Mining Incidents

No. 2: 374 MSHA citations Coal

Patrick Processing LLC · Underground
Controlled by Bill C Smith
McAndrews, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518787

No. 2 has $189K in proposed MSHA penalties and $103K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2006–2008
Latest incident
Feb 2008
Compliance record
MSHA citations since 2005
374
citations
196
significant & substantial
$189,221
proposed penalties
$85,840
paid to date
45% of proposed penalties paid to date, a $103,381 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
40
inspections on record
2,664
inspection hours
14.0
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.
374 citations across 2,664 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 2 has $189K in proposed MSHA penalties and $103K outstanding across 2 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.
$189K
proposed penalties
$189K
current assessed
$86K
paid to date
$103K
outstanding
366 assessments are final orders; 2 contested dockets.
Of $7K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2008-03-27.
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.
53.6%
significant & substantial
1.6%
high negligence or reckless
53.6%
reasonably likely or greater
24.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.7% low, 81.7% moderate, 1.6% 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.
9 citations taken to the federal commission · 2% of citations on record
  • Settled 9 · 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 6 decided S&S contests · industry: 79%
4%
Penalty reduction in decided contests
$7K proposed, $6K 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 2007-07-16.
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 2007-387 Settlement Lesnick 2008 $5K → $5K
KENT 2007-388 Settlement Lesnick 2009 $1K → $989
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 2 shows 89% of 222 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: 2008-04-30, 18 years ago
89%
within 1.5 mg/m3
222
samples
6.53
dust max (mg/m3)
110 samples taken by MSHA inspectors, 112 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR116
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)33
  • SCOOP CAR OPERATOR17

Silica (quartz)

Last sampled: 2008-02-21, 18 years ago
4.0
silica avg (%)
13
samples
5.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR13

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: 2008-03-20, 18 years ago
14%
over PEL
29
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR6
  • UTILITY MAN5
  • ELECTRICIAN4
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
2008 100% 23
2007 81% 79
2006 95% 56
2005 91% 64
Silica (quartz) by year
Year silica avg (%) samples
2008 2.9 1
2007 4.0 6
2006 3.5 3
2005 4.5 3
Noise by year
Year over PEL samples
2008 14% 7
2007 0% 1
2006 13% 15
2005 17% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 2 recorded 2.16 reportable injury cases per 100 full-time workers in 2007.

Injury rate, 2007
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.
2.16
total case rate
2.16
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
In Kentucky, coal mining averaged 5.12 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
2007 * 2.16 2.16 0.000
2006 * 3.74 3.74 0.000
2005 * 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. Patrick Processing LLC 2004 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)
2008 34 30,654
2007 51 261,674
2006 27 222,029
2005 29 131,842
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
2008 Q4 0 0 0
2008 Q2 13,465 0 0 0.0
2008 Q1 24,339 73 38 2999.3
2007 Q4 25,507 21 13 823.3
2007 Q3 24,728 63 28 2547.7
2007 Q2 22,533 16 11 710.1
2007 Q1 20,021 33 19 1648.3
2006 Q4 11,623 26 17 2236.9
Show 7 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q3 12,159 15 7 1233.7
2006 Q2 14,076 32 18 2273.4
2006 Q1 15,608 26 12 1665.8
2005 Q4 13,288 16 4 1204.1
2005 Q3 16,790 15 5 893.4
2005 Q2 15,932 18 12 1129.8
2005 Q1 2,318 12 7 5176.9
No fatalities recorded at this mine.

Reportable incidents

3 on file

2008 · 1 incident

February 11, 2008 KY · Coal electrician, lineman SLIP OR FALL OF PERSON
Patrick Processing LLC · Over-exertion (Not Elsewhere Classified)

EE was walking to part's sled and made a mis-step and stepped into a holes then he felt pain in lower back. At spad #1645.

2007 · 1 incident

January 23, 2007 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Patrick Processing LLC · Over-exertion in lifting objects

Employee was lifting rubber mat at power center when he experienced severe pain in his lower abdomen.

2006 · 1 incident

November 1, 2006 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Patrick Processing LLC · Caught in, under or between a moving and a stationary object

Making belt move, putting in structure and started to pull tailpiece back and the scoop bumped the tailpiece in the wrong direction. EE caught his finger between tailpiece and belt rail.