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No 18: 409 MSHA citations Coal

Controlled by Joseph T Bennett
Evarts, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1517874

No 18 has $87K in proposed MSHA penalties and $16K outstanding across 45 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
21
Years on record
2003–2010
Latest incident
Oct 2010
Compliance record
MSHA citations since 2003
409
citations
97
significant & substantial
$87,283
proposed penalties
$57,238
paid to date
66% of proposed penalties paid to date, a $30,045 gap.
Source: MSHA violations data, updated weekly.
See Harlan Cumberland Coal Company LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2002
80
inspections on record
3,906
inspection hours
10.5
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.
409 citations across 3,906 inspection hours.
Source: MSHA inspections data, updated weekly.

No 18 has $87K in proposed MSHA penalties and $16K outstanding across 45 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.
$87K
proposed penalties
$73K
current assessed
$57K
paid to date
$16K
outstanding
403 assessments are final orders; 45 contested dockets.
Of $53K in penalties contested before the Commission, $38K was upheld in final decisions.
As of the most recent assessment on 2011-03-21.
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.
24.1%
significant & substantial
0.2%
high negligence or reckless
24.1%
reasonably likely or greater
9.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.0% low, 96.8% moderate, 0.2% 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.
139 citations taken to the federal commission · 34% of citations on record
  • Settled 124 · 89%
  • Stood as issued 15 · 11%
91%
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 74 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$52K proposed, $37K 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 2011-06-07.
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 2010-1577 Dismissal McCarthy 2011 $10K → $5K
KENT 2011-189 Dismissal McCarthy 2011 $6K → $4K
KENT 2008-803 Settlement Melick 2010 $3K → $2K
KENT 2008-657 Settlement Melick 2009 $3K → $2K
KENT 2009-1193 Settlement Barbour 2010 $2K → $1K
KENT 2010-77 Settlement Zielinski 2011 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 18 shows 97% of 623 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: 2011-04-11, 15 years ago
97%
within 1.5 mg/m3
623
samples
15.81
dust max (mg/m3)
318 samples taken by MSHA inspectors, 305 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR281
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)41
  • SHUTTLE CAR OPERATOR (OFF STANDARD)38

Silica (quartz)

Last sampled: 2011-01-13, 15 years ago
9.5
silica avg (%)
42
samples
18.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR20
See US coal mines ranked by silica in their dust samples.

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: 2011-03-14, 15 years ago
8%
over PEL
118
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)23
  • CONTINUOUS MINER OPERATOR20
  • SHUTTLE CAR OPERATOR (OFF STANDARD)19
See US mines ranked by noise samples over the legal limit.
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
2011 95% 20
2010 99% 68
2009 100% 67
2008 97% 78
2007 99% 74
2006 95% 74
2005 98% 84
2004 97% 116
2003 98% 41
2001 100% 1
Silica (quartz) by year
Year silica avg (%) samples
2011 3.2 1
2010 8.0 3
2009 5.9 4
2008 10.1 4
2007 10.3 8
2006 10.0 8
2005 8.4 7
2004 13.7 5
2003 10.0 2
Noise by year
Year over PEL samples
2011 0% 5
2010 5% 20
2009 0% 14
2008 20% 10
2007 0% 14
2006 29% 14
2005 13% 15
2004 6% 16
2003 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 18 recorded 24.72 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
ⓘ 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.
24.72
total case rate
17.66
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In Kentucky, coal mining averaged 4.85 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
2010 * 24.72 17.66 0.000
2009 * 14.09 10.57 0.000
2008 * 3.92 3.92 0.000
2007 * 13.95 13.95 0.000
2006 * 11.71 11.71 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. Manalapan Mining Company Inc 1996 to 2003
  2. Harlan Cumberland Coal Company LLC 2003 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)
2011 9 21,722
2010 20 70,989
2009 20 99,144
2008 21 98,560
2007 21 94,883
2006 17 96,778
2005 18 101,995
2004 18 89,446
2003 12 52,165
2000 0
Source: MSHA quarterly employment and production, updated weekly.

No 18 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
2011 Q3 587 0 0 0.0
2011 Q2 4,213 0 0 0.0
2011 Q1 11,945 9 1 753.5
2010 Q4 13,044 7 0 536.6
2010 Q3 12,764 18 1 1410.2
2010 Q2 16,445 10 4 608.1
2010 Q1 14,380 6 1 417.2
2009 Q4 12,408 7 2 564.2
Show 28 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q3 10,896 19 5 1743.8
2009 Q2 14,945 9 0 602.2
2009 Q1 18,512 15 5 810.3
2008 Q4 14,049 6 1 427.1
2008 Q3 11,860 32 13 2698.1
2008 Q2 12,437 9 2 723.6
2008 Q1 12,652 10 1 790.4
2007 Q4 12,898 18 7 1395.6
2007 Q3 15,498 5 1 322.6
2007 Q2 14,828 3 1 202.3
2007 Q1 14,108 26 6 1842.9
2006 Q4 12,861 17 2 1321.8
2006 Q3 13,292 9 3 677.1
2006 Q2 12,996 10 2 769.5
2006 Q1 12,110 9 1 743.2
2005 Q4 12,842 13 1 1012.3
2005 Q3 12,604 11 5 872.7
2005 Q2 13,575 16 5 1178.6
2005 Q1 14,149 4 3 282.7
2004 Q4 12,740 7 0 549.5
2004 Q3 13,311 12 3 901.5
2004 Q2 11,356 13 1 1144.8
2004 Q1 14,164 7 2 494.2
2003 Q4 9,001 9 0 999.9
2003 Q3 9,381 6 0 639.6
2003 Q2 5,923 6 1 1013.0
2000 Q2 0 0 0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

21 on file

2010 · 7 incidents

October 19, 2010 KY · Coal continuous miner operator, coal mole operator SLIP OR FALL OF PERSON
Harlan Cumberland Coal Company LLC · Fall to the walkway or working surface

EE was walking when he slipped and fell. He has a chest wall bruise. This causes pain, but no physical problems. A few days of rest is all the doctor prescribed.

September 27, 2010 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Harlan Cumberland Coal Company LLC · Struck against stationary object

EE was pumping water. His hand slipped on a 2' water clamp and cut his hand. No problem, EE went back to work next day.

August 31, 2010 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Harlan Cumberland Coal Company LLC · Struck by falling object

Miner was shoveling at the tailpiece when the spillboard fell and hit him. Employee suffered broken toe, mashed (not broken) hand and strained back.

August 31, 2010 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Harlan Cumberland Coal Company LLC · Struck by falling object

Miner was shoveling at the tailpiece when the spillboard fell and hit him on the head and shoulder. All tests (x-rays, etc.) were clear. Ended with bruises and being very stiff. Family doctor gave him a week off.

August 30, 2010 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Harlan Cumberland Coal Company LLC · Fall from ladders

Ee was on a ladder hanging a curtain when the ladder broke causing him to fall. He hit on his head and shoulder, but all tests and x-rays were good. He was given two days off and returned to work as planned.

2009 · 5 incidents

December 5, 2009 KY · Coal FALL OF ROOF OR BACK
Harlan Cumberland Coal Company LLC · Accident type, without injuries

A rock fall was discovered at spad #480 between #1 and #2 entry at 6:45am. It was five to six feet thick and 30 feet long. The area was timbered off and moved outby it. Call was made to Sam Creae at 7:08am and to the hotline at 7:18am. No person or equipment was involved in this occurence.

July 15, 2009 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Harlan Cumberland Coal Company LLC · Struck by flying object

While Ee was in his shuttle car, a rock came off rig and hit his leg. The cut required stiches. He returned to work later the same day.

January 20, 2009 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Harlan Cumberland Coal Company LLC · Over-exertion in lifting objects

Ee was unloading rock dust from a belt line and twisted his back.

2008 · 1 incident

March 10, 2008 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Harlan Cumberland Coal Company LLC · Struck against a moving object

While driving a shuttle car it hit a hole in roadway, causing EE to be thrown up into the canopy, hurting his neck and shoulder.

2007 · 4 incidents

November 12, 2007 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Harlan Cumberland Coal Company LLC · Over-exertion in lifting objects

Ee was shoveling around the beltline and strained his back.

April 9, 2007 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Harlan Cumberland Coal Company LLC · Over-exertion (Not Elsewhere Classified)

Ee was pulling cable when it got hung. When it released, he was jerked and hit by cable. Only suffered bruises and low back strain.

2006 · 3 incidents

November 10, 2006 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Harlan Cumberland Coal Company LLC · Over-exertion (Not Elsewhere Classified)

Ee was turning a water valve off and experienced pain in his right arm and lower back.

2003 · 1 incident