Montgomery Creek has $168K in proposed MSHA penalties and $67K outstanding across 11 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
11
Years on record
2009–2014
Latest incident
Nov 2014
Compliance record
MSHA citations since 2008
229
citations
60
significant & substantial
$168,244
proposed penalties
$77,863
paid to date
46% of proposed penalties paid to date, a $90,381 gap.
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.
229 citations across 1,635 inspection hours.
Source: MSHA inspections data, updated weekly.
Montgomery Creek has $168K in proposed MSHA penalties and $67K outstanding across 11 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.
$168K
proposed penalties
$145K
current assessed
$78K
paid to date
$67K
outstanding
228 assessments are final orders; 11 contested dockets.
Of $70K in penalties contested before the Commission, $47K was upheld in final decisions.
As of the most recent assessment on 2018-02-21.
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.
29citations taken to the federal commission · 13% of citations on record
Settled
28 · 97%
Stood as issued
1 · 3%
76%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 17 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$70K proposed, $47K 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 2015-04-14.
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 Montgomery Creek shows 100% of 117 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: 2018-08-28, 7 years ago
100%
within 1.5 mg/m3
117
samples
0.48
dust max (mg/m3)
0
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.
98 samples taken by MSHA inspectors, 19 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.
Montgomery Creek recorded 0.00 reportable injury cases per 100 full-time workers in 2015.
Injury rate, 2015
ⓘ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 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
In Kentucky, coal mining averaged 4.56 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
2015 *
0.00
0.00
0.000
2014 *
4.55
2.28
0.000
2013
1.90
1.90
0.000
2012
0.00
0.00
0.000
2011
0.00
0.00
0.000
2010
1.72
1.72
0.000
2009 *
2.05
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)
2018
2
2017
2
2016
0
2015
12
69,177
2014
33
266,699
2013
47
264,514
2012
54
374,815
2011
48
376,510
2010
44
253,970
2009
37
233,350
2008
32
118,284
Source: MSHA quarterly employment and production, updated weekly.
Montgomery Creek sits in Perry County, Kentucky, where the Census mining category is 3.3% 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.
Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
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
2018 Q3
0
0
0
2018 Q2
0
0
0
2018 Q1
4,471
1
0
223.7
2017 Q4
4,686
1
1
213.4
2017 Q3
0
0
0
2017 Q2
0
0
0
2017 Q1
0
0
0
2016 Q4
0
0
0
Show 33 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2016 Q3
0
0
0
2016 Q2
0
0
0
2016 Q1
0
0
0
2015 Q4
0
0
0
2015 Q3
441
0
0
0.0
2015 Q2
5,599
5
0
893.0
2015 Q1
19,973
10
2
500.7
2014 Q4
18,093
0
0
0.0
2014 Q3
22,319
19
5
851.3
2014 Q2
25,608
0
0
0.0
2014 Q1
21,853
15
1
686.4
2013 Q4
15,084
1
0
66.3
2013 Q3
29,127
0
0
0.0
2013 Q2
30,039
21
1
699.1
2013 Q1
30,786
0
0
0.0
2012 Q4
25,004
12
0
479.9
2012 Q3
33,239
3
1
90.3
2012 Q2
29,870
12
6
401.7
2012 Q1
32,428
20
3
616.8
2011 Q4
30,975
0
0
0.0
2011 Q3
32,719
11
4
336.2
2011 Q2
34,078
1
0
29.3
2011 Q1
33,964
4
3
117.8
2010 Q4
32,215
0
0
0.0
2010 Q3
28,454
0
0
0.0
2010 Q2
29,311
1
1
34.1
2010 Q1
26,434
6
0
227.0
2009 Q4
24,094
0
0
0.0
2009 Q3
23,885
3
0
125.6
2009 Q2
22,859
1
0
43.7
2009 Q1
26,649
4
1
150.1
2008 Q4
23,781
2
0
84.1
2008 Q3
15,639
1
0
63.9
No fatalities recorded at this mine.
Reportable incidents
11 on file
2014 · 2 incidents
November 24, 2014KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSLIP OR FALL OF PERSON
Victim was checking oil leak on Cat 777F and was climbing up a step ladder which was leaned up against oil tank. The fiber glass ladder split up each side causing the ladder to semi-fold and him falling to ground landing on right hip and forearm.
Employee was driving a tractor and trailer off a haul road and the truck came out of gear causing the employee to hit a berm that was set up for a run away truck ramp.
2013 · 1 incident
October 7, 2013KY · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorPOWERED HAULAGE
Employee was running a 992G front end loader and was prying rock from the coal and the bucket slipped from under the rock and loader bucket came up and went forward into solid wall.
2011 · 3 incidents
April 25, 2011KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDTOOLS (NONPOWERED)
EE called another EE and said he had gottin the truck out of gear and could not get it back in gear and he had put the truck into a ditch. (Driver error shifting on hill)
Going down steep bank, slipped on slick rock and loose dirt. This did not become a reportable until 9/29/10. The employee had to have surgery on his knee.
2009 · 4 incidents
November 7, 2009KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDTOOLS (NONPOWERED)
Mechanic was working on a customer-owned 785 Rigid Dump Truck steering cylinder. He was using the drag link as a pry point, the bar slipped and came down across his right shoulder. His right shoulder socket was broken. Approximate time off from work - three weeks.
October 3, 2009KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDTOOLS (NONPOWERED)
Employee was installing a fan and pump on 992 G wheel loader. Fan and motor was sitting on machine while chain was bang repositioned. Fan and motor began to fall knocking him to the ground. the fan fell on the right foot. A blade from the fan cut throught the steel toe on his boot severing his big toe.