Mining Incidents

Mine #1: 1 recorded fatality Coal

J & S Coal, LLC · Underground
Harold, Floyd County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519835

Mine #1 has $31K in proposed MSHA penalties and $22K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
3
Years on record
2019–2024
Latest incident
Jan 2024
Compliance record
MSHA citations since 2018
125
citations
28
significant & substantial
$31,167
proposed penalties
$8,745
paid to date
28% of proposed penalties paid to date, a $22,422 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2018
46
inspections on record
2,808
inspection hours
4.5
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.
125 citations across 2,808 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine #1 has $31K in proposed MSHA penalties and $22K outstanding across 2 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.
$31K
proposed penalties
$31K
current assessed
$9K
paid to date
$22K
outstanding
120 assessments are final orders; 2 contested dockets.
Of $1K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2024-01-31.
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.
23.3%
significant & substantial
4.2%
high negligence or reckless
23.3%
reasonably likely or greater
20.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.2% low, 91.7% moderate, 4.2% 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.
8 citations taken to the federal commission · 6% of citations on record
  • Settled 8 · 100%
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 4 decided S&S contests · industry: 79%
3%
Penalty reduction in decided contests
$1K proposed, $1K 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 2024-04-14.
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 2024-0052 Settlement Paez 2024 $975 → $929
KENT 2024-0108 Settlement Paez 2024 $475 → $475
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine #1 shows 100% of 384 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: 2024-02-20
100%
within 1.5 mg/m3
384
samples
3.17
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.
80 samples taken by MSHA inspectors, 304 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR173
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)120
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)22

Silica (quartz)

Last sampled: 2024-01-24
3.6
silica avg (%)
20
samples
7.4
silica max (%)
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)9
  • 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: 2024-01-26
5%
over PEL
59
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)21
  • CONTINUOUS MINER OPERATOR10
  • SCOOP CAR OPERATOR10
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
2024 100% 29
2023 98% 60
2022 100% 145
2021 100% 7
2019 100% 143
Silica (quartz) by year
Year silica avg (%) samples
2024 3.1 3
2023 3.7 5
2022 3.3 9
2021 3.9 2
2019 7.4 1
Noise by year
Year over PEL samples
2024 0% 6
2023 10% 10
2022 4% 23
2021 0% 5
2019 7% 15
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 2022.

Injury rate, 2022
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 3.26 and the all-US-mining average was 2.12 cases per 100 workers.
In Kentucky, coal mining averaged 4.58 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
2022 * 0.00 0.00 0.000
2019 * 9.16 9.16 4.581
* 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. DYING EMBER COAL LLC 2018 to 2018
  2. Calvary Enterprises, LLC 2018 to 2021
  3. Tereco Coal, LLC 2021 to 2022
  4. DYING EMBER COAL, LLC 2022 to 2023
  5. Tahiti Energy, Inc. 2023 to 2023
  6. J & S Coal, LLC 2023 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)
2024 13 12,736
2023 7 33,642
2022 16 70,715
2021 12 5,144
2020 0
2019 25 88,039
Source: MSHA quarterly employment and production, updated weekly.

Mine #1 sits in Floyd County, Kentucky, where the Census mining category is 4.4% 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.
Floyd County, Kentucky · Population 35,342
4.4%
Mining share of county employment
$41,582
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
2024 Q1 6,399 4 2 625.1
2023 Q4 8,035 10 3 1244.6
2023 Q3 5,259 6 0 1140.9
2023 Q2 0 0 0
2023 Q1 0 10 0
2022 Q4 9,647 11 3 1140.3
2022 Q3 8,286 4 1 482.7
2022 Q2 7,597 8 0 1053.0
Show 7 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2022 Q1 6,924 4 0 577.7
2021 Q4 2,441 4 0 1638.7
2020 Q1 0 3 1
2019 Q4 8,730 17 6 1947.3
2019 Q3 13,484 12 1 889.9
2019 Q2 10,485 7 1 667.6
2019 Q1 10,955 10 2 912.8

Fatalities at this mine

1 recorded

Reportable incidents

2 on file (excluding fatalities above)

2024 · 1 incident

January 5, 2024 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
J & S Coal, LLC · Over-exertion (Not Elsewhere Classified)

Employee was making a belt splice using a hammer when EE felt pain in EE's left shoulder. Employee went to Pikeville Medical Center to the Emergency Room but then continued to work until 01/15/2024 when EE went for a follow-up appointment and at the time the doctor took EE off work.

2019 · 1 incident

October 16, 2019 KY · Coal mine manager, mine foreman, mine owner HANDLING OF MATERIALS
Calvary Enterprises, LLC · Struck by falling object

While setting the feeder, EE was putting a crib block under feeder when one of the blocks crushed out letting the feeder set down on EE's hand.