Mining Incidents

Mine No. 1: 811 MSHA citations Coal

Bran Zack Energy LLC · Underground
Controlled by Zachary A Staton
Turkey Creek, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1516487

Mine No. 1 has $358K in proposed MSHA penalties and $350K outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
18
Years on record
1989–2005
Latest incident
Aug 2005
Compliance record
MSHA citations since 2001
811
citations
448
significant & substantial
$357,591
proposed penalties
$4,458
paid to date
1% of proposed penalties paid to date, a $353,133 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
101
inspections on record
3,571
inspection hours
22.7
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.
811 citations across 3,571 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No. 1 has $358K in proposed MSHA penalties and $350K outstanding across 4 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.
$358K
proposed penalties
$354K
current assessed
$4K
paid to date
$350K
outstanding
768 assessments are final orders; 4 contested dockets.
Of $19K in penalties contested before the Commission, $16K was upheld in final decisions.
As of the most recent assessment on 2016-04-13.
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.
58.2%
significant & substantial
9.4%
high negligence or reckless
58.5%
reasonably likely or greater
23.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.4% low, 84.3% moderate, 9.1% 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.
42 citations taken to the federal commission · 5% of citations on record
  • Settled 15 · 36%
  • Stood as issued 27 · 64%
92%
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 26 decided S&S contests · industry: 79%
19%
Penalty reduction in decided contests
$19K proposed, $16K 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 2006-01-12.
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
KENT20020335 Settlement Bulluck 2003 $14K → $10K
KENT 2006-131 Default Lesnick 2006 $3K → $3K
KENT 2006-132 Default Lesnick 2006 $2K → $2K
KENT 2004-118 Settlement Lesnick 2004 $1K → $936
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No. 1 shows 91% 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: 2006-01-06, 20 years ago
91%
within 1.5 mg/m3
192
samples
6.37
dust max (mg/m3)
111 samples taken by MSHA inspectors, 81 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR69
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)27
  • SCOOP CAR OPERATOR15

Silica (quartz)

Last sampled: 2005-10-18, 20 years ago
9.4
silica avg (%)
20
samples
25.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR11

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: 2005-03-22, 21 years ago
5%
over PEL
20
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)7
  • CONTINUOUS MINER OPERATOR4
  • SCOOP CAR OPERATOR4
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 100% 4
2005 84% 75
2004 98% 59
2003 93% 40
2002 86% 7
2001 100% 7
Silica (quartz) by year
Year silica avg (%) samples
2005 6.3 9
2004 9.4 6
2003 10.0 1
2002 22.6 2
2001 9.6 2
Noise by year
Year over PEL samples
2005 0% 5
2003 10% 10
2002 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No. 1 recorded 0.00 reportable injury cases per 100 full-time workers in 2005.

Injury rate, 2005
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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US coal mining average was 5.11 and the all-US-mining average was 4.21 cases per 100 workers.
In Kentucky, coal mining averaged 5.46 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. Provision Coal Company Inc 1988 to 1989
  2. Skyline Coal Company Inc 1989 to 1989
  3. Fountain Blue Coal Company Inc 1989 to 1991
  4. Coburn Branch Energy Inc 1991 to 1992
  5. Grace Coal Company Inc 1992 to 1993
  6. M & L Mining Inc 1993 to 2001
  7. James H. Taylor Mining, Inc. 2001 to 2006
  8. Braxton Coal Inc 2006 to 2008
  9. Blackberry Energy LLC 2008 to 2009
  10. Bran Zack Energy LLC 2009 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)
2009 0
2008 3
2006 21 6,154
2005 22 66,344
2004 16 36,200
2003 9 27,000
2002 0
2001 2 3,897
Source: MSHA quarterly employment and production, updated weekly.

Mine No. 1 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
2009 Q1 0 2 1
2008 Q4 350 2 1 5714.3
2006 Q2 4,550 32 19 7033.0
2006 Q1 3,660 56 27 15300.5
2005 Q4 8,640 125 86 14467.6
2005 Q3 7,680 69 42 8984.4
2005 Q2 8,040 76 47 9452.7
2005 Q1 10,850 63 39 5806.5
Show 10 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2004 Q4 800 3 0 3750.0
2004 Q1 9,180 67 35 7298.5
2003 Q4 6,760 38 24 5621.3
2003 Q3 6,305 28 15 4440.9
2003 Q2 1,600 25 13 15625.0
2003 Q1 500 1 0 2000.0
2002 Q4 0 0 0
2002 Q3 0 0 0
2001 Q4 3,199 13 9 4063.8
2001 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

18 on file

2005 · 1 incident

August 10, 2005 KY · Coal continuous miner helper, coal mole helper, bridgeman OTHER
James H. Taylor Mining, Inc. · (Not Elsewhere Classified)

PULLING ON MINER CABLE, PULLED MUSCLE IN LEFT SHOULDER. PER CALL WITH MR FRANCES, EMPLOYEE WENT TO DOCTOR AND WAS DIAGNOSED WITH A CANCEROUS LUMP ON HIS SHOULDER AND IT WILL NOT BE OPERATED ON.

2004 · 3 incidents

March 18, 2004 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
James H. Taylor Mining, Inc. · Struck by... (Not Elsewhere Classified)

VICTIM WAS GETTING ROCK OUT OF TAILPIECE. ROCK HIT VICTIM'S HAND AND BROKE IT.

February 26, 2004 KY · Coal electrician, lineman ELECTRICAL
James H. Taylor Mining, Inc. · Contact with electrical current

ELECTRICIAN CHARGED CONVEYOR MOTOR ON 21SC SHUTTLE CAR. HE DIDN'T LOCK AND TAG OUT. ONE PHASE BURNT IN ON CONTRACTOR AND PHASE LINE SHOCKED HIM WHEN HE PUT LEADS TOGETHER.

2003 · 3 incidents

October 13, 2003 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
James H. Taylor Mining, Inc. · Struck by flying object

EE WAS PULLING CONVEYOR CHAIN TOGETHER WITH A CHAIN HOIST. THE HOOK SLIPPED AND BACK LASHED. THE HOOK STRUCK EE AT LEFT EYE, NOSE & RIGHT EYEEE REFERRED TO OPTOMORTIST FOR EYE EXAM.

September 13, 2003 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider

EE WAS GETTING OUT A ROCK HUNG IN TAILPIECE WITHOUT CUTTING BELT OFF AND ANOTHER ROCK CAME OVER HHEAD DRIVE STIKING HIS HAND AND FINGERS.

July 7, 2003 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
James H. Taylor Mining, Inc. · Struck by falling object

EMPLOYEE HAD ENTERED FRESH BREAK ON OFF SIDE OF BOLTER. PUT UP TWO BOLTS, RIB ROLE HIT HIM IN BACK, PUSHED INTO MACHINE. RECEIVED CUT OVER LEFT EYE. E.R. DOCTOR CLOSED WOUND WITH ADHESIVE, INSTRUCTED EE TO COME IN FOR FOLLOW UP IN TWO DAYS. C.T. SCAN NORMAL.

1991 · 1 incident

1990 · 6 incidents

October 12, 1990 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Fountain Blue Coal Company Inc · Over-exertion in lifting objects

HE WAS LIFTING CABLE REEL COVER AND STRAINED HIMSELF CAUSING RUPTURE.

September 28, 1990 KY · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss HANDLING OF MATERIALS
Fountain Blue Coal Company Inc · Over-exertion in lifting objects

LOADING OF ROCK DUST IN SCOOP PREPARING TO DUST. LIFTING WRONG RESULTING IN INJURY TO LOWER BACK.

May 23, 1990 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Fountain Blue Coal Company Inc · Struck by falling object

REPLACED DUST BAGS IN RF BOLTER CHECKING FOR LEAK INSTRUCTED OPER TO START MACHINE SHIELD TO FALL STRIKING HIM ON HEAD CUTTING ON EYE

January 11, 1990 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
Fountain Blue Coal Company Inc · Fall to the walkway or working surface

CARRYING A PUMP TO POND TO PUMP WATER AND SLIPPED AND FELL ON SLIPPERY GROUND.WORKED THROUGH FEB 5,1990 BECAME DISABLED FEB 6,1990.

1989 · 4 incidents

November 13, 1989 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Fountain Blue Coal Company Inc · Caught in, under or between (Not Elsewhere Classified)

HE WAS OPERATING SHUTTLE CAR. THE MINER WAS LOADING THE CAR. HE WAS CHANGING SEATS THE ACCLERATOR SPRING BROKE CAUSING THE CAR TO STICK ON POINT. IT CUAGHT HIS FOOT AND SIDE.

October 12, 1989 KY · Coal superintendent ELECTRICAL
Skyline Coal Company Inc · Contact with hot objects or substances

EMPLOYEE WAS TRYING TO GET BREAKER TO KICK IN WHEN IT CAUGHT FIRE

October 7, 1989 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Skyline Coal Company Inc · Caught in, under or between a moving and a stationary object

THE INJURED WAS HELPING THE MINER OPERATOR TAKE SLACK OUT OF THE MINER CONVEYOR CHAIN BY HOLDING A CRIB BLOCK AGAINST THE CONVEYOR CHAIN ON THE TOP,WHEN HIS THUMB GOT CAUGHT BETWEEN CRIB BLOCK AND THE TOP CRUSHING HIS THUMB.

October 6, 1989 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Skyline Coal Company Inc · Struck by falling object

HE HAD DRILLED A HOLE IN TOP TO INSTALL ROOF BOLT WHEN DRILL STEEL BECAME STUCK IN THE HOLE, MEANWHIKLE HE PLACED HIS HAND ON PINNER DECK DIRECTLY UNDERNEITH WHERE DRILL STEEL WAS STUCK. UNEX PECTED DRILL STEEL FELL OUT OF THE HOLE STRICKING HIM ON HIS HAND.