Mining Incidents

No. 1 Surface Mine: 173 MSHA citations Coal

Controlled by Douglas Warriner
Harlan, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1518687

No. 1 Surface Mine has $97K in proposed MSHA penalties and $11K outstanding across 15 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at No. 1 Surface Mine.

Fatalities
0
Total incidents
16
Years on record
2005–2011
Latest incident
Jul 2011
Compliance record
MSHA citations since 2004
173
citations
35
significant & substantial
$96,933
proposed penalties
$66,560
paid to date
69% of proposed penalties paid to date, a $30,373 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
54
inspections on record
1,259
inspection hours
13.7
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.
173 citations across 1,259 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 1 Surface Mine has $97K in proposed MSHA penalties and $11K outstanding across 15 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.
$97K
proposed penalties
$77K
current assessed
$67K
paid to date
$11K
outstanding
171 assessments are final orders; 15 contested dockets.
Of $73K in penalties contested before the Commission, $52K was upheld in final decisions.
As of the most recent assessment on 2014-06-24.
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.
20.5%
significant & substantial
1.2%
high negligence or reckless
20.5%
reasonably likely or greater
5.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.5% low, 85.4% moderate, 1.2% 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.
56 citations taken to the federal commission · 32% of citations on record
  • Settled 47 · 84%
  • Stood as issued 9 · 16%
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 20 decided S&S contests · industry: 79%
28%
Penalty reduction in decided contests
$73K proposed, $52K 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 2014-09-02.
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 2012-306 Settlement Lesnick 2012 $31K → $21K
KENT 2009-355 Settlement Weisberger 2011 $17K → $14K
KENT 2008-1371 Settlement Melick 2011 $5K → $4K
KENT 2008-1215 Settlement Melick 2011 $5K → $4K
KENT 2009-676 Settlement Lesnick 2011 $4K → $3K
KENT 2012-114 Settlement Lesnick 2012 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 1 Surface Mine shows 100% of 111 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: 2011-10-18, 14 years ago
100%
within 1.5 mg/m3
111
samples
1.21
dust max (mg/m3)
76 samples taken by MSHA inspectors, 35 by the operator.
Most-sampled occupations
  • ROTARY BUCKET EXCAVATOR OPERATOR35
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE30
  • BULLDOZER OPERATOR16

Silica (quartz)

Last sampled: 2011-04-19, 15 years ago
10.7
silica avg (%)
2
samples
10.7
silica max (%)
Most-sampled occupations
  • BACKHOE OPERATOR1
  • ROTARY BUCKET EXCAVATOR OPERATOR1

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: 2011-10-18, 14 years ago
0%
over PEL
57
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE22
  • BULLDOZER OPERATOR13
  • HIGHLIFT OPERATOR/FRONT END LOADER10
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
2011 100% 16
2010 100% 10
2009 100% 14
2008 100% 15
2007 100% 19
2006 100% 20
2005 100% 8
2004 100% 9
Silica (quartz) by year
Year silica avg (%) samples
2011 10.6 1
2005 10.7 1
Noise by year
Year over PEL samples
2011 0% 10
2010 0% 5
2009 0% 10
2008 0% 10
2007 0% 10
2006 0% 5
2005 0% 3
2004 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 1 Surface Mine recorded 11.25 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.
11.25
total case rate
11.25
days-away rate
0.000
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 * 11.25 11.25 0.000
2010 * 9.00 4.50 0.000
2009 * 2.67 2.67 0.000
2008 3.91 1.95 0.000
2006 * 8.56 4.28 0.000
2005 * 2.36 0.00 0.000
2004 * 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. Sequoia Energy LLC 2003 to 2003
  2. Liggett Mining LLC 2003 to 2016
  3. Double Branch Energy, LLC 2016 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)
2020 5
2019 5
2018 0
2016 0
2015 0
2014 5
2013 2
2012 4 1,817
2011 20 46,054
2010 17 54,439
2009 27 209,836
2008 35 200,908
2007 17 52,926
2006 18 204,531
2005 32 188,215
2004 13 116,512
Source: MSHA quarterly employment and production, updated weekly.

No. 1 Surface Mine sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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
2020 Q2 1,177 0 0 0.0
2020 Q1 2,206 0 0 0.0
2019 Q4 2,593 0 0 0.0
2019 Q3 2,593 0 0 0.0
2019 Q2 2,588 0 0 0.0
2019 Q1 2,581 0 0 0.0
2018 Q4 0 0 0
2018 Q3 0 0 0
Show 48 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2018 Q2 0 0 0
2018 Q1 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 477 0 0 0.0
2015 Q1 0 0 0
2014 Q4 1,431 0 0 0.0
2014 Q3 2,205 0 0 0.0
2013 Q4 720 0 0 0.0
2013 Q2 245 0 0 0.0
2013 Q1 288 0 0 0.0
2012 Q4 1,982 0 0 0.0
2012 Q3 1,741 0 0 0.0
2012 Q2 1,449 0 0 0.0
2012 Q1 2,069 0 0 0.0
2011 Q4 9,187 7 5 761.9
2011 Q3 17,960 0 0 0.0
2011 Q2 18,832 14 2 743.4
2011 Q1 7,356 0 0 0.0
2010 Q4 3,375 0 0 0.0
2010 Q3 6,221 0 0 0.0
2010 Q2 18,325 11 1 600.3
2010 Q1 16,524 0 0 0.0
2009 Q4 16,282 9 3 552.8
2009 Q3 14,540 22 0 1513.1
2009 Q2 21,002 5 2 238.1
2009 Q1 23,002 0 0 0.0
2008 Q4 32,274 11 3 340.8
2008 Q3 31,382 7 4 223.1
2008 Q2 25,748 18 3 699.1
2008 Q1 12,906 0 0 0.0
2007 Q4 11,899 10 2 840.4
2007 Q3 7,127 10 0 1403.1
2007 Q1 9,586 5 0 521.6
2006 Q4 11,288 0 0 0.0
2006 Q3 13,810 5 2 362.1
2006 Q2 11,546 0 0 0.0
2006 Q1 10,103 2 0 198.0
2005 Q4 33,378 0 0 0.0
2005 Q3 32,066 0 0 0.0
2005 Q2 9,757 3 1 307.5
2005 Q1 9,711 1 0 103.0
2004 Q4 9,254 0 0 0.0
2004 Q3 8,530 3 0 351.7
2004 Q2 8,234 0 0 0.0
2004 Q1 7,132 5 1 701.1
No fatalities recorded at this mine.

Reportable incidents

16 on file

2011 · 3 incidents

July 27, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Liggett Mining LLC · Caught in, under or between a moving and a stationary object

Replacing final drive on JD 200 CLC excavator using crane truck to lift tracks. EE had put his hand on sprocket while installing it the chain slipped and caught his hand between the sprocket and track.

April 4, 2011 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall to the walkway or working surface

EE was attempting to get on the 992D loader. He had one foot one the loader step and one foot on the ground, when his foot that was on the ground slipped, causing him to fall and land on his back.

March 26, 2011 KY · Coal welder (shop) SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall from machine

EE had been working on the 16G Cat Grader, when he was finished and was climbing down the ladder he slipped off of the steps and landed on his left shoulder.

2010 · 2 incidents

July 19, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

As EE was finished repairing a water truck, he was adjusting the side mirror to back the truck out of the garage area and the mirror broke and a piece of glass cut his left wrist. He was treated at the job site, finished his shift and then received medical attention after his shift. He received 4 stitches and was released to return to work.

April 14, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Liggett Mining LLC · Over-exertion (Not Elsewhere Classified)

EE stated that he injured his back as he was climbing down the ladder of the 777 as he was exiting the truck at he end of his shift. He stated that he was OK and refused medical treatment. He worked his shift the next day and then did not return to work. He consulted a Dr on April 17th and has not returned at this time.

2009 · 5 incidents

December 4, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Liggett Mining LLC · Struck against a moving object

Driver was driving tandem coal truck from underground mine to prep plant on the normal haul road, when he got too close to the ditch in a curve and started spinning in the mud on the side of the road and slid into the ditch, causing the truck to lay on its side. The driver hit his head on something inside the cab, giving it a small cut.

June 26, 2009 KY · Coal coal/ore shovel operator, shoveler, power shoveler MACHINERY
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

Employee was loading a truck when dust and fine pieces of rock came back on him hitting him in his right eye. His right eye lid was bruised but no apparent damage to his right eye.

June 2, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Liggett Mining LLC · Struck against a moving object

THE WATER TRUCK DRIVER WAS TAKING A LOAD OF WATER TO THE STRIP MINE ROAD WHEN HE CAME DOWN A HILL TOO FAST AND RAN INTO A SMALL STOCKPILE OF GRAVEL. HE THEN BACKED UP AND CONTINUED ON TO PUT THE LOAD OF WATER ON THE ROAD.

April 8, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDTOOLS (NONPOWERED)
Liggett Mining LLC · Over-exertion (Not Elsewhere Classified)

TRUCK DRIVER WAS TIGHTENING HIS WHEELS WHEN HE TURNED AND TWISTED HIS ANKLE.

January 28, 2009 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Liggett Mining LLC · Over-exertion in lifting objects

EE was loading truck, had stabbing pain in back. No one witnessed the accident.

2008 · 2 incidents

April 16, 2008 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall to the walkway or working surface

EE was walking on the 992 loader when he tripped and fell, spraining his right wrist.

April 3, 2008 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Liggett Mining LLC · Over-exertion in lifting objects

Employee had lifted a five gallon can of oil up onto his 777 truck when he felt a sharp pain in lower back.

2006 · 2 incidents

July 28, 2006 KY · Coal pumper HANDLING OF MATERIALS
Liggett Mining LLC · Over-exertion (Not Elsewhere Classified)

EE stated that he was pulling a service hose from the reel of the service truck when he felt pain in his lower back. EE went home and consulted a Dr. who odered x-rays which were nega- tive. The Dr ordered an MRI and EE is currently losing time.

June 22, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

Employee was working on a hose clamp when it broke and cut his hand. He was transported to the hospital and received three stitches to his hand. He returned to work and has not lost any time.

2005 · 2 incidents

April 30, 2005 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Liggett Mining LLC · Fall to the walkway or working surface

Employee was walking to his service truck and apparently blacked out. He stated that he did not remember falling and did not trip. He was transported to the hospital where he received 3 stitches to his lip. He returned to work 5/2/05 his next scheduled shift.

March 15, 2005 KY · Coal driller, highwall operator, highwall drill operator HANDTOOLS (NONPOWERED)
Liggett Mining LLC · Struck by... (Not Elsewhere Classified)

EE was cutting a dust hose off a highwall drill when pocket knife used to cut hose slipped lacerating left thumb.