Mining Incidents

Mine No 9: 1 recorded fatality Coal

Hubble Mining Company LLC · Underground
Eolia, Letcher County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518984

Mine No 9 has $296K in proposed MSHA penalties and $0 outstanding across 21 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
8
Years on record
2007–2011
Latest incident
Nov 2011
Compliance record
MSHA citations since 2006
475
citations
126
significant & substantial
$295,735
proposed penalties
$238,847
paid to date
81% of proposed penalties paid to date, a $56,888 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
42
inspections on record
4,580
inspection hours
10.4
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.
475 citations across 4,580 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No 9 has $296K in proposed MSHA penalties and $0 outstanding across 21 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.
$296K
proposed penalties
$239K
current assessed
$239K
paid to date
$0
outstanding
460 assessments are final orders; 21 contested dockets.
Of $111K in penalties contested before the Commission, $41K was upheld in final decisions.
As of the most recent assessment on 2012-07-12.
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.
27.4%
significant & substantial
2.0%
high negligence or reckless
30.7%
reasonably likely or greater
12.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.2% low, 95.9% moderate, 1.7% 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.
61 citations taken to the federal commission · 13% of citations on record
  • Settled 58 · 95%
  • Stood as issued 1 · 2%
  • Vacated or withdrawn 2 · 3%
91%
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 35 decided S&S contests · industry: 79%
63%
Penalty reduction in decided contests
$111K proposed, $41K 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 2013-02-05.
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 2012-1533 Settlement Simonton 2013 $46K → $6K
KENT 2013-451 Settlement Simonton 2013 $17K → $2K
KENT 2012-889 Settlement Simonton 2013 $10K → $1K
KENT 2012-765 Settlement Simonton 2013 $6K → $5K
KENT 2012-472 Settlement Lesnick 2013 $6K → $5K
KENT 2012-1532 Settlement Simonton 2013 $5K → $5K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 9 shows 94% of 524 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: 2012-03-12, 14 years ago
94%
within 1.5 mg/m3
524
samples
6.69
dust max (mg/m3)
228 samples taken by MSHA inspectors, 296 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR260
  • SCOOP CAR OPERATOR38
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)26

Silica (quartz)

Last sampled: 2011-12-09, 14 years ago
10.6
silica avg (%)
53
samples
24.8
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR18
  • ELECTRICIAN HELPER1

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: 2012-01-19, 14 years ago
5%
over PEL
76
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR16
  • SCOOP CAR OPERATOR16
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)12
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 100% 20
2011 95% 80
2010 100% 32
2009 97% 58
2008 97% 145
2007 92% 142
2006 79% 47
Silica (quartz) by year
Year silica avg (%) samples
2011 7.3 17
2010 12.0 4
2009 7.1 2
2008 11.7 13
2007 13.0 8
2006 13.2 9
Noise by year
Year over PEL samples
2012 0% 5
2011 11% 9
2010 0% 5
2009 0% 14
2008 13% 24
2007 0% 19
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No 9 recorded 13.60 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.
13.60
total case rate
9.07
days-away rate
4.533
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 * 13.60 9.07 4.533
2009 * 3.89 3.89 0.000
2008 3.82 2.55 0.000
2007 1.58 1.58 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. Cumberland River Coal Co Inc 2006 to 2010
  2. Hubble Mining Company LLC 2010 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 53,562
2011 17 108,366
2010 15 32,977
2009 19 114,834
2008 58 374,818
2007 47 325,511
2006 38 86,669
Source: MSHA quarterly employment and production, updated weekly.

Mine No 9 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 Q2 10,060 0 0 0.0
2012 Q1 10,985 22 8 2002.7
2011 Q4 10,544 36 10 3414.3
2011 Q3 10,297 10 1 971.2
2011 Q2 11,387 7 1 614.7
2011 Q1 11,891 10 3 841.0
2010 Q4 9,157 11 4 1201.3
2010 Q3 6,230 7 4 1123.6
Show 14 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q4 443 0 0 0.0
2009 Q3 1,451 12 1 8270.2
2009 Q2 21,084 27 10 1280.6
2009 Q1 28,431 46 10 1618.0
2008 Q4 35,329 29 9 820.9
2008 Q3 37,462 39 7 1041.1
2008 Q2 51,153 32 6 625.6
2008 Q1 32,973 28 8 849.2
2007 Q4 31,375 21 6 669.3
2007 Q3 31,661 45 9 1421.3
2007 Q2 32,540 48 11 1475.1
2007 Q1 30,809 10 6 324.6
2006 Q4 27,987 6 1 214.4
2006 Q3 17,275 18 3 1042.0

Fatalities at this mine

1 recorded
November 7, 2011 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss Fatality · POWERED HAULAGE
Hubble Mining Company LLC · Caught in, under or between a moving and a stationary object

A crib block is believed to have got lodged behind brake pedal & on accelerator pedal, causing a 2 man non-permissible personnel carrier to jump forward, pinning employee against a coal rib, causing death.

Reportable incidents

7 on file (excluding fatalities above)

2011 · 2 incidents

July 3, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Hubble Mining Company LLC · Struck by... (Not Elsewhere Classified)

Injured was using hydraulic jack to raise component on Joy miner. When trying to release jack, it jumped out striking left hand & chest area, knocking victim to ground.

January 20, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Hubble Mining Company LLC · Struck by... (Not Elsewhere Classified)

Was hooking up a dust suppression box at #3 belt head, stated that knife slipped, cut index finger on left hand.

2009 · 1 incident

February 11, 2009 KY · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
Cumberland River Coal Co Inc · Struck by falling object

Employee was operating a continuous miner when a piece of roof rock measuring 4'x 2' 4" fell striking him on the back. He returned to work on the following shift but has continued to have problems with his back. He had a follow up Dr visit on 2/23/09 at which time he was taken away from work. He started losing time on 2/24/09.

2008 · 3 incidents

November 22, 2008 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Cumberland River Coal Co Inc · Struck by... (Not Elsewhere Classified)

Employee was loading belt structure in to a transport vehicle when he slipped allowing the piece of structure to strike his right hand. This resulted in a fracture and a laceration requiring stitches to his index finger on his right hand.

May 29, 2008 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator SLIP OR FALL OF PERSON
Cumberland River Coal Co Inc · Over-exertion (Not Elsewhere Classified)

Employee stepped out of the operator's compartment of the scoop he was operating and slipped, twisting his knee. He began losing time on 06/11/08.

February 26, 2008 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Cumberland River Coal Co Inc · Fall to the walkway or working surface

EE stated he was working near the section feeder, when a ramcar caught the suspended miner cable and bolter cable and tore them down. When they fell, the cables struck him in the back, knocking him down. On 3/26/08, he was diagnosed with a torn ligament of the right knee. He had surgery on 4/4/08.

2007 · 1 incident

February 16, 2007 KY · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Cumberland River Coal Co Inc · Caught in, under or between a moving and a stationary object

Employee was assisting in replacing a hydraulic jack on the continuous miner. The jack slipped, catching the employee's left little finger between the jack and the miner frame. This resulted in laceration to the left little finger.