Mining Incidents

Moose No. 1: 170 MSHA citations Coal

Banner Inc. · Underground
Controlled by Anthony McPeek
Pikeville, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518301

Moose No. 1 has $17K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
2001–2004
Latest incident
Nov 2004
Compliance record
MSHA citations since 2001
170
citations
63
significant & substantial
$17,054
proposed penalties
$16,104
paid to date
94% of proposed penalties paid to date, a $950 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
54
inspections on record
1,638
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.
170 citations across 1,638 inspection hours.
Source: MSHA inspections data, updated weekly.

Moose No. 1 has $17K in proposed MSHA penalties and $0 outstanding across 4 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.
$17K
proposed penalties
$16K
current assessed
$16K
paid to date
$0
outstanding
167 assessments are final orders; 4 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2005-01-11.
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.
37.7%
significant & substantial
3.0%
high negligence or reckless
35.3%
reasonably likely or greater
10.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.4% low, 85.6% moderate, 3.0% 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.
20 citations taken to the federal commission · 12% of citations on record
  • Settled 19 · 95%
  • Stood as issued 1 · 5%
95%
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 20 decided S&S contests · industry: 79%
24%
Penalty reduction in decided contests
$4K proposed, $3K 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 2005-02-24.
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 2005-54 Settlement Lesnick 2005 $2K → $2K
KENT 2004-334 Settlement Lesnick 2005 $825 → $655
KENT 2005-153 Settlement Lesnick 2005 $681 → $340
KENT 2003-407 Settlement Lesnick 2003 $321 → $60
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Moose No. 1 shows 98% of 299 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: 2005-03-29, 21 years ago
98%
within 1.5 mg/m3
299
samples
5.42
dust max (mg/m3)
146 samples taken by MSHA inspectors, 153 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR145
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)39
  • SCOOP CAR OPERATOR18

Silica (quartz)

Last sampled: 2004-10-25, 21 years ago
6.8
silica avg (%)
16
samples
15.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR12

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: 2004-02-18, 22 years ago
7%
over PEL
15
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)5
  • CONTINUOUS MINER OPERATOR3
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)3
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
2005 100% 19
2004 100% 74
2003 100% 77
2002 95% 79
2001 94% 50
Silica (quartz) by year
Year silica avg (%) samples
2004 7.2 7
2003 5.5 2
2002 7.0 2
2001 6.7 5
Noise by year
Year over PEL samples
2004 0% 5
2003 20% 5
2002 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Moose No. 1 recorded 6.99 reportable injury cases per 100 full-time workers in 2004.

Injury rate, 2004
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.
6.99
total case rate
6.99
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 5.57 and the all-US-mining average was 4.33 cases per 100 workers.
In Kentucky, coal mining averaged 5.89 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
2004 * 6.99 6.99 0.000
2003 * 10.85 7.23 0.000
2002 * 19.12 19.12 0.000
2001 * 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. Lodestar Energy Inc 2000 to 2001
  2. Banner Inc. 2001 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)
2005 20 30,677
2004 23 234,904
2003 23 268,808
2002 26 236,467
2001 14 140,132
Source: MSHA quarterly employment and production, updated weekly.

Moose No. 1 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
2005 Q2 2,426 0 0 0.0
2005 Q1 10,425 2 0 191.8
2004 Q4 13,107 20 6 1525.9
2004 Q3 14,286 29 16 2030.0
2004 Q2 15,291 3 0 196.2
2004 Q1 14,577 6 0 411.6
2003 Q4 15,514 12 5 773.5
2003 Q3 14,542 14 5 962.7
Show 10 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2003 Q2 13,460 9 3 668.6
2003 Q1 11,795 6 1 508.7
2002 Q4 12,514 6 2 479.5
2002 Q3 13,905 4 0 287.7
2002 Q2 12,559 14 7 1114.7
2002 Q1 13,313 6 3 450.7
2001 Q4 11,368 7 2 615.8
2001 Q3 8,977 9 4 1002.6
2001 Q2 9,498 12 3 1263.4
2001 Q1 569 1 0 1757.5
No fatalities recorded at this mine.

Reportable incidents

12 on file

2004 · 2 incidents

November 19, 2004 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Banner Inc. · Struck by flying object

Employee was loading bolter supplies, moved plate pallet, and cut band on the pallet and the band flew up and hit him in the left eye. (EE WAS NOT WEARING SAFETY GLASSES.)

February 2, 2004 KY · Coal

EE WAS CHANGING A WIRE ON A BUGGY WHEN THE BUGGYSTARTED AND RAN UP HIS LEFT LEG AND JAMMED HIS LEG UP INTO HIS BACK AND LEFT SIDE.

2003 · 4 incidents

December 2, 2003 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator

EE WAS HAULING COAL WITH S-CAR WHEN HE RAN OVER A ROCK IN THE ROADWAY. THE CANOPY HIT THE MINE ROOF, THROWING THE OPERATOR OUT OF THE CAR, FALLING ON HIS LEFT HIP.

September 8, 2003 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Banner Inc. · Over-exertion (Not Elsewhere Classified)

EE WAS USING A HAND DRILL TO ANCHOR TAIL PIECE AND WHILE HE WAS CLEANING DUST FROM THE HOLE HE CAUGHT HIS GLOVE AND TWISTED HIS RIGHT HAND, INJURING HIS WRIST.

May 20, 2003 KY · Coal

THE FOREMAN HAD SOME SUSPICION AS TO THE EE REACTIONS WHEN HE CONFRONTED THE EE THE EE STATED THAT HE WANTS TO QUIT. THE FOREMAN STARTED OUT OF THE MINE & THE EE SAID HE HURT HIS BACK WHILE ON THE RIDE OUT.

March 17, 2003 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Banner Inc. · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS ATTEMPTING TO REMOVE A BROKEN SHEAR PIN FROM FEEDER WHEN HE UNINTENTIONALLY STRUCK PUNCH BETWEEN SHEAR WHEELS AND THE PUNCH BROKE, HITTING EMPLOYEE IN THE MOUTH.

2002 · 5 incidents

August 9, 2002 KY · Coal electrician, lineman ELECTRICAL
Banner Inc. · Contact with electrical current

THE EMPLOYEE WAS TROUBLE SHOOTING ON THE PANEL OF A SHUTTLE CAR 480 V WHEN A PART OF HIS BODY CONTACTED AN ENERGISED PART. A FAULTY DIODE WAS PREVENTING THE BRAKER FROM ENERGING. THE EMPLOYEE WAS TAKEN TO PIKEVILLE HOSPITAL FOR TREATMENT AND OBSERVATION, RELEASED TO RETURN TO WORK.

June 26, 2002 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Banner Inc. · Struck by falling object

EE WAS BOLTING TOP WHEN A DRAW ROCK FELL, STRIKING HIS FINGER.

April 1, 2002 KY · Coal motorman, motor person, swamper, switchman, locomotive operator HANDLING OF MATERIALS
Banner Inc. · Over-exertion in lifting objects

STRAINED LOWER BACK LIFT AT BELT AND STRUCTURE.

March 26, 2002 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Banner Inc. · Struck by... (Not Elsewhere Classified)

EE WAS USING ROOF BOLTER AND IT SMASHED HIS RT. LITTLE FINGER.

March 25, 2002 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Banner Inc. · Over-exertion in pulling or pushing objects

EE WAS PULLING CURTAIN AROUND BUGGY WHEEL, FELT PAIN IN LOWER BACK.

2001 · 1 incident

October 10, 2001 KY · Coal FALL OF ROOF OR BACK
Banner Inc. · Accident type, without injuries

1L OFF MAIN AT 171, HILL SEAM DROP OUT. ABOUT 45' THICK DURING A TRIPLE A INSPECTION. THE FALL WAS INVESTIGATED, WAS TIMBERED AND DANGERED OFF. 10-10-01.