Mining Incidents

No. 21: 13 MSHA citations Coal

Eagle Coal Company, Inc. · Underground
Controlled by James H Booth
Davella, Martin County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1515653

No. 21 has $953 in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
1987–2006
Latest incident
May 2006
Compliance record
MSHA citations since 2005
13
citations
4
significant & substantial
$953
proposed penalties
$953
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
6
inspections on record
272
inspection hours
n/a
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.
Rate withheld: 272 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

No. 21 has $953 in proposed MSHA penalties and $0 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.
$953
proposed penalties
$953
current assessed
$953
paid to date
$0
outstanding
13 assessments are final orders; 2 contested dockets.
Of $322 in penalties contested before the Commission, $322 was upheld in final decisions.
As of the most recent assessment on 2006-07-19.
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.
30.8%
significant & substantial
0.0%
high negligence or reckless
30.8%
reasonably likely or greater
0.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.4% low, 84.6% moderate, 0.0% 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.
3 citations taken to the federal commission · 23% of citations on record
  • Settled 3 · 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 3 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$322 proposed, $322 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 2006-05-15.
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 2006-162 Settlement Lesnick 2006 $223 → $223
KENT 2006-305 Settlement Lesnick 2006 $99 → $99
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 21 shows 100% of 25 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: 2006-07-21, 20 years ago
100%
within 1.5 mg/m3
25
samples
1.05
dust max (mg/m3)
12 samples taken by MSHA inspectors, 13 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR12
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)2

Silica (quartz)

Last sampled: 2006-05-30, 20 years ago
8.6
silica avg (%)
1
samples
8.6
silica max (%)
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Thelma Coal Company Inc 1986 to 2005
  2. Eagle Coal Company, Inc. 2005 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 0
2006 11 133,111
Source: MSHA quarterly employment and production, updated weekly.

No. 21 sits in Martin County, Kentucky, where the Census mining category is 8.0% 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.
Martin County, Kentucky · Population 11,181
8.0%
Mining share of county employment
$46,185
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 Q1 0 0 0
2006 Q3 6,201 1 0 161.3
2006 Q2 9,708 5 1 515.0
2006 Q1 4,657 4 1 858.9
No fatalities recorded at this mine.

Reportable incidents

5 on file

2006 · 4 incidents

May 15, 2006 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Eagle Coal Company, Inc. · Fall to the walkway or working surface

Walking in mine, slipped and fell because of mud. Twisted his right knee.

February 20, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Eagle Coal Company, Inc. · Struck against stationary object

EE WAS TRAMMING ROOF BOLTER. WHILE WATCHING CABLE TAKE UP, HE HIT HIS HEAD ON RIB (STRAINED NECK).

February 11, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Eagle Coal Company, Inc. · Struck by falling object

EE was bolting roof. When he let canopy down a piece of draw rock fell scraping right side of face, shoulder and foot.

January 30, 2006 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Eagle Coal Company, Inc. · Struck by... (Not Elsewhere Classified)

Using knife to cut nylon rope on hanger. Holding hanger in one hand an cutting with the other and knife went in left hand cutting it. He recived 7 stiches. "no lost time"

1987 · 1 incident

February 26, 1987 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss FALL OF ROOF OR BACK
Thelma Coal Company Inc · Struck by falling object

EMPL HAD WALKED3OVER TO THE ENTRY TO SPEAK TO LOADER OPER.WHILE WAITING HE WAS STRUCK BY SLAB OF ROOF.