Mining Incidents

Mine #25: 249 MSHA citations Coal

McCoy Elkhorn Coal Corp. · Underground
Controlled by James River Coal Company
Meta, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1515138

Mine #25 has $94K in proposed MSHA penalties and $60 outstanding across 10 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
2006–2008
Latest incident
May 2008
Compliance record
MSHA citations since 2005
249
citations
76
significant & substantial
$94,027
proposed penalties
$80,504
paid to date
86% of proposed penalties paid to date, a $13,523 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
45
inspections on record
2,669
inspection hours
9.3
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.
249 citations across 2,669 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine #25 has $94K in proposed MSHA penalties and $60 outstanding across 10 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.
$94K
proposed penalties
$81K
current assessed
$81K
paid to date
$60
outstanding
242 assessments are final orders; 10 contested dockets.
Of $60K in penalties contested before the Commission, $47K was upheld in final decisions.
As of the most recent assessment on 2008-11-26.
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.
31.3%
significant & substantial
0.8%
high negligence or reckless
32.1%
reasonably likely or greater
11.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 19.8% low, 79.4% moderate, 0.8% 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.
33 citations taken to the federal commission · 13% of citations on record
  • Settled 25 · 76%
  • Stood as issued 8 · 24%
93%
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 30 decided S&S contests · industry: 79%
22%
Penalty reduction in decided contests
$60K proposed, $47K 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 2009-02-13.
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 2009-712 Settlement Barbour 2011 $39K → $27K
KENT 2008-1396 Default Lesnick 2010 $8K → $8K
KENT 2008-978 Settlement Feldman 2010 $3K → $3K
KENT 2008-1398 Settlement Lesnick 2009 $3K → $2K
KENT 2008-266 Settlement Zielinski 2008 $2K → $1K
KENT 2008-833 Settlement Lesnick 2009 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine #25 shows 96% of 383 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: 2008-10-09, 17 years ago
96%
within 1.5 mg/m3
383
samples
4.62
dust max (mg/m3)
184 samples taken by MSHA inspectors, 199 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR214
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)57
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)22

Silica (quartz)

Last sampled: 2008-05-30, 18 years ago
5.5
silica avg (%)
28
samples
7.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR22

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: 2008-10-14, 17 years ago
6%
over PEL
53
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)16
  • CONTINUOUS MINER OPERATOR8
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)7
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
2008 95% 91
2007 94% 117
2006 96% 114
2005 98% 61
Silica (quartz) by year
Year silica avg (%) samples
2008 6.3 7
2007 5.8 12
2006 4.5 7
2005 4.9 2
Noise by year
Year over PEL samples
2008 10% 21
2007 13% 8
2006 0% 7
2005 0% 17
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine #25 recorded 2.28 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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.
2.28
total case rate
2.28
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In Kentucky, coal mining averaged 4.87 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
2008 * 2.28 2.28 0.000
2007 7.27 3.63 0.000
2006 3.59 1.79 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. Mayflower Coal Company Inc 1985 to 1990
  2. Hickory Hill Development Corp 1990 to 1990
  3. Joe'S Creek Mining Company Inc 1990 to 2005
  4. McCoy Elkhorn Coal Corp. 2005 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)
2008 35 206,946
2007 47 334,348
2006 45 429,107
2005 23 170,671
Source: MSHA quarterly employment and production, updated weekly.

Mine #25 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
2008 Q4 15,632 16 4 1023.5
2008 Q3 20,200 10 2 495.0
2008 Q2 26,533 54 19 2035.2
2008 Q1 25,342 29 10 1144.3
2007 Q4 25,875 28 10 1082.1
2007 Q3 27,170 16 3 588.9
2007 Q2 27,685 12 2 433.4
2007 Q1 29,325 9 3 306.9
Show 7 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q4 27,580 10 4 362.6
2006 Q3 26,932 9 3 334.2
2006 Q2 27,975 12 5 429.0
2006 Q1 29,064 9 4 309.7
2005 Q4 22,379 19 3 849.0
2005 Q3 16,463 5 1 303.7
2005 Q2 2,025 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

12 on file

2008 · 4 incidents

May 21, 2008 KY · Coal FALL OF ROOF OR BACK
McCoy Elkhorn Coal Corp. · Accident type, without injuries

A roof fall occurred in the #1 entry return 2 breaks outby survey station # 935. The fall was aproximately 10' thick x 18' wide x 70' long. While investigating the roof fall, a second fall was discovered 60' inby survey station # 911. This fall was approximately 8' thick x 18' wide x 90' long. Both roof falls were aproximately 2000' from the working section.

March 23, 2008 KY · Coal FALL OF ROOF OR BACK
McCoy Elkhorn Coal Corp. · Accident type, without injuries

During a pre-shift examinaion, Examiner found a roof fall in the #7 heading of the active 003 mmu. The fall was approximately 120' inby survey station number 1000. Fall measured 20' long x 18' wide x 0' to 8' in height. Fall was found at 10:45 pm and reported to MSHA at 10:58 pm.

March 13, 2008 KY · Coal FALL OF ROOF OR BACK
McCoy Elkhorn Coal Corp. · Accident type, without injuries

A roof fall occurred in the #5 entry three breaks inby survey station no. 932. The fall is approximately 800 ft. from the working section and measures approximately 90 ft. long, 20 ft. wide, and 0 to 8 ft. in height. Fall was discovered at 5:22 am and MSHA was notified immediately.

February 15, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
McCoy Elkhorn Coal Corp. · Struck by rolling or sliding object

EE was setting the ATRS on the roof bolter when a coal rib rolled and struck his right leg, trapping it against the roof bolter. This occurred in the right crosscut in the #6 entry of the 003-0 mmu. Rib roll measured approximately 10' long x 2.5' high x 10" thick. The result was a fracture to the lower right leg.

2007 · 5 incidents

October 11, 2007 KY · Coal welder (shop) HANDLING OF MATERIALS
McCoy Elkhorn Coal Corp. · Struck against stationary object

EE as loading tools into his truck and struck his left ankle on the trailor hitch of another vehicle in the parking lot.

May 29, 2007 KY · Coal electrician, lineman MACHINERY
McCoy Elkhorn Coal Corp. · Struck by powered moving object

EE WAS TRAMMING THE CONTINUOUS MINER. HE HAD STOPPED THE MINER TO MOVE A SECTION OF CABLE, AND WHEN HE REACHED FOR IT HIS FOOT SLIPPED , CAUSING HIM TO ACCIDENTALLY HIT THE TRAM LEVER. THIS RESULTED IN THE MINER MOVING SUDDENLY, WITH THE BOOM STRIKING HIM ON THE LEFT SIDE OF THE BODY.

May 21, 2007 KY · Coal FALL OF ROOF OR BACK
McCoy Elkhorn Coal Corp. · Accident type, without injuries

A roof fall occurred at approximately 6:05 a.m. 2 breaks outby survey station no. 653 in the #6 entry. Fall is approximately 35' long, 18' wide, and 12' to 14' thick.

May 4, 2007 KY · Coal electrician, lineman HANDTOOLS (NONPOWERED)
McCoy Elkhorn Coal Corp. · Struck against stationary object

EE was tightening lug bolts on roof bolter tire, when socket slipped off nut, causing his thumb to strike corner of crib block that had been used to do repairs.

April 14, 2007 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
McCoy Elkhorn Coal Corp. · Struck by powered moving object

Employee was tramming scoop by two co-workers when the plastic stop on the center section was sticking out beyond scoop deck and struck victims's right knee.

2006 · 3 incidents

September 6, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
McCoy Elkhorn Coal Corp. · Caught in, under or between a moving and a stationary object

While working on a forklift, EE took transmission out of gear and bumped started to make sure it was out of gear, employee started forklift when it turned to move to back of forklift, & it started rolling. It started rolling-hit employee knocked him down and ran over both legs, breaking ankle.

January 26, 2006 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
McCoy Elkhorn Coal Corp. · Struck against a moving object

EE was tramming a scoop in the #6 entry, 3 breaks outby the section, and ran over a crib block causing him to be jolted in the operator's compartment, striking his head over the underside of the scoop canopy causing injury to his neck and back.

January 19, 2006 KY · Coal electrician, lineman SLIP OR FALL OF PERSON
McCoy Elkhorn Coal Corp. · Fall to the walkway or working surface

EE was servicing a continous miner in the #2 entry of the 002-0 mmu. He was walking around the front of the continuous miner and slipped on loose coal, fell, causing injury to left knee.