Mining Incidents

No 1: 240 MSHA citations Coal

C & N Mining LLC · Underground
Raccoon, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518963

No 1 has $122K in proposed MSHA penalties and $57K outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
11
Years on record
2006–2009
Latest incident
Feb 2009
Compliance record
MSHA citations since 2006
240
citations
95
significant & substantial
$122,229
proposed penalties
$64,862
paid to date
53% of proposed penalties paid to date, a $57,367 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
31
inspections on record
1,918
inspection hours
12.5
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.
240 citations across 1,918 inspection hours.
Source: MSHA inspections data, updated weekly.

No 1 has $122K in proposed MSHA penalties and $57K 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.
$122K
proposed penalties
$122K
current assessed
$65K
paid to date
$57K
outstanding
231 assessments are final orders; 5 contested dockets.
Of $57K in penalties contested before the Commission, $57K was upheld in final decisions.
As of the most recent assessment on 2009-03-05.
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.
41.1%
significant & substantial
1.7%
high negligence or reckless
41.6%
reasonably likely or greater
21.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.4% none, 14.7% low, 83.1% moderate, 1.7% 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.
30 citations taken to the federal commission · 13% of citations on record
  • Settled 11 · 37%
  • Stood as issued 19 · 63%
100%
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 19 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$57K proposed, $57K 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 2009-10-21.
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 2009-1184 Settlement Barbour 2011 $32K → $32K
KENT 2009-1185 Settlement Barbour 2011 $11K → $11K
KENT 2009-360 Default Feldman 2013 $5K → $5K
KENT 2009-359 Settlement Barbour 2011 $5K → $5K
KENT 2010-114 Settlement Barbour 2011 $4K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 1 shows 91% of 151 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: 2009-03-16, 17 years ago
91%
within 1.5 mg/m3
151
samples
2.81
dust max (mg/m3)
67 samples taken by MSHA inspectors, 84 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR86
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)18
  • SCOOP CAR OPERATOR10

Silica (quartz)

Last sampled: 2008-09-04, 18 years ago
4.3
silica avg (%)
10
samples
6.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR4

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: 2009-03-05, 17 years ago
12%
over PEL
26
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)6
  • CONTINUOUS MINER OPERATOR4
  • SCOOP CAR OPERATOR3
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 94% 18
2008 88% 52
2007 94% 53
2006 89% 28
Silica (quartz) by year
Year silica avg (%) samples
2008 3.8 4
2007 5.3 2
2006 4.3 4
Noise by year
Year over PEL samples
2009 0% 1
2008 15% 13
2006 8% 12
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 1 recorded 12.76 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.
12.76
total case rate
7.66
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.
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
2008 * 12.76 7.66 0.000
2007 * 8.72 8.72 0.000
2006 * 16.34 16.34 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. Bizzack I Inc 2006 to 2006
  2. C & N Mining LLC 2006 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 15 49,512
2008 39 217,056
2007 31 318,298
2006 14 68,143
Source: MSHA quarterly employment and production, updated weekly.

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
2009 Q3 0 0 0
2009 Q2 700 0 0 0.0
2009 Q1 23,924 12 5 501.6
2008 Q4 17,064 26 14 1523.7
2008 Q3 18,457 100 39 5418.0
2008 Q2 21,717 11 4 506.5
2008 Q1 21,133 13 1 615.2
2007 Q4 14,858 9 5 605.7
Show 7 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q3 22,243 21 9 944.1
2007 Q2 18,780 15 7 798.7
2007 Q1 12,931 11 3 850.7
2006 Q4 13,071 13 4 994.6
2006 Q3 6,676 4 2 599.2
2006 Q2 3,231 0 0 0.0
2006 Q1 1,499 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

11 on file

2009 · 1 incident

February 19, 2009 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
C & N Mining LLC · Fall onto or against objects

Stepping out of back of truck, lost footage and landed on tailgate and ball of bumper on left side. Went to ER and took X-ray, nothing broke, just bruised.

2008 · 5 incidents

September 19, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) ELECTRICAL
C & N Mining LLC · Flash burns (electric)

Employee went to de-energize a water pump. He knocked the wrong breaker. Pulled the receptacle out under a load which caused an arc. Flash burned him on hands & neck.

June 27, 2008 KY · Coal supply man, supply worker, nipper HANDLING OF MATERIALS
C & N Mining LLC · Caught in, under or between a moving and a stationary object

Victim was stacking metal structure. He caught his finger between the structure and the mine roof, cutting his finger, requiring stitches to finger. Victim did not miss any work and is on limited duty.

May 30, 2008 KY · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
C & N Mining LLC · Struck by falling object

Miner operator was cleaning up cut. Draw rock fell at 4th row of bolts outby face, striking him and causing injury to right knee area. Rock fell from between roof bolts.

April 1, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
C & N Mining LLC · Struck by falling object

Victim was operating a continuous miner via remote control, when he failed to see a piece of roof rock that had sagged, and the rock fell, striking him on the head, resulting in neck and back pain. He is expected to be back to work on 4/7/08, and suffered no apparent injury. this info is the latest info we have at this time.

March 24, 2008 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
C & N Mining LLC · Over-exertion in lifting objects

Victim was hanging his shuttle car cable at a new location, when he stated he felt pain in his lower back. He worked the shift and did not miss any work. Later the pain became worse and he saw a doctor on his day off. He has a bulging disc in his lower back. Victim has not missed work at this time, but is on restricted duty.

2007 · 3 incidents

June 8, 2007 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
C & N Mining LLC · Caught in, under or between (Not Elsewhere Classified)

Miner was in the process of installing roof bolts when his glove became entangled, resulting in a broken finger.

May 23, 2007 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
C & N Mining LLC · Over-exertion (Not Elsewhere Classified)

While shoveling belt, miner apparently hurt or strained his back.

May 22, 2007 KY · Coal continuous miner operator, coal mole operator SLIP OR FALL OF PERSON
C & N Mining LLC · Fall to the walkway or working surface

EE simply fell down while underground, as witnessed by another EE. Inj EE said he was ok & not hurt when asked & worked until 4pm & left mine to vote. Inj EE did not report any injury to management prior to leaving the mine.

2006 · 2 incidents

December 7, 2006 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator FALL OF ROOF OR BACK
C & N Mining LLC · Struck by falling object

Draw rock fell employee resulting in a 1 1/2 inch facial cut above the right eye. He was assisting the bolting machine men.

November 8, 2006 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
C & N Mining LLC · Struck against a moving object

While operating shuttle car, employee hit a bump and bounced him up in his seat, generating pain in his lower back he continued to operator his machine until pain intensified to the point that he felt he needed to go to the dr about 1/2 hour.