Mining Incidents

Mine #15a: 182 MSHA citations Coal

Controlled by Mark LaVerghetta
Kimper, Pike County, KY  ·  Temporarily Idled
MSHA Mine ID: 1519048

Mine #15a has $48K in proposed MSHA penalties and $0 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2008–2011
Latest incident
Jun 2011
Compliance record
MSHA citations since 2008
182
citations
54
significant & substantial
$47,998
proposed penalties
$41,732
paid to date
87% of proposed penalties paid to date, a $6,266 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
88
inspections on record
2,429
inspection hours
7.5
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.
182 citations across 2,429 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine #15a has $48K in proposed MSHA penalties and $0 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.
$48K
proposed penalties
$42K
current assessed
$42K
paid to date
$0
outstanding
174 assessments are final orders; 5 contested dockets.
Of $24K in penalties contested before the Commission, $18K was upheld in final decisions.
As of the most recent assessment on 2016-06-27.
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.
31.0%
significant & substantial
5.7%
high negligence or reckless
31.0%
reasonably likely or greater
26.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.6% none, 24.1% low, 69.5% moderate, 5.7% 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.
21 citations taken to the federal commission · 12% of citations on record
  • Settled 21 · 100%
95%
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 21 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$24K proposed, $18K 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 2012-07-30.
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 2011-523 Settlement Melick 2012 $11K → $9K
KENT 2012-228 Settlement Rae 2012 $8K → $5K
KENT 2011-1449 Settlement Feldman 2012 $3K → $2K
KENT 2011-524 Settlement Feldman 2011 $2K → $1K
KENT 2012-1385 Settlement Rae 2013 $946 → $190
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine #15a shows 93% of 192 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: 2015-09-25, 10 years ago
93%
within 1.5 mg/m3
192
samples
7.14
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.
80 samples taken by MSHA inspectors, 112 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR106
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)18
  • SCOOP CAR OPERATOR10

Silica (quartz)

Last sampled: 2011-10-13, 14 years ago
5.8
silica avg (%)
10
samples
7.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR8

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: 2011-12-14, 14 years ago
9%
over PEL
33
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
  • CONTINUOUS MINER OPERATOR6
  • SCOOP CAR OPERATOR5
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
2015 100% 6
2012 100% 15
2011 93% 81
2010 100% 6
2009 94% 31
2008 90% 48
2006 100% 5
Silica (quartz) by year
Year silica avg (%) samples
2011 5.6 3
2009 4.0 1
2008 6.1 6
Noise by year
Year over PEL samples
2011 5% 20
2009 17% 6
2008 14% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine #15a recorded 2.96 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.
2.96
total case rate
2.96
days-away rate
0.000
fatality rate
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
  1. McCoy Elkhorn Coal Corp 2006 to 2014
  2. Blair Coal Co Inc 2008 to 2010
  3. McCoy Elkhorn Coal Co. 2014 to 2015
  4. Jarisa Inc. 2015 to 2016
  5. McCoy Elkhorn Coal LLC 2016 to 2023
  6. Management Consulting Services 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 0
2023 0
2022 0
2021 0
2020 0
2019 0
2017 0
2016 2
2015 23 2,000
2014 0
2013 0
2012 8 27,757
2011 29 113,906
2010 9 14,467
2009 7 16,360
2008 10 41,903
2007 0
2006 2 2,476
Source: MSHA quarterly employment and production, updated weekly.

Mine #15a 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
2024 Q2 0 0 0
2023 Q3 0 0 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 0 0 0
Show 46 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q3 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 716 0 0 0.0
2016 Q2 1,044 2 0 1915.7
2016 Q1 1,009 2 0 1982.2
2015 Q4 4,091 2 0 488.9
2015 Q3 4,209 7 2 1663.1
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 2 0
2013 Q4 0 0 0
2013 Q3 0 1 0
2013 Q2 0 1 0
2013 Q1 0 1 0
2012 Q4 0 3 0
2012 Q3 0 0 0
2012 Q2 0 3 0
2012 Q1 18,979 12 3 632.3
2011 Q4 18,701 10 4 534.7
2011 Q3 18,353 23 11 1253.2
2011 Q2 16,166 42 10 2598.0
2011 Q1 14,257 9 1 631.3
2010 Q4 15,483 11 6 710.5
2010 Q2 0 0 0
2010 Q1 0 0 0
2009 Q4 0 0 0
2009 Q3 0 1 0
2009 Q2 3,361 6 0 1785.2
2009 Q1 5,694 17 6 2985.6
2008 Q4 4,547 7 1 1539.5
2008 Q3 4,242 5 3 1178.7
2008 Q2 5,069 5 3 986.4
2008 Q1 3,948 10 4 2532.9
2007 Q4 0 0 0
2007 Q3 0 0 0
2007 Q2 0 0 0
2007 Q1 0 0 0
2006 Q4 1,900 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2011 · 1 incident

June 6, 2011 KY · Coal examiner, fire boss, pre-shift examiner, mine examiner SLIP OR FALL OF PERSON
McCoy Elkhorn Coal Corp · Fall onto or against objects

EE was loading rock dust into a rock duster and fell and struck his right shoulder on the rock duster. X-rays were negative.

2009 · 1 incident

January 10, 2009 KY · Coal FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Blair Coal Co Inc · Accident type, without injuries

A portion of the highwall over the No. 3 portal collapsed blocking the portal for travel. MSHA was notified and MSHA AR investigated and issued a Control Order on this date, Order #7445386.

2008 · 1 incident

December 31, 2008 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Blair Coal Co Inc · Struck by powered moving object

EE got off Damascus Scooter, failed to set brake, scooter rolled back and came in contact with left ankle.