Mining Incidents

No. 22: 80 MSHA citations Coal

Eagle Coal Company Inc · Underground
Controlled by James H Booth
Davella, Martin County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1516663

No. 22 has $32K in proposed MSHA penalties and $0 outstanding across 5 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at No. 22.

Fatalities
0
Total incidents
11
Years on record
1989–2010
Latest incident
Sep 2010
Compliance record
MSHA citations since 2009
80
citations
18
significant & substantial
$32,326
proposed penalties
$25,064
paid to date
78% of proposed penalties paid to date, a $7,262 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
27
inspections on record
886
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: 886 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. 22 has $32K in proposed MSHA penalties and $0 outstanding across 5 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.
$32K
proposed penalties
$25K
current assessed
$25K
paid to date
$0
outstanding
79 assessments are final orders; 5 contested dockets.
Of $24K in penalties contested before the Commission, $17K was upheld in final decisions.
As of the most recent assessment on 2010-11-23.
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.
23.1%
significant & substantial
3.8%
high negligence or reckless
23.1%
reasonably likely or greater
9.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 10.3% low, 85.9% moderate, 3.8% 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.
19 citations taken to the federal commission · 24% of citations on record
  • Settled 19 · 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 13 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$24K proposed, $17K 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 2010-10-27.
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 2011-149 Settlement Barbour 2012 $18K → $12K
KENT 2011-150 Settlement Lesnick 2012 $4K → $3K
KENT 2010-1663 Settlement Lesnick 2011 $971 → $737
KENT 2010-942 Settlement Lesnick 2010 $872 → $650
KENT 2010-1508 Settlement Lesnick 2011 $850 → $638
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 22 shows 96% of 77 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: 2010-11-06, 15 years ago
96%
within 1.5 mg/m3
77
samples
3.27
dust max (mg/m3)
30 samples taken by MSHA inspectors, 47 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR45
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)6
  • SCOOP CAR OPERATOR5

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: 2010-11-01, 15 years ago
0%
over PEL
10
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)3
  • CONTINUOUS MINER OPERATOR2
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)2
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
2010 98% 60
2009 88% 17
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 22 recorded 10.98 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.
10.98
total case rate
5.49
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.
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. Zulu Mining Inc 1989 to 2006
  2. Eagle Coal Company Inc 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 0
2010 31 152,991
2009 30 42,964
Source: MSHA quarterly employment and production, updated weekly.

No. 22 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
2011 Q1 0 0 0
2010 Q4 19,761 6 0 303.6
2010 Q3 15,374 28 11 1821.3
2010 Q2 20,489 11 1 536.9
2010 Q1 17,266 19 2 1100.4
2009 Q4 20,275 6 1 295.9
2009 Q3 11,929 8 1 670.6
No fatalities recorded at this mine.

Reportable incidents

11 on file

2010 · 6 incidents

September 20, 2010 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Eagle Coal Company Inc · Fall onto or against objects

EE was working on section feeder when he slipped and fell and hit his right ear on the corner of the feeder. Cutting his ear and received 10 stitches.

July 20, 2010 KY · Coal FALL OF ROOF OR BACK
Eagle Coal Company Inc · Accident type, without injuries

Roof fall was in the return airway at spad #38. The fall was 7' in height, 18' wide and 30' long. Fall will not be cleaned up. The fall has been dangered off and supported as per roof control plan.

July 19, 2010 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Eagle Coal Company Inc · Struck by falling object

EE was loading structures when a piece of the structure slipped out of his hand, cutting his left forearm. He received 4 stitches.

July 13, 2010 KY · Coal FALL OF ROOF OR BACK
Eagle Coal Company Inc · Accident type, without injuries

Roof fall located on the number 3 belt line 1 crosscut inby the head drive at spad number 41. The fall was 18 feet wide, 20 feet in length and 9 feet high

June 12, 2010 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Eagle Coal Company Inc · Over-exertion (Not Elsewhere Classified)

Employee was lifting a water line and slipped and injured his right knee. (strained his knee)

May 3, 2010 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Eagle Coal Company Inc · Struck by falling object

Employee was hanging roof bolter cable when the cable fell down striking him on the right shoulder.

2009 · 3 incidents

September 2, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Eagle Coal Company Inc · Struck by... (Not Elsewhere Classified)

EE was putting supplies on shelf. There was a utility knife blade in a box and it cut his right hand he received 5 stitches. Came back to work the next day no lost time.

August 31, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Eagle Coal Company Inc · Struck against stationary object

Employee was tramming roof bolter when he bumped his left leg on the roof bolter.

August 19, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Eagle Coal Company Inc · Struck by falling object

Employee was picking up roof bolts from behind the roof bolter and a thin piece of metal fell off the bolter striking him in the left arm and cutting it. He received 5 stitches. He came back to work the next day. No lost time.

1990 · 1 incident

January 29, 1990 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Zulu Mining Inc · Struck by... (Not Elsewhere Classified)

HE RAN HIS SHUTTLE CAR INTO A CRIB KNOCKING IT DOWN ONE OF THE CRIB BLOCKS CAME IN THE DECK AND PRESSED AGAINST HIS SIDE.

1989 · 1 incident

September 1, 1989 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Zulu Mining Inc · Struck by falling object

PINNER OPERATOR WAS INSTALLING SECOND ROW OF PIN WHEN PIECE OF DRAW ROCK FELL HIT PERSON ON BACK.