Mining Incidents

No. 1 Wallins: 486 MSHA citations Coal

K & D Mining · Underground
Closplint, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1518562

No. 1 Wallins has $120K in proposed MSHA penalties and $96K outstanding across 20 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2005–2009
Latest incident
Oct 2009
Compliance record
MSHA citations since 2002
486
citations
118
significant & substantial
$120,414
proposed penalties
$21,557
paid to date
18% of proposed penalties paid to date, a $98,857 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
67
inspections on record
3,435
inspection hours
14.1
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.
486 citations across 3,435 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 1 Wallins has $120K in proposed MSHA penalties and $96K outstanding across 20 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.
$120K
proposed penalties
$118K
current assessed
$22K
paid to date
$96K
outstanding
465 assessments are final orders; 20 contested dockets.
Of $13K in penalties contested before the Commission, $11K was upheld in final decisions.
As of the most recent assessment on 2010-01-20.
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.
25.2%
significant & substantial
1.3%
high negligence or reckless
25.6%
reasonably likely or greater
9.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.2% low, 95.5% moderate, 1.3% 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.
53 citations taken to the federal commission · 11% of citations on record
  • Settled 53 · 100%
88%
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 48 decided S&S contests · industry: 79%
17%
Penalty reduction in decided contests
$12K proposed, $10K 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 2007-09-18.
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 2005-257 Settlement Weisberger 2005 $2K → $1K
KENT 2007-581 Settlement Barbour 2008 $2K → $2K
KENT 2005-407 Settlement Hodgdon 2006 $1K → $1K
KENT 2007-190 Settlement Barbour 2008 $1K → $828
KENT 2007-122 Settlement Zielinski 2007 $1K → $1K
KENT 2007-582 Settlement Barbour 2008 $890 → $890
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 1 Wallins shows 96% of 393 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: 2010-01-22, 16 years ago
96%
within 1.5 mg/m3
393
samples
4.77
dust max (mg/m3)
208 samples taken by MSHA inspectors, 185 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR175
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)28
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)23

Silica (quartz)

Last sampled: 2010-01-22, 16 years ago
5.8
silica avg (%)
28
samples
12.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR16

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: 2009-11-12, 16 years ago
0%
over PEL
53
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)10
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)9
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)9
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
2010 91% 11
2009 92% 63
2008 93% 29
2007 97% 30
2006 100% 64
2005 98% 89
2004 97% 88
2003 100% 19
Silica (quartz) by year
Year silica avg (%) samples
2010 4.0 1
2009 5.3 8
2008 6.2 1
2007 6.1 1
2006 8.6 3
2005 4.9 5
2004 5.8 9
Noise by year
Year over PEL samples
2009 0% 15
2008 0% 5
2006 0% 9
2005 0% 14
2004 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 1 Wallins recorded 5.17 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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.
5.17
total case rate
2.59
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Kentucky, coal mining averaged 5.04 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
2009 * 5.17 2.59 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 3.82 3.82 0.000
2005 * 0.00 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. Rex Coal Co. Inc. 2002 to 2008
  2. K & D Mining 2008 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)
2010 8 20,744
2009 36 147,002
2008 18 68,536
2007 11 32,875
2006 18 90,692
2005 19 100,767
2004 16 82,382
2003 6 27,648
Source: MSHA quarterly employment and production, updated weekly.

No. 1 Wallins 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
2010 Q4 0 0 0
2010 Q3 0 0 0
2010 Q2 0 0 0
2010 Q1 11,087 20 3 1803.9
2009 Q4 18,516 29 6 1566.2
2009 Q3 18,174 39 10 2145.9
2009 Q2 20,160 19 5 942.5
2009 Q1 20,511 67 19 3266.5
Show 23 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q4 19,668 37 3 1881.2
2008 Q3 12,745 26 10 2040.0
2008 Q2 3,250 18 5 5538.5
2008 Q1 25 0 0 0.0
2007 Q4 0 0 0
2007 Q3 1,598 0 0 0.0
2007 Q2 12,413 7 2 563.9
2007 Q1 12,729 25 3 1964.0
2006 Q4 13,763 19 4 1380.5
2006 Q3 13,776 16 6 1161.4
2006 Q2 11,962 5 1 418.0
2006 Q1 12,922 8 2 619.1
2005 Q4 13,325 3 0 225.1
2005 Q3 13,398 5 1 373.2
2005 Q2 14,296 24 9 1678.8
2005 Q1 14,058 20 9 1422.7
2004 Q4 12,813 11 3 858.5
2004 Q3 11,882 12 1 1009.9
2004 Q2 11,442 15 0 1311.0
2004 Q1 9,449 9 4 952.5
2003 Q4 7,279 14 3 1923.3
2003 Q3 5,557 21 2 3779.0
2003 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2009 · 2 incidents

October 24, 2009 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator EXPLODING VESSELS UNDER PRESSURE
K & D Mining · Struck by flying object

Tire blew out on shuttle car he was operating.

August 11, 2009 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
K & D Mining · Over-exertion in lifting objects

Lifting belt structure, strained back

2006 · 1 incident

January 25, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Rex Coal Co. Inc. · Caught in, under or between (Not Elsewhere Classified)

Ee pinched his finger between the drill steel and chuck on a roof bolter.

2005 · 1 incident

June 13, 2005 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Rex Coal Co. Inc. · Struck against stationary object

A RD-800 MACK TRUCK LOADED AT THE W-1 MINE PIT & WAS GOING OFF THE HAUL ROAD WHEN DRIVESHAFT CAME OUT & THE DRIVER TRIED TO RIDE IT OUT. THE DRIVER JUMPED FROM THE TRUCK WHICH LEAD TO HIM HAVING A SERIOUS HEAD INJURY.