Mining Incidents

No 10: 237 MSHA citations Coal

Cliffco Enterprise Inc · Underground
Controlled by Cliff Bartley
Banner, Floyd County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1517632

No 10 has $64K in proposed MSHA penalties and $59K outstanding across 1 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at No 10.

Fatalities
0
Total incidents
4
Years on record
1997–2008
Latest incident
Oct 2008
Compliance record
MSHA citations since 2000
237
citations
90
significant & substantial
$63,535
proposed penalties
$4,488
paid to date
7% of proposed penalties paid to date, a $59,047 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
50
inspections on record
1,426
inspection hours
16.6
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.
237 citations across 1,426 inspection hours.
Source: MSHA inspections data, updated weekly.

No 10 has $64K in proposed MSHA penalties and $59K outstanding across 1 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.
$64K
proposed penalties
$63K
current assessed
$4K
paid to date
$59K
outstanding
216 assessments are final orders; 1 contested dockets.
Of $925 in penalties contested before the Commission, $750 was upheld in final decisions.
As of the most recent assessment on 2009-04-07.
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
4.1%
high negligence or reckless
40.8%
reasonably likely or greater
13.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.8% low, 88.1% moderate, 4.1% 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.
3 citations taken to the federal commission · 1% of citations on record
  • Settled 3 · 100%
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 3 decided S&S contests · industry: 79%
19%
Penalty reduction in decided contests
$925 proposed, $750 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 2004-11-02.
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 2005-42 Settlement Lesnick 2006 $925 → $750
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 10 shows 92% of 117 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: 2009-03-13, 17 years ago
92%
within 1.5 mg/m3
117
samples
2.98
dust max (mg/m3)
64 samples taken by MSHA inspectors, 53 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR55
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)12
  • SCOOP CAR OPERATOR11

Silica (quartz)

Last sampled: 2009-02-11, 17 years ago
8.2
silica avg (%)
9
samples
14.5
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: 2008-10-06, 17 years ago
0%
over PEL
14
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR3
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)3
  • CONTINUOUS MINER OPERATOR2
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 78% 23
2008 93% 55
2007 100% 39
Silica (quartz) by year
Year silica avg (%) samples
2009 11.2 1
2008 8.4 6
2007 6.2 2
Noise by year
Year over PEL samples
2008 0% 10
2007 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 10 recorded 12.32 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.
12.32
total case rate
12.32
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.
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. Diablo Coal Company 1994 to 1995
  2. Clintco Enterprises Inc 1995 to 1996
  3. Ebenezer Coal Company Inc 1996 to 1997
  4. Prater Creek Coal Corp 1997 to 2001
  5. North Star Mining Inc 2001 to 2001
  6. Bull Creek Coal Corporation 2001 to 2004
  7. Cliffco Enterprise, Inc. 2004 to 2005
  8. Bull Creek Coal Corp 2005 to 2006
  9. Cliffco Enterprise Inc 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)
2010 0
2009 4 13,733
2008 19 83,886
2007 10 43,169
2006 5
2005 0
2004 0
2003 0
2002 0
2001 3 136
2000 0
Source: MSHA quarterly employment and production, updated weekly.

No 10 sits in Floyd County, Kentucky, where the Census mining category is 4.4% 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.
Floyd County, Kentucky · Population 35,342
4.4%
Mining share of county employment
$41,582
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 Q1 0 0 0
2009 Q4 0 0 0
2009 Q3 1,080 0 0 0.0
2009 Q2 0 3 0
2009 Q1 6,969 21 11 3013.3
2008 Q4 7,815 48 30 6142.0
2008 Q3 7,269 19 7 2613.8
2008 Q2 9,693 15 7 1547.5
Show 21 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q1 7,682 13 3 1692.3
2007 Q4 5,179 11 3 2124.0
2007 Q3 5,601 38 11 6784.5
2007 Q2 3,850 15 4 3896.1
2007 Q1 3,003 7 2 2331.0
2006 Q4 2,510 2 0 796.8
2005 Q2 0 1 0
2004 Q2 0 0 0
2003 Q3 0 0 0
2003 Q1 0 0 0
2002 Q4 0 0 0
2002 Q3 0 0 0
2002 Q2 0 0 0
2002 Q1 0 4 0
2001 Q4 0 5 0
2001 Q3 0 1 0
2001 Q2 3,031 7 1 2309.5
2001 Q1 774 1 0 1292.0
2000 Q4 0 20 7
2000 Q2 0 0 0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2008 · 2 incidents

October 10, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Cliffco Enterprise Inc · Caught in, under or between a moving and a stationary object

Victim checked pin on stab jack fletcher bolter. Laid hand on boom, raised jack and caught index finger between canopy and boom, causing injury to finger. X-rays showed it was broken and required stitches. Also removed fingernail on ring finger.

March 28, 2008 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Cliffco Enterprise Inc · Fall to the walkway or working surface

Victim was moving his anchor for his shuttle car. After doing so was going back to his car. Crossed cable for other car when other car was energized, tripping victim & causing him to fall. Had small abrasion on nose, lip busted and victim complained of a loose tooth. Victim refused to go to hospital and did not visit a doctor until 3-31-08.

1997 · 2 incidents

May 30, 1997 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Ebenezer Coal Company Inc · Caught in, under or between a moving and a stationary object

EE PUTTING BELTS ON FEEDER AND HANDS WERE CAUGHTIN THE BELTS.

April 24, 1997 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Ebenezer Coal Company Inc · Caught in, under or between a moving and a stationary object

EE TIGHTENING THE BELT STRUCTURE THE EE LEFT HAND WAS CAUGHT IN THE ROLLER OF THE BELT STRUCTURE.