Mining Incidents

No. 15: 805 MSHA citations Coal

Controlled by James L Bevins
Tram, Floyd County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519129

No. 15 has $964K in proposed MSHA penalties and $899K outstanding across 17 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
22
Years on record
2007–2013
Latest incident
Jun 2013
Compliance record
MSHA citations since 2007
805
citations
284
significant & substantial
$964,114
proposed penalties
$51,417
paid to date
5% of proposed penalties paid to date, a $912,697 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
76
inspections on record
4,786
inspection hours
16.8
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.
805 citations across 4,786 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 15 has $964K in proposed MSHA penalties and $899K outstanding across 17 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.
$964K
proposed penalties
$951K
current assessed
$51K
paid to date
$899K
outstanding
780 assessments are final orders; 17 contested dockets.
Of $243K in penalties contested before the Commission, $229K was upheld in final decisions.
As of the most recent assessment on 2013-10-22.
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.
36.4%
significant & substantial
3.7%
high negligence or reckless
36.5%
reasonably likely or greater
12.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.3% none, 4.9% low, 91.2% moderate, 3.5% high, 0.3% 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.
103 citations taken to the federal commission · 13% of citations on record
  • Settled 73 · 71%
  • Stood as issued 30 · 29%
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 56 decided S&S contests · industry: 79%
6%
Penalty reduction in decided contests
$243K proposed, $229K 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 2013-05-23.
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 2009-67 Default Lesnick 2010 $183K → $183K
KENT 2010-1083 Settlement Andrews 2012 $20K → $16K
KENT 2011-738 Settlement Barbour 2013 $8K → $6K
KENT 2011-1008 Settlement Moran 2012 $7K → $5K
KENT 2013-507 Settlement Barbour 2013 $5K → $3K
KENT 2012-1511 Settlement Barbour 2013 $4K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 15 shows 91% of 343 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: 2013-09-27, 12 years ago
91%
within 1.5 mg/m3
343
samples
4.68
dust max (mg/m3)
176 samples taken by MSHA inspectors, 167 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR129
  • CUTTING MACHINE OPERATOR38
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)34

Silica (quartz)

Last sampled: 2013-04-18, 13 years ago
3.8
silica avg (%)
13
samples
6.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR10
  • 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: 2013-08-22, 13 years ago
0%
over PEL
43
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
  • SCOOP CAR OPERATOR7
  • CONTINUOUS MINER OPERATOR5
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
2013 87% 53
2012 93% 57
2011 98% 66
2010 90% 68
2009 97% 35
2008 82% 45
2007 89% 19
Silica (quartz) by year
Year silica avg (%) samples
2013 4.8 1
2012 4.3 3
2011 4.8 3
2010 4.1 3
2008 1.8 2
2007 1.9 1
Noise by year
Year over PEL samples
2013 0% 2
2012 0% 11
2011 0% 7
2010 0% 12
2009 0% 6
2008 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 15 recorded 6.66 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
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.
6.66
total case rate
6.66
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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
2013 * 6.66 6.66 0.000
2012 * 0.00 0.00 0.000
2011 * 2.02 2.02 0.000
2010 * 2.28 2.28 0.000
2009 * 12.62 12.62 0.000
2008 * 10.38 10.38 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. Murriell Don Coal Company Inc 2007 to 2009
  2. Fools Gold Energy Corporation 2009 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)
2013 27 117,938
2012 28 198,269
2011 39 228,057
2010 36 203,781
2009 30 100,818
2008 37 143,560
2007 34 71,501
Source: MSHA quarterly employment and production, updated weekly.

No. 15 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
2013 Q4 7,987 1 1 125.2
2013 Q3 17,755 6 0 337.9
2013 Q2 16,810 14 2 832.8
2013 Q1 17,479 21 6 1201.4
2012 Q4 17,036 14 4 821.8
2012 Q3 14,976 17 3 1135.1
2012 Q2 15,210 31 6 2038.1
2012 Q1 19,305 6 0 310.8
Show 18 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q4 24,045 19 4 790.2
2011 Q3 26,208 21 3 801.3
2011 Q2 24,000 25 6 1041.7
2011 Q1 24,864 39 18 1568.5
2010 Q4 25,973 13 6 500.5
2010 Q3 21,021 11 1 523.3
2010 Q2 21,000 23 5 1095.2
2010 Q1 19,584 12 3 612.7
2009 Q4 20,525 20 7 974.4
2009 Q3 13,058 57 28 4365.1
2009 Q2 16,688 42 21 2516.8
2009 Q1 13,105 26 13 1984.0
2008 Q4 15,507 31 15 1999.1
2008 Q3 21,761 117 68 5376.6
2008 Q2 19,360 93 25 4803.7
2008 Q1 20,470 60 19 2931.1
2007 Q4 15,244 67 13 4395.2
2007 Q3 9,306 12 5 1289.5
No fatalities recorded at this mine.

Reportable incidents

22 on file

2013 · 3 incidents

March 5, 2013 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Fools Gold Energy Corporation · Struck by falling object

A piece of draw rock measuring 0"-2" X 24" X24" fell on canopy and slid off hitting subjects left leg and foot, fracturing left tibia about 6 inches above ankle.

March 4, 2013 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Fools Gold Energy Corporation · Struck by... (Not Elsewhere Classified)

Subject was trying to straighten roof bolt. Canopy struck subject in head. Stab jack was set on loose bottom. Bottom busted and canopy struck subject in head. Head aches. Waiting on test results.

2011 · 4 incidents

September 20, 2011 KY · Coal FALL OF ROOF OR BACK
Fools Gold Energy Corporation · Accident type, without injuries

A non-injury roof fall accident has occurred in the No 1 entry of the return on the 1st North West Mains. The fall was discovered during the weekly exam of the return air course. The fall is located approximately 10 feet outby survey station No 2318. The fall is approximately 50 feet in length, 20 feet wide and 6 feet thick.

June 3, 2011 KY · Coal FALL OF ROOF OR BACK
Fools Gold Energy Corporation · Accident type, without injuries

A non injury roof fall occurred in the #3 entry of the return on panel 4 off North East mains. Additional roof support had been installed in this area prior to the fall occurring.

May 4, 2011 KY · Coal FALL OF ROOF OR BACK
Fools Gold Energy Corporation · Accident type, without injuries

A non-injury roof falls occurred in the out-by return air course. The roof falls were discovered during the weekly exam of the return air course. The falls was approximately 50 ft. long x 19 ft. wide x 6 ft. in thickness, and 12 ft. long x 12 ft. wide x 5 ft. in thickness.

2010 · 2 incidents

June 23, 2010 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Fools Gold Energy Corporation · Struck by falling object

Subject (roof bolter) operator was injured by a piece of draw rock that was dislodged from the mine roof in the No. 2 entry when the ATRS was disengaged from the mine roof. Bruised back and fractured left ankle.

2009 · 6 incidents

December 8, 2009 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss MACHINERY
Fools Gold Energy Corporation · Caught in, under or between a moving and a stationary object

The continuous miner operator was tramming across the working section, tripped and fell causing him to lose control of the machine pinning him against the coal rib resulting in a fracture of the top & bottom of pelvis (left).

June 5, 2009 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Murriell Don Coal Company Inc · Caught in, under or between a moving and a stationary object

Traveling on 4-wheel buggy, tried to raise curtain with foot and foot got caught in curtain, forcing foot to mine roof.

April 25, 2009 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Murriell Don Coal Company Inc · Struck by... (Not Elsewhere Classified)

Making a belt splice on #1 belt. Was holding the nail holder and finger was smashed with a hammer by a co-worker.

January 26, 2009 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Murriell Don Coal Company Inc · Struck by... (Not Elsewhere Classified)

Pulling rock off of picking table and another rock fell on fingers.

2008 · 6 incidents

August 7, 2008 KY · Coal cutting machine operator, ripper, universal operator OTHER
Murriell Don Coal Company Inc · Unclassified, insufficient data

Received a citation from the local MSHA office stating alleged accident occurred 6 months ago. No record of accident. Mine operator nor co-workers were aware an accident occurred. Attorney will be contacted to handle the denial of the claim. Employees are instructed to inform their supervisor immediately after the occurrance of an accident.

March 25, 2008 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Murriell Don Coal Company Inc · Struck by... (Not Elsewhere Classified)

Rock caught in tailpiece. Employee used sledge hammer to try to loosen rock and another rock struck ring finger of right hand.

March 13, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Murriell Don Coal Company Inc · Struck by... (Not Elsewhere Classified)

Operating a roof bolter and pulled bolter deck up on right knee.

2007 · 1 incident

December 28, 2007 KY · Coal driller operator HANDTOOLS (NONPOWERED)
Murriell Don Coal Company Inc · Struck by... (Not Elsewhere Classified)

EE was maiking a belt splice. A clamp holding the belt came loose and struck him in the face and mouth, resulting in some stitches inside and outside of his mouth, chipped tooth and loose tooth.