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Mine No 1: 873 MSHA citations Coal

Conshor Mining LLC · Underground
Controlled by Randall Fleming
Cumberland, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1518861

Mine No 1 has $1.8M in proposed MSHA penalties and $1.5M outstanding across 35 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
2005–2009
Latest incident
Aug 2009
Compliance record
MSHA citations since 2005
873
citations
343
significant & substantial
$1,759,128
proposed penalties
$49,755
paid to date
3% of proposed penalties paid to date, a $1,709,373 gap.
Source: MSHA violations data, updated weekly.
See Conshor Mining LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2005
48
inspections on record
3,977
inspection hours
22.0
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.
873 citations across 3,977 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No 1 has $1.8M in proposed MSHA penalties and $1.5M outstanding across 35 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.
$1.8M
proposed penalties
$1.6M
current assessed
$50K
paid to date
$1.5M
outstanding
832 assessments are final orders; 35 contested dockets.
Of $1.7M in penalties contested before the Commission, $1.5M was upheld in final decisions.
As of the most recent assessment on 2010-11-04.
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.
40.7%
significant & substantial
6.2%
high negligence or reckless
42.2%
reasonably likely or greater
17.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.5% low, 92.3% moderate, 5.9% high, 0.2% 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.
239 citations taken to the federal commission · 27% of citations on record
  • Settled 212 · 89%
  • Stood as issued 26 · 11%
  • Vacated or withdrawn 1 · 0%
96%
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 154 decided S&S contests · industry: 79%
11%
Penalty reduction in decided contests
$1.7M proposed, $1.5M 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 2010-11-22.
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 2008-481 Dismissal Feldman 2015 $428K → $428K
KENT 2008-561 Dismissal Feldman 2015 $214K → $214K
KENT 2008-562 Dismissal Feldman 2015 $206K → $206K
KENT 2008-560 Dismissal Feldman 2015 $136K → $136K
KENT 2008-782 Dismissal Feldman 2015 $122K → $122K
KENT 2010-1467 Settlement Rae 2013 $119K → $81K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 1 shows 92% of 334 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: 2010-04-14, 16 years ago
92%
within 1.5 mg/m3
334
samples
7.30
dust max (mg/m3)
184 samples taken by MSHA inspectors, 150 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR127
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)29
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)27

Silica (quartz)

Last sampled: 2010-04-28, 16 years ago
8.7
silica avg (%)
30
samples
29.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR15
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: 2010-04-13, 16 years ago
9%
over PEL
53
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR11
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)10
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)9
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
2010 94% 33
2009 98% 86
2008 99% 108
2007 78% 69
2006 67% 6
2005 84% 32
Silica (quartz) by year
Year silica avg (%) samples
2010 4.2 2
2009 12.3 6
2008 11.4 7
2007 7.2 8
2006 4.5 2
2005 6.7 5
Noise by year
Year over PEL samples
2010 20% 5
2009 0% 15
2008 11% 18
2007 20% 10
2005 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 2009.

Injury rate, 2009
ⓘ 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 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Kentucky, coal mining averaged 5.04 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
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 16.19 12.14 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. Kelly Branch Resources, Inc. 2005 to 2006
  2. Parton Bros. Contracting, Inc. 2006 to 2006
  3. Conshor Mining LLC 2006 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)
2010 12 44,409
2009 27 132,070
2008 18
2007 30 205,282
2006 7 6,331
Source: MSHA quarterly employment and production, updated weekly.

Mine No 1 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
2010 Q4 0 2 0
2010 Q3 281 0 0 0.0
2010 Q2 2,710 41 38 15129.2
2010 Q1 11,810 35 15 2963.6
2009 Q4 11,172 27 6 2416.8
2009 Q3 11,889 30 12 2523.3
2009 Q2 16,833 34 7 2019.8
2009 Q1 5,574 27 8 4843.9
Show 12 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q4 520 25 7 48076.9
2008 Q3 603 38 5 63018.2
2008 Q2 9,311 25 6 2685.0
2008 Q1 12,836 55 22 4284.8
2007 Q4 14,808 49 16 3309.0
2007 Q3 14,883 88 27 5912.8
2007 Q2 14,919 50 22 3351.4
2007 Q1 4,810 94 35 19542.6
2006 Q4 740 49 7 66216.2
2006 Q3 1,011 0 0 0.0
2006 Q2 2,876 3 0 1043.1
2006 Q1 1,057 44 29 41627.2
No fatalities recorded at this mine.

Reportable incidents

12 on file

2009 · 1 incident

2008 · 2 incidents

2007 · 5 incidents

September 17, 2007 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Conshor Mining LLC · Over-exertion in lifting objects

Lifted a 5 Gal. bucket and complained with his back.

June 22, 2007 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Conshor Mining LLC · Over-exertion in lifting objects

EE hurt back getting rock out of #4 head drive chute.

May 28, 2007 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Conshor Mining LLC · Struck by falling object

Rock fell & hit finger on right hand.

April 30, 2007 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Conshor Mining LLC · Fall onto or against objects

Employee was helping pull a piece of belt on to beltline. He slipped and fell over belt rail.

March 2, 2007 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Conshor Mining LLC · Over-exertion (Not Elsewhere Classified)

Employee was operating the bolt machine and twisted his back.

2006 · 3 incidents

2005 · 1 incident

October 15, 2005 KY · Coal FALL OF ROOF OR BACK
Kelly Branch Resources, Inc. · Accident type, without injuries

Roof fall outby face in #1 return entry. No injuries. No equipment affected. Ventilation not restricted. Fall will not be cleaned up. Fall is cribbed off & dangered off.