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Mine #26: 293 MSHA citations Coal

McCoy Elkhorn Coal Corp · Underground
Controlled by James River Coal Company
Kimper, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1516036

Mine #26 has $77K in proposed MSHA penalties and $8K outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
22
Years on record
1989–2006
Latest incident
Oct 2006
Compliance record
MSHA citations since 2000
293
citations
153
significant & substantial
$76,976
proposed penalties
$66,278
paid to date
86% of proposed penalties paid to date, a $10,698 gap.
Source: MSHA violations data, updated weekly.
See McCoy Elkhorn Coal Corp's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
111
inspections on record
3,077
inspection hours
9.5
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.
293 citations across 3,077 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine #26 has $77K in proposed MSHA penalties and $8K outstanding across 1 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.
$77K
proposed penalties
$74K
current assessed
$66K
paid to date
$8K
outstanding
288 assessments are final orders; 1 contested dockets.
Of $44K in penalties contested before the Commission, $41K was upheld in final decisions.
As of the most recent assessment on 2006-11-09.
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.
53.1%
significant & substantial
1.7%
high negligence or reckless
53.1%
reasonably likely or greater
6.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 14.9% low, 83.3% moderate, 1.7% 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.
3 citations taken to the federal commission · 1% of citations on record
  • Settled 3 · 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 3 decided S&S contests · industry: 79%
7%
Penalty reduction in decided contests
$44K proposed, $41K 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 2007-03-14.
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 2007-194 Settlement Melick 2008 $44K → $41K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine #26 shows 91% of 487 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: 2006-11-13, 19 years ago
91%
within 1.5 mg/m3
487
samples
5.77
dust max (mg/m3)
236 samples taken by MSHA inspectors, 251 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR233
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)60
  • SCOOP CAR OPERATOR33

Silica (quartz)

Last sampled: 2006-10-13, 19 years ago
5.2
silica avg (%)
36
samples
14.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR20
See US coal mines ranked by silica in their dust samples.

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: 2006-11-01, 19 years ago
3%
over PEL
38
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)10
  • CONTINUOUS MINER OPERATOR7
  • SCOOP CAR OPERATOR7
See US mines ranked by noise samples over the legal limit.
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
2006 97% 64
2005 97% 87
2004 84% 44
2003 84% 63
2002 96% 67
2001 95% 76
2000 83% 86
Silica (quartz) by year
Year silica avg (%) samples
2006 4.5 3
2005 5.3 8
2004 4.5 2
2003 3.5 4
2002 5.7 4
2001 6.0 8
2000 5.4 7
Noise by year
Year over PEL samples
2006 0% 12
2005 0% 5
2004 0% 5
2002 0% 5
2001 9% 11
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine #26 recorded 17.77 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
ⓘ 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.
17.77
total case rate
8.88
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.87 and the all-US-mining average was 3.91 cases per 100 workers.
In Kentucky, coal mining averaged 5.96 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
2006 * 17.77 8.88 0.000
2005 * 3.45 0.00 0.000
2003 * 9.58 9.58 0.000
2002 * 19.29 19.29 0.000
2001 * 0.00 0.00 0.000
2000 * 5.62 5.62 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. Desparado Fuels Inc 1987 to 1989
  2. Laurel Ridge Coal Company Inc 1989 to 1991
  3. Johns Creek Coal Company 1991 to 1992
  4. Mc Coy Elkhorn Coal Corp 1992 to 1999
  5. Fools Gold Energy Corp 1999 to 2004
  6. McCoy Elkhorn Coal Corp 2004 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)
2007 0
2006 29 167,398
2005 24 164,557
2004 19 63,373
2003 27 179,198
2002 26 196,695
2001 30 205,650
2000 29 211,333
Source: MSHA quarterly employment and production, updated weekly.

Mine #26 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
2007 Q2 0 0 0
2007 Q1 0 0 0
2006 Q4 14,708 12 6 815.9
2006 Q3 15,806 9 5 569.4
2006 Q2 18,197 16 11 879.3
2006 Q1 18,831 5 4 265.5
2005 Q4 18,082 7 3 387.1
2005 Q3 16,494 8 4 485.0
Show 21 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2005 Q2 14,457 14 8 968.4
2005 Q1 8,997 9 5 1000.3
2004 Q4 2,874 3 1 1043.8
2004 Q3 4,745 0 0 0.0
2004 Q1 15,831 9 1 568.5
2003 Q4 15,552 8 2 514.4
2003 Q3 15,804 9 4 569.5
2003 Q2 16,479 12 9 728.2
2003 Q1 14,800 7 3 473.0
2002 Q4 15,792 9 4 569.9
2002 Q3 14,718 5 1 339.7
2002 Q2 15,775 11 3 697.3
2002 Q1 15,930 13 7 816.1
2001 Q4 15,726 4 2 254.4
2001 Q3 15,085 3 1 198.9
2001 Q2 15,723 12 3 763.2
2001 Q1 19,174 7 5 365.1
2000 Q4 17,558 9 5 512.6
2000 Q3 20,073 17 10 846.9
2000 Q2 19,954 14 13 701.6
2000 Q1 13,532 9 6 665.1
No fatalities recorded at this mine.

Reportable incidents

22 on file

2006 · 8 incidents

October 27, 2006 KY · Coal FALL OF ROOF OR BACK
McCoy Elkhorn Coal Corp · Accident type, without injuries

A rock fall occurred int he #1 entry approx. 80' inby the #1 portal. The rock fall was 17' long, 18' wide, and 6' thick. Fall was approx. 1400' from the working section.

August 25, 2006 KY · Coal FALL OF ROOF OR BACK
McCoy Elkhorn Coal Corp · Accident type, without injuries

A roof fall measuring approximately 4' thick, 12' wide, and 18' long occurred in the intersection of the no. 2 entry 1 break inby survey station no. 731. Fall location is approximately 500' outby working section.

June 3, 2006 KY · Coal electrician, lineman FALL OF ROOF OR BACK
McCoy Elkhorn Coal Corp · Struck by falling object

EE was talking with the continuous miner operator in the #2 entry of the 002-0 mmu when a piece of draw rock fell, striking a shuttle car then flipping off onto him, injuring his left arm, right foot and head. EE was treated and released at Pikeville Medical Center.

June 3, 2006 KY · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
McCoy Elkhorn Coal Corp · Struck by falling object

EE was operating a continuous miner in the #2 entry of the 002-0mmu when a piece of draw rock fell, striking a shuttle car, then flipping off on him, injuring his back. EE was treated and released at Pikeville Medical Center.

May 19, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
McCoy Elkhorn Coal Corp · Struck by falling object

EE was operating a shuttle car in the #3 entry of the 002-0 mmu. He was hauling a load of coal to the feeder when a piece of draw rock, approx. 24" wide, 41" long & 3" thick fell from between the bolts and struck him on the head, shoulder and chest. He was transported to the medical center and admitted for observation. Accident occurred in the first crosscut outby the face.

May 19, 2006 KY · Coal stopping builder, ventilation man, mason man, overcast FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
McCoy Elkhorn Coal Corp · Struck by rolling or sliding object

EE was getting an air reading behind the line curtain in the #4 entry of the 002-0 mmu when the coal rib rolled and struck him on the right hip and leg. He continued working until the end of his regular shift. On Saturday, 5/20, he went to the E.R. where he was treated and released.

April 29, 2006 KY · Coal stopping builder, ventilation man, mason man, overcast HANDLING OF MATERIALS
McCoy Elkhorn Coal Corp · Caught in, under or between a moving and a stationary object

Large rock on miner; he tried to remove the rock and pinched his left hand.

2005 · 1 incident

February 15, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
McCoy Elkhorn Coal Corp · Caught in, under or between (Not Elsewhere Classified)

EE was operating a roof bolter in the #3 heading of the 002-0 section. He was installing a roof bolt in the mine roof, and when he reached to align the roof bolt plate, his glove got caught on the plate, dislocating the little finger on his left hand.

2003 · 3 incidents

March 21, 2003 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDTOOLS (NONPOWERED)
Fools Gold Energy Corp · Struck by... (Not Elsewhere Classified)

WAS RAISING 21SC JOY SHUTTLE CAR WITH LIFTING JACK AND SLIPPED AND FELL. LIFTING JACK BAR HIT RIBS LEFT SIDE OF BODY.

March 10, 2003 KY · Coal continuous miner operator, coal mole operator MACHINERY
Fools Gold Energy Corp · Struck by falling object

EE CLAIMS THAT RIB ROLL HIT HIS RIGHT HIP. BRUISED RIGHT HIP. WHILE OPERATING EIMCO CONT. MINER.REMOTE CONTROLLED.

February 22, 2003 KY · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss HANDLING OF MATERIALS
Fools Gold Energy Corp · Over-exertion in lifting objects

EE WAS LIFTING CRIB BLOCKS. HE SAID HE FELT A PULL IN HIS LEFT ABDOMEN AREA. THIS ACCIDENT HAPPENED ON 2/22/03. HAD NO LOST TIME UNTIL HE WAS OPERATED ON 4/16/03 FOR DOUBLE HERNIA.

2002 · 6 incidents

November 8, 2002 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Fools Gold Energy Corp · Struck against stationary object

SUBJECT WAS TRAMMING DDO-13 FLETCHER ROOF BOLTER, CROSSING CONT MINER CABLE HE WAS TRAMMING IN REAR DECK WHEN HE CROSSED CABLE THREW REAR DECK WAS NOT IN LOW POSITION IN TO MINE ROOF. RIGHT UP PER ARM AND SHOULDER HIT ROOF.

October 5, 2002 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Fools Gold Energy Corp · Struck against a moving object

SUBJECT WAS OPERATING 21SC SHUTTLE CAR ON 002 SECTION, RAN OVER A PIECE OF ROCK IN ROADWAY. ALLEGES THAT IT SHOOK HIM CAUSING PAIN TO BACK.

October 2, 2002 KY · Coal continuous miner operator, coal mole operator MACHINERY
Fools Gold Energy Corp · Struck by flying object

SUBJECT WAS OPERATING REMOTE CONTROLLED CONT/M WER PIECE OF DRAW ROCK FELL FROM ROOF HIT HIS RT HAND.

August 17, 2002 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
Fools Gold Energy Corp · Unclassified, insufficient data

UNKNOWN, EE SAID HE DID NOT KNOW HOW OR WHEN HE HURT HIS BACK.

May 14, 2002 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Fools Gold Energy Corp · Struck by falling object

SUBJECT WAS BOLTING ROOF, AND A SMALL PIECE OF DRAW ROCK STRUCK HIM ON LEFT SHOULDER.

March 23, 2002 KY · Coal continuous miner operator, coal mole operator MACHINERY
Fools Gold Energy Corp · Struck by falling object

A PIECE OF DRAW ROCK FELL & SLID DOWN SHOULDER & NECK WHILE OPERATING THE REMOTE CONTROLLED 2480-1 EIMCO CONTINUOUS MINING MACHINE.

2000 · 2 incidents

September 29, 2000 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Fools Gold Energy Corp · Struck by falling object

EE WAS HELPING TO MOVE THE CONTINUOUS MINER CABLE AND COAL RIB ROLLED OFF, STRIKING HIS BACK JUST ABOVE THE WAIST LINE.

May 26, 2000 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Fools Gold Energy Corp · Caught in, under or between (Not Elsewhere Classified)

SUBJECT WAS OPERATING ROOF BOLTING MACHINE, CAUGHT IS HAND BETWEEN THE PIECES OF PINNER STEEL.

1989 · 2 incidents

September 19, 1989 KY · Coal FALL OF ROOF OR BACK
Laurel Ridge Coal Company Inc · Accident type, without injuries

ROOF FALL IN #6 ENTRY AT THE LAST ROW OF BREAKS IN INTERSECTION TRAPPED ONE MAN I NAME & ONE ROOF BOLTER #6 ENTRY IS BEING DRIVEN UNDER A HOLLOW WITH APP 100FT OF COVER WE HAD ALREADY STAGGERE D THE BREAKS & STOPPED #7 ENTRY