Mining Incidents

Mine #3: 1 recorded fatality Coal

Panther Mining LLC · Underground
Cumberland, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1518360

Mine #3 has $329K in proposed MSHA penalties and $208K outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
8
Years on record
2004–2006
Latest incident
Nov 2006
Compliance record
MSHA citations since 2001
640
citations
254
significant & substantial
$329,105
proposed penalties
$120,989
paid to date
37% of proposed penalties paid to date, a $208,116 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
56
inspections on record
3,284
inspection hours
19.5
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.
640 citations across 3,284 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine #3 has $329K in proposed MSHA penalties and $208K 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.
$329K
proposed penalties
$329K
current assessed
$121K
paid to date
$208K
outstanding
578 assessments are final orders; 5 contested dockets.
Of $8K in penalties contested before the Commission, $8K was upheld in final decisions.
As of the most recent assessment on 2007-04-17.
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.
42.0%
significant & substantial
6.3%
high negligence or reckless
41.8%
reasonably likely or greater
11.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.7% low, 93.0% moderate, 6.3% 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.
95 citations taken to the federal commission · 15% of citations on record
  • Settled 90 · 95%
  • Stood as issued 5 · 5%
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 60 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$8K proposed, $8K 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 2004-08-17.
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 2004-274 Settlement Hodgdon 2005 $2K → $2K
KENT 2004-297 Settlement Hodgdon 2005 $2K → $2K
KENT 2004-298 Settlement Hodgdon 2005 $2K → $2K
KENT 2004-273 Settlement Hodgdon 2005 $1K → $1K
KENT 2004-272 Settlement Hodgdon 2005 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine #3 shows 89% of 216 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: 2006-12-05, 19 years ago
89%
within 1.5 mg/m3
216
samples
3.98
dust max (mg/m3)
111 samples taken by MSHA inspectors, 105 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR96
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)14
  • SHUTTLE CAR OPERATOR (OFF STANDARD)12

Silica (quartz)

Last sampled: 2006-08-02, 20 years ago
7.0
silica avg (%)
18
samples
13.8
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: 2006-05-03, 20 years ago
14%
over PEL
36
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR6
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)5
  • SHUTTLE CAR OPERATOR (OFF STANDARD)5
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 84% 55
2005 95% 82
2004 87% 79
Silica (quartz) by year
Year silica avg (%) samples
2006 5.6 3
2005 5.9 5
2004 8.1 10
Noise by year
Year over PEL samples
2006 10% 10
2005 20% 15
2004 9% 11
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine #3 recorded 5.37 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.
5.37
total case rate
5.37
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 * 5.37 5.37 0.000
2005 * 13.55 13.55 4.517
2004 * 4.51 0.00 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. Panther Mining LLC 2001 to present
  2. H & D Mining Inc 2004 to 2007
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 0
2007 0
2006 26 156,725
2005 32 209,927
2004 29 162,664
2003 0
2002 0
2001 0
Source: MSHA quarterly employment and production, updated weekly.

Mine #3 sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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 Q1 0 0 0
2007 Q4 0 0 0
2007 Q3 0 0 0
2007 Q2 0 5 1
2007 Q1 0 0 0
2006 Q4 5,324 61 36 11457.6
2006 Q3 8,042 24 9 2984.3
2006 Q2 11,138 56 18 5027.8
Show 20 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q1 12,716 33 12 2595.2
2005 Q4 9,411 17 4 1806.4
2005 Q3 9,498 43 14 4527.3
2005 Q2 11,220 29 10 2584.7
2005 Q1 14,147 61 26 4311.9
2004 Q4 13,810 53 9 3837.8
2004 Q3 14,479 58 38 4005.8
2004 Q2 7,519 96 45 12767.7
2004 Q1 8,580 63 26 7342.7
2003 Q4 0 0 0
2003 Q3 0 0 0
2003 Q2 0 0 0
2003 Q1 0 0 0
2002 Q4 0 0 0
2002 Q3 0 0 0
2002 Q2 0 0 0
2002 Q1 0 0 0
2001 Q4 0 0 0
2001 Q3 0 0 0
2001 Q2 0 0 0

Fatalities at this mine

1 recorded
December 30, 2005 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator Fatality · POWERED HAULAGE
H & D Mining Inc · Caught in, under or between a moving and a stationary object

The victim was caught between 10SC shuttle car and an 818 Long Airdox ram car resulting in severe lower leg injuries and death.

Reportable incidents

7 on file (excluding fatalities above)

2006 · 2 incidents

November 15, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
H & D Mining Inc · Struck by powered moving object

Repairing a mantrip, it rolled and hit his left leg.

April 7, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
H & D Mining Inc · Struck by falling object

Loose rock fell and struck employee's back.

2005 · 4 incidents

September 23, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
H & D Mining Inc · Struck by... (Not Elsewhere Classified)

USING ROOF BOLT MACHINE AND CUT RIGHT INDEX FINGER.

July 8, 2005 KY · Coal FALL OF ROOF OR BACK
H & D Mining Inc · Accident type, without injuries

An unplanned roof fall occured in the #4 entry out by the working section. The fall measured approx 60ft long 7 ft height and 20' wide.

June 28, 2005 KY · Coal FALL OF ROOF OR BACK
H & D Mining Inc · Accident type, without injuries

An unplanned roof fall occurred in the return air course inby survey station 433. The roof fall was above the anchorage of the 48 resin bolts being used and measured approx. 100-ft long and 90 ft. wide 2 intersection.

January 31, 2005 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
H & D Mining Inc · Caught in, under or between a moving and a stationary object

Shuttle car rolled over his right leg.

2004 · 1 incident

November 3, 2004 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
H & D Mining Inc · Over-exertion in lifting objects

Said he was loading bolt supplies and hurt lower back.