Mining Incidents

Mine No 1: 1 recorded fatality Coal

Owlco Energy LLC · Underground
Controlled by Curtis Laws
Partridge, Letcher County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518870

Mine No 1 has $246K in proposed MSHA penalties and $53K outstanding across 13 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
5
Years on record
2005–2011
Latest incident
Dec 2011
Compliance record
MSHA citations since 2005
470
citations
124
significant & substantial
$245,949
proposed penalties
$122,743
paid to date
50% of proposed penalties paid to date, a $123,206 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
52
inspections on record
3,714
inspection hours
12.7
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.
470 citations across 3,714 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No 1 has $246K in proposed MSHA penalties and $53K outstanding across 13 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.
$246K
proposed penalties
$176K
current assessed
$123K
paid to date
$53K
outstanding
464 assessments are final orders; 13 contested dockets.
Of $137K in penalties contested before the Commission, $67K was upheld in final decisions.
As of the most recent assessment on 2012-09-17.
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.
26.7%
significant & substantial
1.7%
high negligence or reckless
27.8%
reasonably likely or greater
13.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.2% low, 93.1% moderate, 1.5% 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.
33 citations taken to the federal commission · 7% of citations on record
  • Settled 24 · 73%
  • Stood as issued 8 · 24%
  • Vacated or withdrawn 1 · 3%
85%
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 27 decided S&S contests · industry: 79%
53%
Penalty reduction in decided contests
$142K proposed, $67K 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 2015-08-24.
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 2012-1593 Settlement Bulluck 2015 $122K → $55K
KENT 2011-1612 Settlement Bulluck 2012 $3K → $3K
KENT 2010-875 Settlement Rae 2012 $2K → $2K
KENT 2011-1238 Settlement Bulluck 2012 $2K → $1K
KENT 2012-1100 Settlement Bulluck 2013 $2K → $2K
KENT 2010-1633 Settlement Rae 2012 $1K → $500
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 1 shows 95% of 410 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: 2012-09-11, 13 years ago
95%
within 1.5 mg/m3
410
samples
7.94
dust max (mg/m3)
193 samples taken by MSHA inspectors, 217 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR173
  • MOBILE BRIDGE OPERATOR61
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)22

Silica (quartz)

Last sampled: 2012-03-09, 14 years ago
9.0
silica avg (%)
22
samples
13.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR12
  • MOBILE BRIDGE OPERATOR3

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: 2012-05-02, 14 years ago
23%
over PEL
48
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)8
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)8
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
2012 94% 47
2011 97% 63
2010 96% 56
2009 95% 56
2008 94% 33
2007 98% 66
2006 91% 69
2005 100% 20
Silica (quartz) by year
Year silica avg (%) samples
2012 9.6 1
2011 5.5 2
2010 7.9 3
2009 8.6 2
2008 6.4 1
2007 10.3 3
2006 9.4 8
2005 12.4 2
Noise by year
Year over PEL samples
2012 10% 10
2011 0% 5
2009 0% 5
2008 22% 9
2007 78% 9
2006 20% 5
2005 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No 1 recorded 17.09 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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.
17.09
total case rate
11.39
days-away rate
5.696
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Kentucky, coal mining averaged 4.28 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
2011 * 17.09 11.39 5.696
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 2.65 2.65 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. Jarisa Inc 2005 to 2008
  2. Owlco Energy LLC 2008 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)
2012 17 50,720
2011 20 81,452
2010 17 82,985
2009 16 62,549
2008 16 59,541
2007 37 179,056
2006 35 171,753
2005 25 52,873
Source: MSHA quarterly employment and production, updated weekly.

Mine No 1 sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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
2012 Q3 8,513 7 0 822.3
2012 Q2 9,211 20 3 2171.3
2012 Q1 9,005 21 8 2332.0
2011 Q4 8,380 26 6 3102.6
2011 Q3 8,556 8 1 935.0
2011 Q2 8,959 15 3 1674.3
2011 Q1 9,216 8 2 868.1
2010 Q4 8,738 7 1 801.1
Show 22 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q3 8,661 8 1 923.7
2010 Q2 7,318 11 1 1503.1
2010 Q1 7,518 15 2 1995.2
2009 Q4 6,918 18 2 2601.9
2009 Q3 7,329 11 3 1500.9
2009 Q2 7,374 7 2 949.3
2009 Q1 6,390 18 3 2816.9
2008 Q4 4,772 29 3 6077.1
2008 Q3 0 0 0
2008 Q2 3,582 23 9 6421.0
2008 Q1 18,544 13 3 701.0
2007 Q4 19,546 16 6 818.6
2007 Q3 20,199 29 8 1435.7
2007 Q2 19,882 29 10 1458.6
2007 Q1 18,587 27 11 1452.6
2006 Q4 18,551 26 11 1401.5
2006 Q3 18,719 8 3 427.4
2006 Q2 19,723 10 6 507.0
2006 Q1 18,453 14 3 758.7
2005 Q4 15,712 9 2 572.8
2005 Q3 6,880 27 7 3924.4
2005 Q2 1,279 0 0 0.0

Fatalities at this mine

1 recorded
October 7, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · FALLING/SLIDING/ROLLING MATERIALS
Owlco Energy LLC · Struck by falling object

Miner was repairing broke conveyor chain on 94L bridge position himself under the bridge when it fell striking him in the chest area.

Reportable incidents

4 on file (excluding fatalities above)

2011 · 2 incidents

December 7, 2011 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Owlco Energy LLC · Struck by... (Not Elsewhere Classified)

Miner was turning drive shaft on mobile bridge carrier when hand slipped off pipe wrench he was using to turn shaft causing the pipe wrench to strike him in the jaw.

May 17, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Owlco Energy LLC · Caught in, under or between a moving and a stationary object

Miner was lining up two pieces of metal one piece of metal slipped mashing miners left index finger between the two pieces of metal.

2006 · 1 incident

July 17, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Jarisa Inc · Struck by falling object

Employee was installing roof bolts, he started to swing the head over to install the next roof bolts when he accidently dropped the canopy on his head, which is over the roof bolter.

2005 · 1 incident

October 21, 2005 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Jarisa Inc · Over-exertion in lifting objects

EMPLOYEE WAS HANDLING MINER CABLE WHEN HE FELT A SHARP PAIN IN HIS LOWER BACK.