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Mine No 2: 547 MSHA citations Coal

Harlan County Mining LLC · Underground
Controlled by U S Coal Corporation
Coldiron, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1519282

Mine No 2 has $217K in proposed MSHA penalties and $144K outstanding across 25 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
13
Years on record
2009–2012
Latest incident
Apr 2012
Compliance record
MSHA citations since 2008
547
citations
242
significant & substantial
$217,224
proposed penalties
$50,102
paid to date
23% of proposed penalties paid to date, a $167,122 gap.
Source: MSHA violations data, updated weekly.
See Harlan County Mining LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2008
54
inspections on record
3,738
inspection hours
14.6
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.
547 citations across 3,738 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
ⓘ A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2011-08-23.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

Mine No 2 has $217K in proposed MSHA penalties and $144K outstanding across 25 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.
$217K
proposed penalties
$194K
current assessed
$50K
paid to date
$144K
outstanding
510 assessments are final orders; 25 contested dockets.
Of $65K in penalties contested before the Commission, $40K was upheld in final decisions.
As of the most recent assessment on 2012-09-11.
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.
47.5%
significant & substantial
2.7%
high negligence or reckless
47.3%
reasonably likely or greater
7.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.1% low, 94.1% moderate, 2.7% 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.
185 citations taken to the federal commission · 34% of citations on record
  • Settled 170 · 92%
  • Stood as issued 12 · 6%
  • Vacated or withdrawn 3 · 2%
86%
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 95 decided S&S contests · industry: 79%
38%
Penalty reduction in decided contests
$65K proposed, $40K 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 2013-08-27.
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 2009-933 Settlement Lesnick 2009 $12K → $3K
KENT 2010-965 Settlement Barbour 2013 $9K → $7K
KENT 2010-500 Settlement Lesnick 2011 $6K → $5K
KENT 2009-1215 Settlement Lesnick 2010 $5K → $3K
KENT 2010-1345 Dismissal Lesnick 2011 $5K → $3K
KENT 2009-1559 Settlement 2010 $5K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 2 shows 90% of 234 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: 2012-03-15, 14 years ago
90%
within 1.5 mg/m3
234
samples
3.11
dust max (mg/m3)
117 samples taken by MSHA inspectors, 117 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR101
  • UTILITY MAN20
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)17

Silica (quartz)

Last sampled: 2011-12-29, 14 years ago
4.5
silica avg (%)
25
samples
9.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR14
  • UTILITY MAN2
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: 2012-01-05, 14 years ago
7%
over PEL
42
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)6
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)6
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
2012 95% 22
2011 95% 58
2010 96% 70
2009 84% 69
2008 67% 15
Silica (quartz) by year
Year silica avg (%) samples
2011 6.0 2
2010 3.7 4
2009 4.5 19
Noise by year
Year over PEL samples
2012 0% 2
2011 20% 10
2010 0% 9
2009 6% 17
2008 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No 2 recorded 13.44 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.
13.44
total case rate
10.75
days-away rate
0.000
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 * 13.44 10.75 0.000
2010 * 0.00 0.00 0.000
2009 * 2.26 2.26 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. A & M Coal Co Inc 2008 to 2010
  2. Neco Energy Inc. 2010 to 2012
  3. J.A.D. Coal Company, Inc. 2012 to 2012
  4. Harlan County Mining LLC 2012 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)
2013 0
2012 9 18,601
2011 33 129,192
2010 34 94,238
2009 36 136,531
2008 20 19,158
Source: MSHA quarterly employment and production, updated weekly.

Mine No 2 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
2013 Q3 0 0 0
2013 Q2 0 0 0
2012 Q4 0 1 0
2012 Q3 0 17 2
2012 Q2 591 14 5 23688.7
2012 Q1 17,093 49 15 2866.7
2011 Q4 18,157 64 37 3524.8
2011 Q3 21,498 44 36 2046.7
Show 12 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q2 19,721 33 14 1673.3
2011 Q1 15,040 27 9 1795.2
2010 Q4 5,516 33 19 5982.6
2010 Q3 14,008 13 8 928.0
2010 Q2 19,564 26 13 1329.0
2010 Q1 16,743 38 16 2269.6
2009 Q4 21,050 38 18 1805.2
2009 Q3 16,717 27 5 1615.1
2009 Q2 33,631 22 6 654.2
2009 Q1 17,071 39 16 2284.6
2008 Q4 17,954 37 15 2060.8
2008 Q3 0 0 0
No fatalities recorded at this mine.

Reportable incidents

13 on file

2012 · 3 incidents

April 10, 2012 KY · Coal FALL OF ROOF OR BACK
Neco Energy Inc. · Accident type, without injuries

A non-injury roof fall occurred at approx 8:50 AM. 2nd cross cut on Ginsong Mains. 18' wide x 5' thick x 38' long.

March 31, 2012 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Neco Energy Inc. · Contact with hot objects or substances

Employee was using cutting torch to cut metal jacks. He laid torches down to turn pipe and torch rolled over and flame struck left hand.

2011 · 9 incidents

October 24, 2011 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator ELECTRICAL
Neco Energy Inc. · Flash burns (electric)

6 volt battery on personnel carrier arced when being worked on resulting in a flash to the eyes and maybe some acid to the face.

October 3, 2011 KY · Coal FALL OF ROOF OR BACK
Neco Energy Inc. · Accident type, without injuries

Roof fall* Roof cracks running along both ribs in addition to being close to the outcrop of coal bed broke away from the main roof.

August 17, 2011 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss OTHER
Neco Energy Inc. · Struck by... (Not Elsewhere Classified)

There was an altercation between face foreman and miner operator. EE received two punches to the head. Note: No one received medical treatment.

June 13, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Neco Energy Inc. · Over-exertion in lifting objects

Loading bolts and rock dust into scoop.

April 8, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Neco Energy Inc. · Caught in, under or between (Not Elsewhere Classified)

Operator was holding drill steel while wearing a rubber glove. Glove stuck to steel and twisted his left hand resulting in breaking his left pinky finger.

January 11, 2011 KY · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator POWERED HAULAGE
Neco Energy Inc. · Struck against a moving object

Employee had loaded concrete block in scoop bucket during the trip to face a block fell out of bucket and scoop ran over it, causing it to drop down suddenly.

2009 · 1 incident

April 10, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
A & M Coal Co Inc · Over-exertion (Not Elsewhere Classified)

Miner was bending roof bolts when he complained with a burning feeling in his lower back.