Mining Incidents

No 2: 696 MSHA citations Coal

Brem Coal Co LLC · Underground
Controlled by Jimmie Leon Hess
Fedscreek, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1517917

No 2 has $257K in proposed MSHA penalties and $180K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
7
Years on record
2001–2011
Latest incident
Apr 2011
Compliance record
MSHA citations since 2000
696
citations
241
significant & substantial
$257,074
proposed penalties
$64,920
paid to date
25% of proposed penalties paid to date, a $192,154 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
93
inspections on record
4,843
inspection hours
14.4
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.
696 citations across 4,843 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2012-03-21.
On record since 2012.
Source: MSHA imminent-danger order records, updated weekly.

No 2 has $257K in proposed MSHA penalties and $180K outstanding across 8 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.
$257K
proposed penalties
$245K
current assessed
$65K
paid to date
$180K
outstanding
665 assessments are final orders; 8 contested dockets.
Of $79K in penalties contested before the Commission, $67K was upheld in final decisions.
As of the most recent assessment on 2012-03-21.
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.
36.2%
significant & substantial
8.3%
high negligence or reckless
36.2%
reasonably likely or greater
11.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 10.5% low, 81.1% moderate, 8.3% 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.
113 citations taken to the federal commission · 16% of citations on record
  • Settled 65 · 58%
  • Stood as issued 48 · 42%
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 29 decided S&S contests · industry: 79%
15%
Penalty reduction in decided contests
$79K proposed, $67K 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 2012-03-05.
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 2011-29 Settlement Lesnick 2011 $38K → $29K
KENT 2011-1210 Default Lesnick 2012 $19K → $19K
KENT 2011-965 Default Lesnick 2011 $9K → $9K
KENT 2011-317 Settlement Lesnick 2011 $9K → $7K
KENT 2011-739 Settlement Lesnick 2012 $3K → $2K
KENT 2011-1209 Default Lesnick 2012 $807 → $807
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 2 shows 91% of 396 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: 2011-06-16, 15 years ago
91%
within 1.5 mg/m3
396
samples
8.41
dust max (mg/m3)
226 samples taken by MSHA inspectors, 170 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR195
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)65
  • SCOOP CAR OPERATOR30

Silica (quartz)

Last sampled: 2010-06-18, 16 years ago
6.7
silica avg (%)
24
samples
18.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR20

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: 2011-06-16, 15 years ago
0%
over PEL
50
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)15
  • CONTINUOUS MINER OPERATOR10
  • SCOOP CAR OPERATOR8
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 94% 18
2010 100% 39
2009 96% 47
2008 83% 83
2007 86% 80
2006 88% 16
2005 92% 13
2002 100% 17
2001 81% 16
2000 96% 67
Silica (quartz) by year
Year silica avg (%) samples
2010 4.2 2
2009 5.0 1
2008 6.0 5
2007 5.6 5
2005 12.9 2
2001 7.0 3
2000 7.1 6
Noise by year
Year over PEL samples
2011 0% 4
2009 0% 11
2008 0% 12
2006 0% 11
2002 0% 6
2000 0% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 2 recorded 15.22 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.
15.22
total case rate
0.00
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 * 15.22 0.00 0.000
2009 * 9.86 0.00 0.000
2007 * 8.41 8.41 0.000
2000 * 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. T H W Coal Company Inc 1997 to 2001
  2. Clintwood Elkhorn Mining Company Inc 2001 to 2001
  3. Dry Fork Energy Inc 2001 to 2004
  4. Ridgecrest Energy, LLC 2004 to 2005
  5. Blair Coal Company Inc 2005 to 2006
  6. Brem Coal Co LLC 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)
2011 8 11,507
2010 14 29,069
2009 12 32,063
2008 12 40,546
2007 12 41,104
2006 11 13,378
2005 5 6,500
2004 1
2003 0
2002 12 13,189
2001 9 15,906
2000 22 79,266
Source: MSHA quarterly employment and production, updated weekly.

No 2 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
2011 Q4 20 12 3 600000.0
2011 Q3 557 37 10 66427.3
2011 Q2 3,402 48 11 14109.3
2011 Q1 4,877 71 14 14558.1
2010 Q4 3,859 17 5 4405.3
2010 Q3 8,197 107 27 13053.6
2010 Q2 6,731 24 4 3565.6
2010 Q1 7,489 44 21 5875.3
Show 37 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q4 5,531 21 14 3796.8
2009 Q3 4,887 7 4 1432.4
2009 Q2 5,750 9 5 1565.2
2009 Q1 4,122 15 7 3639.0
2008 Q4 4,136 34 10 8220.5
2008 Q3 5,593 20 11 3575.9
2008 Q2 4,804 7 0 1457.1
2008 Q1 5,138 11 2 2140.9
2007 Q4 4,877 8 0 1640.4
2007 Q3 5,823 5 4 858.7
2007 Q2 5,860 3 0 511.9
2007 Q1 7,210 10 5 1387.0
2006 Q4 5,818 6 1 1031.3
2006 Q3 6,664 11 5 1650.7
2006 Q2 900 0 0 0.0
2006 Q1 4,162 0 0 0.0
2005 Q1 480 7 2 14583.3
2004 Q4 720 0 0 0.0
2004 Q3 0 0 0
2004 Q2 0 0 0
2004 Q1 0 0 0
2003 Q4 0 0 0
2003 Q3 0 0 0
2003 Q2 0 0 0
2003 Q1 0 0 0
2002 Q4 0 1 0
2002 Q3 0 1 0
2002 Q2 9,418 4 3 424.7
2002 Q1 8,695 9 5 1035.1
2001 Q4 6,628 16 5 2414.0
2001 Q3 154 2 0 12987.0
2001 Q2 0 11 4
2001 Q1 6,594 6 2 909.9
2000 Q4 8,702 20 14 2298.3
2000 Q3 9,261 9 7 971.8
2000 Q2 9,313 15 10 1610.7
2000 Q1 9,427 11 4 1166.9
No fatalities recorded at this mine.

Reportable incidents

7 on file

2011 · 1 incident

April 2, 2011 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider FALL OF ROOF OR BACK
Brem Coal Co LLC · Struck by falling object

EE was traveling between #2 and #3 drive to fix a waterline leak. EE lost his hack saw, got off to get it when a piece of slate hit his shoulder. He rode his buggy outside opened two man doors, 911 was called about 9:00 p.m. they arrived about 9:25 EE was taken to the E.R. and released.

2010 · 2 incidents

September 11, 2010 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Brem Coal Co LLC · Struck by... (Not Elsewhere Classified)

Grinding piece of metal on belt structure - the grinder kicked back - hit him on forehead - making laceration

July 23, 2010 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Brem Coal Co LLC · Struck by... (Not Elsewhere Classified)

Employee was putting belt skirt in place, using slate bar which slipped out of his hand, came back & hit him above right eye on forehead. Went to ER - did not report Wk Comp to hospital or employer.

2009 · 1 incident

August 27, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Brem Coal Co LLC · Over-exertion (Not Elsewhere Classified)

Employee was bending a 42" roof bolt said he strained right hip.

2008 · 1 incident

December 22, 2008 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss STEPPING OR KNEELING ON OBJECT
Brem Coal Co LLC · Rubbed or abraded

Employee got a blister on his left leg from crawling. It got an infection from that.

2007 · 1 incident

October 22, 2007 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Brem Coal Co LLC · Over-exertion in pulling or pushing objects

Employee was moving miner cable when he strained himself near right abdomen (including groin area).

2001 · 1 incident

January 26, 2001 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
T H W Coal Company Inc · Struck by falling object

THE EE WAS OPERATING A 270 TRACTOR THROUGH THE DOORWAY OF THE FANHOUSE TO GET TO THE OUTSIDE WHEN THE GLANCER PLATE CAUGHT THE SIDE OF THE WALL AND THE DOORS COLLAPSED AND FELL ON HIM.