Mining Incidents
Search Operators Mines Alerts Research Controllers Fatalgrams About
English Español
← Back to search

No. 2: 342 MSHA citations Coal

Black Pearl Mining, Inc · Underground
Controlled by Ricky T Lucas
Fedscreek, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519357

No. 2 has $303K in proposed MSHA penalties and $230K outstanding across 7 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at No. 2.

Fatalities
0
Total incidents
5
Years on record
2009–2012
Latest incident
Oct 2012
Compliance record
MSHA citations since 2009
342
citations
160
significant & substantial
$302,645
proposed penalties
$73,140
paid to date
24% of proposed penalties paid to date, a $229,505 gap.
Source: MSHA violations data, updated weekly.
See Black Pearl Mining, Inc's full MSHA compliance history →
Inspection activity
MSHA inspections since 2008
44
inspections on record
1,674
inspection hours
20.4
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.
342 citations across 1,674 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: 2011-08-17.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

No. 2 has $303K in proposed MSHA penalties and $230K 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.
$303K
proposed penalties
$303K
current assessed
$73K
paid to date
$230K
outstanding
334 assessments are final orders; 7 contested dockets.
Of $180K in penalties contested before the Commission, $180K was upheld in final decisions.
As of the most recent assessment on 2012-10-12.
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.
47.9%
significant & substantial
4.5%
high negligence or reckless
47.9%
reasonably likely or greater
21.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.7% low, 83.8% moderate, 4.5% 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.
27 citations taken to the federal commission · 8% of citations on record
  • Settled 24 · 89%
  • Stood as issued 3 · 11%
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 20 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$180K proposed, $180K 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 2012-10-22.
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 2012-108 Settlement Lewis 2013 $63K → $63K
KENT 2012-1004 Default Lesnick 2013 $32K → $32K
KENT 2012-1005 Default Lesnick 2013 $30K → $30K
KENT 2012-248 Settlement Lewis 2013 $23K → $23K
KENT 2012-107 Settlement Lewis 2013 $22K → $22K
KENT 2012-106 Settlement Lewis 2013 $6K → $6K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 2 shows 93% of 118 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: 2011-07-22, 15 years ago
93%
within 1.5 mg/m3
118
samples
3.11
dust max (mg/m3)
55 samples taken by MSHA inspectors, 63 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR62
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)11
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)7

Silica (quartz)

Last sampled: 2011-04-20, 15 years ago
6.4
silica avg (%)
7
samples
8.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR6
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: 2011-02-15, 15 years ago
0%
over PEL
17
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR3
  • SCOOP CAR OPERATOR3
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)3
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 94% 35
2010 91% 45
2009 95% 38
Silica (quartz) by year
Year silica avg (%) samples
2011 6.0 1
2010 5.8 3
2009 7.2 3
Noise by year
Year over PEL samples
2011 0% 5
2010 0% 7
2009 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 2 recorded 3.88 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.
3.88
total case rate
3.88
days-away rate
0.000
fatality rate
About 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.
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. Clintwood Elkhorn Mining Inc 2008 to 2009
  2. Allen Mining LLC 2009 to 2009
  3. Superior Mining LLC 2009 to 2011
  4. Black Pearl Mining, Inc 2011 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 0
2012 0
2011 22 30,119
2010 35 70,856
2009 18 33,226
2008 0
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
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 2 0
2012 Q3 0 2 1
2012 Q2 0 0 0
2011 Q3 6,886 53 25 7696.8
2011 Q2 8,730 52 18 5956.5
2011 Q1 9,465 47 15 4965.7
Show 9 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q4 9,888 17 6 1719.3
2010 Q3 17,844 46 27 2577.9
2010 Q2 15,336 24 17 1564.9
2010 Q1 8,444 64 38 7579.3
2009 Q4 0 0 0
2009 Q3 2,672 1 0 374.3
2009 Q2 8,697 21 7 2414.6
2009 Q1 6,915 13 6 1880.0
2008 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2012 · 1 incident

2010 · 1 incident

October 7, 2010 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Superior Mining LLC · Over-exertion in lifting objects

Person was lifting up a timber out of a scoop dipper.

2009 · 3 incidents

May 8, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Allen Mining LLC · Over-exertion in pulling or pushing objects

EE was attempting to push a roof bolt up into the top by hand and felt something pop in lower back. EE was placed on long spine board, head was stabalized and EE transfered outside b/met, boss and bolting partner.

April 16, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Allen Mining LLC · Struck by... (Not Elsewhere Classified)

Employee was installing a bolt when the drill chuck broke and bolt wrench struck his forearm.

April 10, 2009 KY · Coal electrician, lineman FALL OF ROOF OR BACK
Allen Mining LLC · Struck by falling object

Employee was walking up beltline to service feeder when a piece of rock fell and struck his head and neck