013-169 | Settlement | Bulluck | 2013 | $4K → $3K |
| KENT 2012-1228 | Settlement | Bulluck | 2013 | $3K → $3K |
| KENT 2012-1318 | Settlement | Bulluck | 2013 | $3K → $2K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Mine # 1 shows 95% of 168 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: 2012-05-31, 14 years ago
ⓘ
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.95%
within 1.5 mg/m3
168
samples
4.03
dust max (mg/m3)
86 samples taken by MSHA inspectors, 82 by the operator.
Most-sampled occupations
- CONTINUOUS MINER OPERATOR72
- SHUTTLE CAR OPERATOR (STANDARD SIDE)11
- ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)10
Silica (quartz)
Last sampled: 2011-10-26, 14 years ago5.7
silica avg (%)
6
samples
6.7
silica max (%)
Most-sampled occupations
- CONTINUOUS MINER OPERATOR4
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: 2012-05-10, 14 years ago
ⓘ
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.6%
over PEL
36
samples
Most-sampled occupations
- SCOOP CAR OPERATOR5
- BELT MAN/CONVEYOR MAN4
- CONTINUOUS MINER OPERATOR4
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 | 91% | 35 |
| 2011 | 93% | 87 |
| 2010 | 100% | 46 |
Silica (quartz) by year
| Year | silica avg (%) | samples |
|---|---|---|
| 2011 | 5.3 | 4 |
| 2010 | 6.5 | 2 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2012 | 0% | 10 |
| 2011 | 7% | 14 |
| 2010 | 8% | 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 2011.
Injury rate, 2011
ⓘ
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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Kentucky, coal mining averaged 4.28 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.
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
- North Fork Coal Corporation 2009 to 2010
- Yellow Rose Coal, LLC 2010 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) |
|---|---|---|
| 2012 | 28 | 94,691 |
| 2011 | 29 | 236,473 |
| 2010 | 25 | 178,304 |
Source: MSHA quarterly employment and production, updated weekly.
Mine # 1 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 |
|---|---|---|---|---|
| 2012 Q2 | 12,082 | 35 | 9 | 2896.9 |
| 2012 Q1 | 16,211 | 27 | 5 | 1665.5 |
| 2011 Q4 | 16,786 | 14 | 4 | 834.0 |
| 2011 Q3 | 15,538 | 18 | 2 | 1158.5 |
| 2011 Q2 | 14,681 | 17 | 1 | 1158.0 |
| 2011 Q1 | 15,276 | 5 | 0 | 327.3 |
| 2010 Q4 | 13,396 | 11 | 2 | 821.1 |
| 2010 Q3 | 14,100 | 16 | 3 | 1134.8 |
Show 1 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2010 Q2 | 12,183 | 28 | 7 | 2298.3 |
No fatalities recorded at this mine.
Reportable incidents
4 on file2012 · 2 incidents
Yellow Rose Coal, LLC · Accident type, without injuries
March 19, 2012
KY · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
FALL OF ROOF OR BACK
Yellow Rose Coal, LLC · Struck by falling object
EE was roof bolting on 3/19/2012. A piece of rib fell and hit his left ankle. He did not want an ambulance and just went home. The next day on 3/20/2012 at 3:30PM he went to a clinic and was diagnosed with a broken ankle. Tough guy.
2011 · 1 incident
Yellow Rose Coal, LLC · Accident type, without injuries
Non-injury accident
2010 · 1 incident
Yellow Rose Coal, LLC · Struck by flying object
Employee was attempting to remove stuck bolt with a hammer. A piece of steel from the hammer chipped off and entered the employee's left thumb joint.