Mining Incidents

No 12: 196 MSHA citations Coal

Ember Contracting Inc · Underground
Controlled by Randy Gilkerson
Myra, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1518593

No 12 has $37K in proposed MSHA penalties and $25K outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2003–2009
Latest incident
May 2009
Compliance record
MSHA citations since 2003
196
citations
73
significant & substantial
$36,880
proposed penalties
$11,467
paid to date
31% of proposed penalties paid to date, a $25,413 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
49
inspections on record
1,702
inspection hours
11.5
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.
196 citations across 1,702 inspection hours.
Source: MSHA inspections data, updated weekly.

No 12 has $37K in proposed MSHA penalties and $25K outstanding across 7 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.
$37K
proposed penalties
$37K
current assessed
$11K
paid to date
$25K
outstanding
187 assessments are final orders; 7 contested dockets.
Of $15K in penalties contested before the Commission, $15K was upheld in final decisions.
As of the most recent assessment on 2009-08-07.
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.
39.0%
significant & substantial
4.8%
high negligence or reckless
39.0%
reasonably likely or greater
14.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.3% low, 89.8% moderate, 4.8% 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.
50 citations taken to the federal commission · 26% of citations on record
  • Settled 50 · 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 19 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$15K proposed, $15K 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 2009-09-27.
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 2009-1584 Prevail Paez 2011 $4K → $4K
KENT 2009-897 Prevail Paez 2011 $3K → $3K
KENT 2009-1585 Prevail Paez 2011 $3K → $3K
KENT 2009-1292 Prevail Paez 2011 $2K → $2K
KENT 2009-796 Prevail Paez 2011 $2K → $2K
KENT 2009-1370 Prevail Paez 2011 $729 → $729
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 12 shows 93% of 166 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: 2009-08-03, 17 years ago
93%
within 1.5 mg/m3
166
samples
6.62
dust max (mg/m3)
75 samples taken by MSHA inspectors, 91 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR52
  • CUTTING MACHINE OPERATOR37
  • TRACTOR OPERATOR/MOTORMAN14

Silica (quartz)

Last sampled: 2009-02-12, 17 years ago
6.1
silica avg (%)
12
samples
7.8
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR7
  • CUTTING MACHINE 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: 2009-02-05, 17 years ago
7%
over PEL
29
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR7
  • TRACTOR OPERATOR/MOTORMAN6
  • CONTINUOUS MINER 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 95% 37
2008 100% 6
2007 100% 22
2004 83% 47
2003 98% 54
Silica (quartz) by year
Year silica avg (%) samples
2009 5.4 2
2007 0.8 1
2004 6.7 5
2003 7.1 4
Noise by year
Year over PEL samples
2009 0% 6
2007 0% 8
2004 0% 5
2003 20% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 12 recorded 0.00 reportable injury cases per 100 full-time workers in 2004.

Injury rate, 2004
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 5.57 and the all-US-mining average was 4.33 cases per 100 workers.
In Kentucky, coal mining averaged 5.89 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
2004 * 0.00 0.00 0.000
2003 * 15.95 10.63 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. Emily Enterprises Inc. 2002 to 2003
  2. MiTac Mining Company LLC 2003 to 2007
  3. Coal Ridge Mining LLC 2007 to 2007
  4. Up & Running Coal Company, Inc. 2007 to 2008
  5. 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 21 92,989
2008 15 22,507
2007 14 25,027
2004 15 78,168
2003 23 94,747
2002 0
Source: MSHA quarterly employment and production, updated weekly.

No 12 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 4,990 14 3 2805.6
2009 Q2 11,375 17 4 1494.5
2009 Q1 11,236 20 11 1780.0
2008 Q4 4,243 4 1 942.7
2008 Q2 360 9 5 25000.0
2008 Q1 3,091 35 15 11323.2
2007 Q4 2,258 5 1 2214.3
2007 Q3 8,798 15 6 1704.9
Show 11 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q2 7,511 11 4 1464.5
2007 Q1 0 0 0
2004 Q4 0 0 0
2004 Q3 6,651 2 1 300.7
2004 Q2 10,150 11 7 1083.7
2004 Q1 10,994 9 4 818.6
2003 Q4 12,828 3 1 233.9
2003 Q3 12,553 19 4 1513.6
2003 Q2 10,748 12 3 1116.5
2003 Q1 1,494 5 2 3346.7
2002 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2009 · 1 incident

May 19, 2009 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Ember Contracting Inc · Struck against stationary object

Employee stated that he was traveling to #3 belt and hit a bump causing him to hit his head against mine top.

2003 · 4 incidents

December 11, 2003 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator

EMPLOYEE WAS CHANGING A BATTERY WHEN HE STEPPED ON A PIECE OF METAL AND THEN FELL ON HIS KNEE.

September 15, 2003 KY · Coal FALL OF ROOF OR BACK
MiTac Mining Company LLC · Accident type, without injuries

A NON INJURY ROOF FALL WAS FOUND BY THE PRE-SHIFT FOREMAN IN THE FIRST CROSS CUT OUT BY THE FACEOF #2 ENTRY. THE FALL WAS A RESULT OF A MUD SEAM, AND WAS 7' BY 18' BY 70'.

July 31, 2003 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator

EMPLOYEE WAS HANGING MINER CABLE AND FELT STRAIN IN BACK AREA.

June 11, 2003 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
MiTac Mining Company LLC · Caught in, under or between (Not Elsewhere Classified)

THE EE WAS INSTALLING A ROOF BOLT WHEN HIS GLOVEBECAME INTANGLED WITH THE ROOF BOLT. THE EE SUFFERED A BROKEN THUMB.