Ember Contracting Inc · Accident type, without injuries
Roof fall on intake. Approx. 120' underground, 5' high and about 60'-70' long.
No 11: 35 MSHA citations Coal
Ember Contracting Inc
· Underground
Controlled by
Randy Gilkerson
Mousie,
Knott County,
KY
·
Abandoned
MSHA Mine ID: 1519223
No 11 has $4K in proposed MSHA penalties and $3K outstanding across 4 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 1
- Years on record
- 2008
- Latest incident
- Aug 2008
Compliance record
MSHA citations since 2008
35
citations
3
significant & substantial
$3,704
proposed penalties
$500
paid to date
13% of proposed penalties paid to date, a $3,204 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
6
inspections on record
350
inspection hours
n/a
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.Rate withheld: 350 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
No 11 has $4K in proposed MSHA penalties and $3K outstanding across 4 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.$4K
proposed penalties
$4K
current assessed
$500
paid to date
$3K
outstanding
34 assessments are final orders; 4 contested dockets.
Of $4K in penalties contested before the Commission, $4K was upheld in final decisions.
As of the most recent assessment on 2008-11-06.
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.8.8%
significant & substantial
0.0%
high negligence or reckless
8.8%
reasonably likely or greater
8.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.8% low, 91.2% moderate, 0.0% 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.
33
citations taken to the federal commission · 94% of citations on record
- Settled 30 · 91%
- Stood as issued 3 · 9%
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%
0%
Penalty reduction in decided contests
$4K proposed, $4K 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 2009-01-14.
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 2009-250 | Prevail | Paez | 2011 | $2K → $2K |
| KENT 2008-1543 | Prevail | Paez | 2011 | $814 → $814 |
| KENT 2009-578 | Prevail | Paez | 2011 | $690 → $690 |
| KENT 2008-1463 | Dismissal | Lesnick | 2009 | $300 → $300 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at No 11 shows 90% of 39 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: 2008-10-29, 17 years ago
ⓘ
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.90%
within 1.5 mg/m3
39
samples
2.44
dust max (mg/m3)
24 samples taken by MSHA inspectors, 15 by the operator.
Most-sampled occupations
- CUTTING MACHINE OPERATOR16
- ROOF BOLTER (SINGLE HEAD)6
- SCOOP CAR OPERATOR4
Silica (quartz)
Last sampled: 2008-11-06, 17 years ago2.4
silica avg (%)
3
samples
2.9
silica max (%)
Most-sampled occupations
- CUTTING MACHINE OPERATOR2
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: 2008-10-29, 17 years ago
ⓘ
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.16%
over PEL
19
samples
Most-sampled occupations
- ROOF BOLTER (SINGLE HEAD)6
- COAL DRILL OPERATOR3
- CUTTING MACHINE OPERATOR3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
- Ember Contracting Inc 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) |
|---|---|---|
| 2009 | 0 | |
| 2008 | 17 | 85,592 |
Source: MSHA quarterly employment and production, updated weekly.
No 11 sits in Knott County, Kentucky, where the Census mining category is 2.8% 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.Knott County, Kentucky · Population 14,046
2.8%
Mining share of county employment
$37,736
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 Q1 | 0 | 0 | 0 | |
| 2008 Q4 | 5,873 | 5 | 1 | 851.4 |
| 2008 Q3 | 10,715 | 20 | 0 | 1866.5 |
| 2008 Q2 | 2,076 | 9 | 2 | 4335.3 |
No fatalities recorded at this mine.