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.
100 citations across 2,178 inspection hours.
Source: MSHA inspections data, updated weekly.
Mine No 5 has $14K in proposed MSHA penalties and $0 outstanding across 5 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.
$14K
proposed penalties
$14K
current assessed
$14K
paid to date
$0
outstanding
99 assessments are final orders; 5 contested dockets.
Of $2K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2012-05-02.
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.
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.
5citations taken to the federal commission · 5% of citations on record
Settled
4 · 80%
Vacated or withdrawn
1 · 20%
75%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 4 decided S&S contests · industry: 79%
49%
Penalty reduction in decided contests
$2K proposed, $1K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2011-12-19.
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.
MSHA sampling at Mine No 5 shows 98% of 335 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: 2012-05-31, 14 years ago
98%
within 1.5 mg/m3
335
samples
6.61
dust max (mg/m3)
159 samples taken by MSHA inspectors, 176 by the operator.
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.
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.
Mine No 5 recorded 6.77 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.
6.77
total case rate
2.26
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 *
6.77
2.26
0.000
2010 *
7.14
4.76
0.000
2009 *
2.39
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.
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
25
86,755
2011
37
218,256
2010
37
214,038
2009
36
188,492
2008
20
37,344
Source: MSHA quarterly employment and production, updated weekly.
Mine No 5 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
350
0
0
0.0
2012 Q2
23,567
4
1
169.7
2012 Q1
20,943
8
1
382.0
2011 Q4
25,223
5
0
198.2
2011 Q3
21,612
8
2
370.2
2011 Q2
20,756
9
1
433.6
2011 Q1
21,097
4
1
189.6
2010 Q4
23,917
2
0
83.6
Show 9 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2010 Q3
24,898
6
2
241.0
2010 Q2
20,102
4
0
199.0
2010 Q1
15,093
4
1
265.0
2009 Q4
20,387
3
1
147.2
2009 Q3
19,409
4
0
206.1
2009 Q2
20,575
6
2
291.6
2009 Q1
23,431
5
2
213.4
2008 Q4
19,761
12
1
607.3
2008 Q3
1,350
7
1
5185.2
No fatalities recorded at this mine.
Reportable incidents
8 on file
2012 · 1 incident
January 12, 2012KY · Coalbeltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor riderSTEPPING OR KNEELING ON OBJECT
The employee was servicing the No. 8 belt drive, he stepped on a piece of coal which caused him to make an off balance step resulting in severe pain to the left knee.
Small pieces of coal popped off the rib striking EE in the right eye causing scratching and bruising.
April 18, 2011KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)HANDLING OF MATERIALS
Clas Coal Company Inc · Caught in, under or between a moving and a stationary object
EE had installed a 54" steel channel on the 1st bolt in the row he was installing. Once the bolt was installed the steel channel was not properly positioned, he grabbed the steel channel w/R hand to pull the channel toward him, his R ring finger became lodged between channel and roof resulting in traumatic damage to the end of ring finger. EE said machine was no part of injury.
March 28, 2011KY · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorPOWERED HAULAGE
EE was driving a shuttle car transporting coal from the cont. miner to the section dumping point. He ran over a bump or ran into a hole in the roadway which caused him to be bounced into the car's canopy causing pain in the back.
2010 · 3 incidents
July 20, 2010KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
Employee was installing roof bolts in the face of the No. 2 entry. After adding the finishing piece of steel in place he placed his hand on the drill steel until it was fully inserted back into the hole, at which time the piece of rock measuring 15-16 in. wide, 78 in. long & 2-2 1/2 in. thick fell next to the steel striking him in the area of the 4th-5th fingers of the left hand.
May 5, 2010KY · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
Employee was holding a section of drill steel in the hole while he was swinging the drill head back and forth to clear loose coal from underneath the drill head. The drill head was moved too close to his wrist inadvertently causing the canopy to strike his wrist causing the bruising.
January 21, 2010KY · Coaldiscontinued 1/31/2014. several other codes cover scoop car operatorFALL OF ROOF OR BACK
EE was located in a intersection off the left inby corner observing the timber line while retreat mining was being performed. A section of rock and coal rolled off the corner measuring 24"H x 8"W x 8"T, striking ee in the lower back. The ribs were soft due to the retract mining.
EE was operating the operator side of the roof bolt machine installing the 1st roof bolt in the last row of roof bolts in the cross cut between entry No's. 5 and 6, when the inby corner rolled off, striking him on the back in the area of his shoulders. Resulted in abrasions and bruising and a small laceration to the chin. Only first aid treatment was received.