Mining Incidents

MINE NO 5: 779 MSHA citations Coal

FALCON COAL CORPORATION · Underground
Elkhorn City, Pike County, KY  ·  Temporarily Idled
MSHA Mine ID: 1518943

MINE NO 5 has $299K in proposed MSHA penalties and $13K outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
9
Years on record
2006–2024
Latest incident
Oct 2024
Compliance record
MSHA citations since 2006
779
citations
199
significant & substantial
$298,585
proposed penalties
$238,574
paid to date
80% of proposed penalties paid to date, a $60,011 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
154
inspections on record
15,776
inspection hours
4.9
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.
779 citations across 15,776 inspection hours.
Source: MSHA inspections data, updated weekly.

MINE NO 5 has $299K in proposed MSHA penalties and $13K outstanding across 9 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.
$299K
proposed penalties
$252K
current assessed
$239K
paid to date
$13K
outstanding
762 assessments are final orders; 9 contested dockets.
Of $73K in penalties contested before the Commission, $26K was upheld in final decisions.
As of the most recent assessment on 2026-02-05.
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.
26.1%
significant & substantial
3.9%
high negligence or reckless
26.1%
reasonably likely or greater
22.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.3% none, 22.0% low, 73.8% moderate, 3.9% 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.
33 citations taken to the federal commission · 4% of citations on record
  • Settled 30 · 91%
  • Stood as issued 3 · 9%
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 27 decided S&S contests · industry: 79%
64%
Penalty reduction in decided contests
$73K proposed, $26K 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 2019-02-13.
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 2012-1199 Settlement Steele 2013 $52K → $10K
KENT 2019-0140 Default Miller 2019 $5K → $5K
KENT 2012-1200 Settlement Andrews 2015 $5K → $4K
KENT 2009-89 Settlement Lesnick 2009 $3K → $3K
KENT 2009-88 Settlement Lesnick 2009 $3K → $2K
KENT 2012-969 Settlement Andrews 2015 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at MINE NO 5 shows 99% of 2,021 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: 2026-02-03
99%
within 1.5 mg/m3
2,021
samples
6.07
dust max (mg/m3)
2
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
538 samples taken by MSHA inspectors, 1,483 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR924
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)471
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)150

Silica (quartz)

Last sampled: 2025-11-13
6.0
silica avg (%)
92
samples
14.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR61
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)23

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: 2025-11-05
7%
over PEL
164
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)43
  • CONTINUOUS MINER OPERATOR23
  • SCOOP CAR OPERATOR23
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
2026 100% 20
2025 100% 140
2024 99% 162
2023 100% 150
2022 100% 146
2021 100% 155
2020 99% 142
2019 100% 156
2018 100% 155
2017 100% 163
2016 99% 135
2015 100% 54
2014 100% 56
2013 98% 54
2012 96% 56
2011 100% 58
2010 92% 50
2009 100% 25
2008 97% 60
2007 95% 66
2006 94% 18
Silica (quartz) by year
Year silica avg (%) samples
2025 5.0 7
2024 5.9 8
2023 5.6 9
2022 6.4 6
2021 5.9 7
2020 6.5 7
2019 6.2 7
2018 6.4 6
2017 6.9 7
2016 7.3 4
2015 5.8 4
2014 2.8 4
2013 6.8 1
2012 7.6 1
2010 5.1 2
2008 5.1 4
2007 6.4 8
Noise by year
Year over PEL samples
2025 0% 6
2024 0% 6
2023 0% 10
2022 0% 5
2021 0% 1
2020 0% 18
2019 0% 9
2018 0% 17
2017 14% 7
2016 0% 4
2015 29% 21
2014 14% 7
2012 14% 7
2011 15% 13
2010 17% 6
2008 0% 5
2007 0% 7
2006 0% 15
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

MINE NO 5 recorded 0.00 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In Kentucky, coal mining averaged 4.08 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
2025 * 0.00 0.00 0.000
2024 * 8.01 8.01 0.000
2023 * 7.78 3.89 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2020 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 0.00 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. Premier Elkhorn Coal Company 2005 to 2006
  2. Falcon Coal Corporation 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)
2026 10 11,106
2025 19 64,889
2024 19 79,674
2023 19 92,639
2022 18 76,136
2021 18 82,993
2020 18 77,454
2019 17 99,429
2018 18 89,825
2017 18 103,380
2016 16 91,671
2015 16 92,823
2014 15 98,118
2013 15 84,998
2012 17 80,586
2011 15 87,237
2010 12 61,415
2009 6 27,649
2008 12 91,572
2007 14 90,135
2006 10 25,110
2005 0
Source: MSHA quarterly employment and production, updated weekly.

MINE NO 5 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
2026 Q2 0 0 0
2026 Q1 7,289 19 12 2606.7
2025 Q4 12,188 21 7 1723.0
2025 Q3 9,748 14 3 1436.2
2025 Q2 13,775 16 5 1161.5
2025 Q1 12,073 19 4 1573.8
2024 Q4 10,827 20 2 1847.2
2024 Q3 11,549 13 4 1125.6
Show 75 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 13,346 12 1 899.1
2024 Q1 14,240 19 5 1334.3
2023 Q4 12,783 39 11 3050.9
2023 Q3 12,345 23 6 1863.1
2023 Q2 12,766 21 8 1645.0
2023 Q1 13,504 19 4 1407.0
2022 Q4 12,781 23 10 1799.5
2022 Q3 12,359 24 7 1941.9
2022 Q2 12,253 16 3 1305.8
2022 Q1 10,202 5 1 490.1
2021 Q4 12,718 10 2 786.3
2021 Q3 10,241 8 3 781.2
2021 Q2 11,560 23 7 1989.6
2021 Q1 12,302 5 3 406.4
2020 Q4 11,293 6 3 531.3
2020 Q3 10,279 12 0 1167.4
2020 Q2 11,189 16 4 1430.0
2020 Q1 11,019 6 0 544.5
2019 Q4 11,379 7 1 615.2
2019 Q3 10,551 6 2 568.7
2019 Q2 10,799 11 5 1018.6
2019 Q1 11,052 9 2 814.3
2018 Q4 11,756 9 2 765.6
2018 Q3 10,755 2 0 186.0
2018 Q2 11,362 2 1 176.0
2018 Q1 11,473 2 1 174.3
2017 Q4 11,719 4 0 341.3
2017 Q3 11,591 4 0 345.1
2017 Q2 9,967 2 0 200.7
2017 Q1 11,521 3 0 260.4
2016 Q4 10,580 8 0 756.1
2016 Q3 10,362 1 0 96.5
2016 Q2 9,760 1 0 102.5
2016 Q1 7,747 3 0 387.2
2015 Q4 9,109 3 0 329.3
2015 Q3 9,256 2 0 216.1
2015 Q2 9,959 5 0 502.1
2015 Q1 9,977 6 1 601.4
2014 Q4 9,800 7 2 714.3
2014 Q3 9,369 2 0 213.5
2014 Q2 9,533 6 0 629.4
2014 Q1 9,113 13 0 1426.5
2013 Q4 9,311 6 0 644.4
2013 Q3 8,750 6 0 685.7
2013 Q2 9,035 11 1 1217.5
2013 Q1 8,590 17 1 1979.0
2012 Q4 9,590 10 1 1042.8
2012 Q3 10,330 17 1 1645.7
2012 Q2 9,872 8 2 810.4
2012 Q1 9,110 15 10 1646.5
2011 Q4 7,975 4 0 501.6
2011 Q3 8,847 5 1 565.2
2011 Q2 7,921 2 0 252.5
2011 Q1 8,149 2 1 245.4
2010 Q4 7,728 3 1 388.2
2010 Q3 7,337 6 0 817.8
2010 Q2 6,659 10 0 1501.7
2010 Q1 4,965 3 0 604.2
2009 Q4 0 1 0
2009 Q3 0 0 0
2009 Q2 5,363 3 0 559.4
2009 Q1 9,052 15 8 1657.1
2008 Q4 8,491 16 7 1884.3
2008 Q3 7,583 19 13 2505.6
2008 Q2 8,098 7 2 864.4
2008 Q1 8,174 4 0 489.4
2007 Q4 9,827 5 0 508.8
2007 Q3 9,684 7 2 722.8
2007 Q2 8,665 7 0 807.8
2007 Q1 8,414 11 5 1307.3
2006 Q4 6,888 3 0 435.5
2006 Q3 2,060 2 0 970.9
2006 Q2 6,809 0 0 0.0
2006 Q1 6,547 2 1 305.5
2005 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

9 on file

2024 · 2 incidents

October 22, 2024 KY · Coal electrician, lineman SLIP OR FALL OF PERSON
Falcon Coal Corporation · Fall onto or against objects

EE, WHO ORIGINALLY REPORTED EE WAS RAN OVER, IS AS OF 12/10/2024 ALLEDGING THAT EE WAS WALKING ACROSS THE SURFACE AREA OF THE MINE, AND THAT EE TRIPPED OVER THE FORKS OF THE FORKLIFT, HITTING EE'S HEAD.

2023 · 2 incidents

October 20, 2023 KY · Coal electrician, lineman SLIP OR FALL OF PERSON
Falcon Coal Corporation · Fall onto or against objects

EE was attempting to investigate a problem with a shuttle car. EE slipped and started to fall. Trying to stop EE's fall, EE reached out EE's hand-cutting two fingers.

August 9, 2023 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Falcon Coal Corporation · Struck by falling object

RIDING MANTRIP WHEN MANTRIP HIT THE RIB ON THE RIGHT SIDE AND COAL AND ROCK FELL ON EMPLOYEE, WHO WAS RIDING MANTRIP.

2021 · 1 incident

April 5, 2021 KY · Coal FALL OF ROOF OR BACK
Falcon Coal Corporation · Accident type, without injuries

A NON-INJURY ROOF FALL ACCIDENT OCCURRED AT APPROXIMATELY 7:30 AM ON 04/05/2021. THE ROOF FALL OCCURRED IN THE #3 PILLAR BLOCK OF THE 001 MMU SS #14957.

2014 · 1 incident

November 5, 2014 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator MACHINERY
Falcon Coal Corporation · Unclassified, insufficient data

While rock dusting, employee injured his hand cleaning rock duster hopper.

2012 · 1 incident

February 9, 2012 KY · Coal continuous miner operator, coal mole operator MACHINERY
Falcon Coal Corporation · Caught in, under or between a moving and a stationary object

An accident on the date of 2/9/12 resulted in a continuous miner operator/helper being crushed between the miner's tail boom and the coal rib. This inflicted a fractured let femur to the victim.

2011 · 1 incident

July 18, 2011 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Falcon Coal Corporation · Over-exertion in lifting objects

EE stated that he was taking lids off the scoop batteries when he hurt his back.

2006 · 1 incident

November 20, 2006 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Falcon Coal Corporation · Struck against stationary object

Employee was cleaning out rock duster when he cut his finger.