Mining Incidents

Moseley Spur: 383 MSHA citations Coal

Controlled by James River Coal Company
Middlesboro, Bell County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518939

Moseley Spur has $152K in proposed MSHA penalties and $0 outstanding across 31 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
23
Years on record
2006–2009
Latest incident
Jun 2009
Compliance record
MSHA citations since 2005
383
citations
143
significant & substantial
$152,105
proposed penalties
$130,761
paid to date
86% of proposed penalties paid to date, a $21,344 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
39
inspections on record
2,527
inspection hours
15.2
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.
383 citations across 2,527 inspection hours.
Source: MSHA inspections data, updated weekly.

Moseley Spur has $152K in proposed MSHA penalties and $0 outstanding across 31 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.
$152K
proposed penalties
$131K
current assessed
$131K
paid to date
$0
outstanding
376 assessments are final orders; 31 contested dockets.
Of $130K in penalties contested before the Commission, $85K was upheld in final decisions.
As of the most recent assessment on 2009-09-29.
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.
38.0%
significant & substantial
0.3%
high negligence or reckless
38.8%
reasonably likely or greater
5.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 17.6% low, 82.2% moderate, 0.3% 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.
241 citations taken to the federal commission · 63% of citations on record
  • Settled 229 · 95%
  • Stood as issued 3 · 1%
  • Vacated or withdrawn 9 · 4%
89%
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 84 decided S&S contests · industry: 79%
35%
Penalty reduction in decided contests
$130K proposed, $85K 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 2009-06-24.
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 2008-1030 Settlement Weisberger 2009 $22K → $15K
KENT 2008-176 Withdrawal Lesnick 2013 $16K → $0
KENT 2009-119 Settlement Rae 2011 $15K → $7K
KENT 2008-848 Settlement Weisberger 2009 $12K → $8K
KENT 2008-1338 Settlement Feldman 2012 $9K → $8K
KENT 2009-848 Settlement Paez 2010 $9K → $8K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Moseley Spur shows 95% of 245 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: 2009-06-23, 17 years ago
95%
within 1.5 mg/m3
245
samples
2.41
dust max (mg/m3)
111 samples taken by MSHA inspectors, 134 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR119
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)24
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)14

Silica (quartz)

Last sampled: 2008-12-08, 17 years ago
7.2
silica avg (%)
13
samples
10.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR7

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: 2009-05-11, 17 years ago
9%
over PEL
56
samples
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)12
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)12
  • CONTINUOUS MINER OPERATOR11
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
2009 97% 38
2008 99% 73
2007 89% 70
2006 97% 64
Silica (quartz) by year
Year silica avg (%) samples
2008 5.4 3
2007 8.4 5
2006 7.2 5
Noise by year
Year over PEL samples
2009 0% 15
2008 14% 14
2007 14% 14
2006 8% 13
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Moseley Spur recorded 5.85 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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.
5.85
total case rate
3.90
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In Kentucky, coal mining averaged 4.87 cases per 100 workers that year.
Year total case rate days-away fatal
2008 5.85 3.90 0.000
2007 * 11.21 2.24 0.000
2006 * 5.64 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. Bell County Coal Corporation 2005 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)
2009 27 97,482
2008 41 315,617
2007 40 295,386
2006 30 262,791
2005 10 1,470
Source: MSHA quarterly employment and production, updated weekly.

Moseley Spur sits in Bell County, Kentucky, where the Census mining category is 3.6% 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.
Bell County, Kentucky · Population 23,878
3.6%
Mining share of county employment
$32,403
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
2009 Q3 14 1 0 71428.6
2009 Q2 21,669 45 15 2076.7
2009 Q1 24,323 42 17 1726.8
2008 Q4 24,630 32 7 1299.2
2008 Q3 25,121 34 9 1353.4
2008 Q2 25,893 32 4 1235.9
2008 Q1 26,989 38 12 1408.0
2007 Q4 17,927 19 9 1059.9
Show 8 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q3 25,171 10 6 397.3
2007 Q2 23,561 30 9 1273.3
2007 Q1 22,570 6 3 265.8
2006 Q4 21,676 18 10 830.4
2006 Q3 19,404 29 18 1494.5
2006 Q2 16,669 21 16 1259.8
2006 Q1 13,153 20 6 1520.6
2005 Q4 1,747 1 0 572.4
No fatalities recorded at this mine.

Reportable incidents

23 on file

2009 · 3 incidents

June 12, 2009 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator OTHER
Bell County Coal Corporation · Bodily reaction, (Not Elsewhere Classified)

EE stated that he was kneeled down adding hydraulic oil to the shuttle car and when he attemted to stand up, his right knee would not straighten. EE saw the Dr. who applied a motion limiting brace to the knee and he returned to work on the next scheduled shift.

June 8, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) STEPPING OR KNEELING ON OBJECT
Bell County Coal Corporation · Struck against stationary object

Employee was using the MRS Remote when he stepped on a crib block and strained his left knee. He continued to work until 7-13-09 when he missed work in preparation for surgery on 7-14-09.

April 14, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Bell County Coal Corporation · Struck by falling object

EE was installing cable roof bolts, when a small piece of rock appx 6" in dia. X 1/8 " thick fell and struck him on the nose, resulting in 12 stitches to the 1" long laceration.

2008 · 11 incidents

November 22, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Bell County Coal Corporation · Fall to the walkway or working surface

Employee was assisting in removing the drums from the continuous miner when the bar they were using in the railroad jack slipped causing injured to fall backward. He was transported to the hospital with a broken knee cap and miniscus. Employee had surgery on 11-26-08 and is a lost time injury.

June 21, 2008 KY · Coal FALL OF ROOF OR BACK
Bell County Coal Corporation · Accident type, without injuries

An unintentional roof fall occurred in the #2 entry 60 feet outby spad #717. The fall was approx. 16 feet wide x 18 feet long x 70 inches thick. No persons, equipment nor ventilation was affected. The fall has been inspected by MSHA and roof trusses are being installed as roof support.

May 30, 2008 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator OTHER
Bell County Coal Corporation · (Not Elsewhere Classified)

EE was operating the shuttle car when he suffered a heart attack.

May 10, 2008 KY · Coal FALL OF ROOF OR BACK
Bell County Coal Corporation · Accident type, without injuries

This is a report a continuation of a rock fall reported at spad 511 on 5-6-08. The rock fall has extended toward the south west mains to spad 601. The fall has not affected persons, equipment nor ventilation.

May 5, 2008 KY · Coal FALL OF ROOF OR BACK
Bell County Coal Corporation · Accident type, without injuries

A rock fall was discovered in the #1 entry 20 feet outby spad 534 in the 2nd sw mains. The fall was aprox 20' long x1 8' wide x 64 inches thick. The fall did not affect persons, equipment nor ventilation.

April 30, 2008 KY · Coal FALL OF ROOF OR BACK
Bell County Coal Corporation · Accident type, without injuries

A roof fall was discovered in the #2 entry 20 feet outby spad 511 in the 2nd west mains. The fall is appx. 18'wide x 20' long x 64 "high. No persons, equipment nor ventilation was affected.

April 30, 2008 KY · Coal FALL OF ROOF OR BACK
Bell County Coal Corporation · Accident type, without injuries

A roof fall was discovered in the 2nd west mains in the #3 entry at spad 509. The fall is approximately 20'long x 20' wide x 70"high. The fall did not affect persons, equipment nor ventilation.

April 30, 2008 KY · Coal FALL OF ROOF OR BACK
Bell County Coal Corporation · Accident type, without injuries

A roof fall was discovered 70' outby spad 521 in the #2 entry of the snd sw mains. The fall was apx. 20'long x 18'wide x 64 " thick. The fall did not affect persons, equipment nor ventilation.

March 1, 2008 KY · Coal FALL OF ROOF OR BACK
Bell County Coal Corporation · Accident type, without injuries

The #1 MRS was 150 inby spad #635 when it became disabled and would not tram. After attempting to correct the problem the roof conditions deteriorated and fell in on the MRS. The fall area was approximately 20'x20'x 10 feet thick. No persons were affected by the fall. MSHA was contacted and monitored the recovery process.

January 16, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Bell County Coal Corporation · Caught in, under or between (Not Elsewhere Classified)

Employee had drilled a hole and stuck the roof bolt in the hole and was preparing to push the bolt up. The bolt didn't align with the wrench so he was going to bump the rotation and caught his glove around the roof bolt. He received 22 stitches to his left hand. He returned to work underground on his next scheduled shift.

January 9, 2008 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Bell County Coal Corporation · Caught in, under or between a moving and a stationary object

EE stated that he was changing a fitting on a shuttle car and went to remove a crib block, when he caught the index finger on his left hand, crushing the tip. Approximately 1 inch of the finger tip was removed surgically. EE returned to work on the next scheduled shift.

2007 · 7 incidents

October 28, 2007 KY · Coal FALL OF ROOF OR BACK
Bell County Coal Corporation · Accident type, without injuries

A ROCK FALL WAS DISCOVERED IN THE #2 ENTRY APPROXIMATELY 70 FEET OUTBY SPAD #533 DURING THE PRESHIFT EXAMINATION AT 8:30 PM. THE FALL WAS APPROX. 20' LONG X 18' WIDE AND 10 FEET IN THICKNESS. THE ESCAPEWAY WAS REROUTED, THE ROCK FALL CLEANED UP AND THE ROOF RESUPPORTED WITH ARCHES. IT DID NOT AFFECT PERSONS, VENTILATION NOR EQUIPMENT.

May 31, 2007 KY · Coal FALL OF ROOF OR BACK
Bell County Coal Corporation · Accident type, without injuries

A roof fall above anchorage occurred in the belt entry one crosscut from the outside. The fall was approximately 25'x18'x7'high. The fall was reported and investigated by msha. The area is being cleaned up and arches installed in the area.

May 29, 2007 KY · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
Bell County Coal Corporation · Fall onto or against objects

Employee was backing the miner out of a cut when a small piece of rock fell from the roof, struck him on the back and caused him to fall on the remote box for the continuous miner. He was treated for bruising to the abdominal area and returned to light duty work on the next shift.

May 8, 2007 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Bell County Coal Corporation · Struck by falling object

EE WAS WATCHING THE MINER CABLE WHEN A PIECE OF ROCK APPX. 12 INCHES X 12 INCHES UP TO 1 INCH THICK FELL FROM THE ROOF AND STRUCK HIS RIGHT RING FINGER. HE RECEIVED 9 STITCHES AT THE HOSPITAL AND RETURNED TO WORK ON THE FOLLOWING SHIFT.

May 1, 2007 KY · Coal utility man, errand boy, service truck operator HANDTOOLS (NONPOWERED)
Bell County Coal Corporation · Struck by... (Not Elsewhere Classified)

EE WAS CUTTING BELT WITH A UTILITY KNIFE, WHEN HE CUT HIS LEFT THIGH. HE WAS TRANSPORTED TO THE HOSPITAL WHERE RECIEVED 5 STITCHES TO HIS LEG. HE CONTINUED TO WORK AND IS NOT A LOST TIME ACCIDENT.

March 8, 2007 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Bell County Coal Corporation · Caught in, under or between a moving and a stationary object

EE stated that he was moving a continuous miner cable over to the rib and had turned, the rib rolled off and struck him on the right leg in the calf and knee area. EE's knee was pinned against a parked shuttle car by the material from the rib. EE was transported to the hospital where it was determined that he had a fracture to the tibia near the knee.

February 2, 2007 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Bell County Coal Corporation · Fall onto or against objects

Employee was standing on a step ladder, attempting to hang a cable from the roof when he fell off the ladder striking the ladder as he fell. He was transported to MARH where it was determined that he had fractured 3 ribs. He returned to work on the next regular scheduled shift on light duty without loss of time.

2006 · 2 incidents

November 4, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Bell County Coal Corporation · Struck by... (Not Elsewhere Classified)

Employee was using a utility knife to cut the conveyor belt when the knife slipped and cut his right leg. He consulted the doctor and received 2 stitches. He did not lose any time from work.

August 14, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Bell County Coal Corporation · Struck by... (Not Elsewhere Classified)

As EE was trying to center bolt wrench in chuck, the wrench started to spin twisting right hand around wrench causing two fingers to be lacerated.