Mining Incidents

Mine #2: 950 MSHA citations Coal

Clark Mining, Inc · Underground
Controlled by Joshua Clark
Jenkins, Letcher County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519327

Mine #2 has $687K in proposed MSHA penalties and $595K outstanding across 53 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
2009–2015
Latest incident
Mar 2015
Compliance record
MSHA citations since 2008
950
citations
232
significant & substantial
$687,469
proposed penalties
$64,806
paid to date
9% of proposed penalties paid to date, a $622,663 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
130
inspections on record
7,063
inspection hours
13.5
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.
950 citations across 7,063 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.
2
Section 107(a) orders
Most recent order: 2012-08-09.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

Mine #2 has $687K in proposed MSHA penalties and $595K outstanding across 53 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.
$687K
proposed penalties
$660K
current assessed
$65K
paid to date
$595K
outstanding
927 assessments are final orders; 53 contested dockets.
Of $492K in penalties contested before the Commission, $465K was upheld in final decisions.
As of the most recent assessment on 2016-02-02.
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.
25.0%
significant & substantial
17.8%
high negligence or reckless
25.0%
reasonably likely or greater
12.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 9.6% low, 72.5% moderate, 17.5% high, 0.3% 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.
461 citations taken to the federal commission · 49% of citations on record
  • Settled 352 · 76%
  • Stood as issued 109 · 24%
97%
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 140 decided S&S contests · industry: 79%
6%
Penalty reduction in decided contests
$492K proposed, $465K 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 2014-09-03.
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 2014-0628 Default Lesnick 2015 $188K → $188K
KENT 2014-0571 Default Lesnick 2015 $141K → $141K
KENT 2014-163 Settlement Miller 2014 $19K → $14K
KENT 2013-793 Default Lesnick 2013 $13K → $13K
KENT 2013-963 Settlement Miller 2014 $12K → $10K
KENT 2013-1085 Settlement Miller 2014 $10K → $8K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine #2 shows 100% of 313 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: 2015-12-17, 10 years ago
100%
within 1.5 mg/m3
313
samples
1.66
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.
179 samples taken by MSHA inspectors, 134 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR125
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)32
  • SCOOP CAR OPERATOR21

Silica (quartz)

Last sampled: 2015-12-08, 10 years ago
9.8
silica avg (%)
20
samples
19.5
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: 2015-12-16, 10 years ago
3%
over PEL
70
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)8
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
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% 55
2014 100% 59
2013 100% 51
2012 98% 51
2011 100% 27
2009 100% 70
Silica (quartz) by year
Year silica avg (%) samples
2015 8.9 7
2014 19.5 1
2013 7.3 2
2012 11.1 2
2011 5.2 2
2009 11.3 6
Noise by year
Year over PEL samples
2015 0% 10
2014 0% 8
2013 0% 6
2012 0% 23
2011 14% 7
2009 6% 16
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine #2 recorded 0.00 reportable injury cases per 100 full-time workers in 2014.

Injury rate, 2014
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 3.96 and the all-US-mining average was 2.93 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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
2014 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 5.21 5.21 0.000
2011 * 18.18 9.09 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. Premier Elkhorn Coal Company 2008 to 2010
  2. R & R Mining Inc 2008 to 2010
  3. Clark Mining, Inc 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)
2015 16 35,398
2014 17 44,558
2013 23 72,512
2012 19 62,563
2011 13 52,886
2010 8 2,423
2009 22 81,290
2008 18 10,446
Source: MSHA quarterly employment and production, updated weekly.

Mine #2 sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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
2015 Q3 6,872 29 7 4220.0
2015 Q2 9,984 65 15 6510.4
2015 Q1 9,328 30 4 3216.1
2014 Q4 9,488 36 2 3794.3
2014 Q3 10,128 10 4 987.4
2014 Q2 9,984 37 10 3705.9
2014 Q1 7,860 40 15 5089.1
2013 Q4 9,418 50 13 5309.0
Show 16 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q3 14,022 45 10 3209.2
2013 Q2 14,300 57 11 3986.0
2013 Q1 13,428 30 8 2234.1
2012 Q4 12,167 66 13 5424.5
2012 Q3 6,276 41 11 6532.8
2012 Q2 10,080 69 16 6845.2
2012 Q1 9,888 43 15 4348.7
2011 Q4 6,066 30 6 4945.6
2011 Q3 4,582 44 11 9602.8
2011 Q2 5,982 42 13 7021.1
2011 Q1 5,371 25 6 4654.6
2010 Q4 2,112 10 3 4734.8
2009 Q3 12,451 17 3 1365.4
2009 Q2 12,234 11 2 899.1
2009 Q1 11,115 19 3 1709.4
2008 Q4 19,134 5 2 261.3
No fatalities recorded at this mine.

Reportable incidents

12 on file

2015 · 1 incident

March 9, 2015 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Clark Mining, Inc · Caught in, under or between a moving and a stationary object

Belt boss taking out top roller of belt . Dropped caught finger between belt rail and top structure cut end of middle. Went to hospital got 17 stitches.

2014 · 1 incident

July 14, 2014 KY · Coal FALL OF ROOF OR BACK
Clark Mining, Inc · Accident type, without injuries

Roof fall on belt line 8 breaks outby #4 drive. No injuries. Fell between shifts in intersection and 1/2 through crosscuts.

2012 · 1 incident

September 10, 2012 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Clark Mining, Inc · Struck by falling object

Roof bolting left break when piece of draw rock fell hitting employee on right hand. Went to ER cleaned & sutured hand. Had to have surgery at a later date to repair tendon on hand.

2011 · 2 incidents

December 10, 2011 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Clark Mining, Inc · Caught in, under or between a moving and a stationary object

Shoveling tail piece while belt was running. Belt caught shovel and pinched finger against tail piece. Mashed end of finger.

July 19, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Clark Mining, Inc · Caught in, under or between (Not Elsewhere Classified)

Caught finger between steel and chuck of bolter head cutting finger. Went to ER, finger was cleaned and sutured.

2010 · 5 incidents

October 27, 2010 KY · Coal FALL OF ROOF OR BACK
Premier Elkhorn Coal Company · Accident type, without injuries

At 9:50 AM on 10/27/10, an unintentional roof fall was discovered during a pre-shift examination while an MSHA inspection was on-going. The fall occurred at Spad #165 on the belt. It measured approximately 25' L x 20' W x 6' H.

October 21, 2010 KY · Coal FALL OF ROOF OR BACK
Premier Elkhorn Coal Company · Accident type, without injuries

An unintentional roof fall was discovered during an MSHA inspection. (This was the second of three roof falls originally reported on 10/22/10). The fall occurred between #4 and #5 entries at Spad #111, measuring approximately 6' H x 20' W x 60'L.

October 21, 2010 KY · Coal FALL OF ROOF OR BACK
Premier Elkhorn Coal Company · Accident type, without injuries

Three unintentional roof falls were discovered during an MSHA inspection. The first occurred at the #5 entry at spad #83 (measuring approximately 6' H x 20' W x 50'L).

October 21, 2010 KY · Coal FALL OF ROOF OR BACK
Premier Elkhorn Coal Company · Accident type, without injuries

An unintentional roof fall was discovered during an MSHA inspection. (This was the third of three falls originally reported on 10/22/2010). It occurred at the #3 entry between blocks outby Spad #122, measuring 6' H x 20' W x 40'L).

October 13, 2010 KY · Coal FALL OF ROOF OR BACK
Premier Elkhorn Coal Company · Accident type, without injuries

An unintentional roof fall was discovered during a pre-shift examination. The fall occurred at the #2 Entry of the Return, 1 break outby Spad #138. It measured approximately 6 -7 feet high, 20 feet wide, and 40 feet long.

2009 · 2 incidents

June 5, 2009 KY · Coal FALL OF ROOF OR BACK
R & R Mining Inc · Accident type, without injuries

Roof Fall: Outby spad 144 30' long, 19' wide & 4-5' thick. Ventilation not blocked. Primary escapeway blocked.

June 4, 2009 KY · Coal FALL OF ROOF OR BACK
R & R Mining Inc · Accident type, without injuries

Roof fall, 60' over to right of spad 130, #8 entry intake. 50' long X 19.5' wide X 5-6' thick. No passage way blocked, no vent change, no escape routes blocked.