No 23: 35 MSHA citations
Coal
Van Lear,
Johnson County,
KY
·
Abandoned and Sealed
MSHA Mine ID: 1519100
No 23 has $4K in proposed MSHA penalties and $0 outstanding across 5 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 8
- Years on record
- 2007–2008
- Latest incident
- Sep 2008
Compliance record
MSHA citations since 2007
4
significant & substantial
$3,920
proposed penalties
87% of proposed penalties paid to date, a $498 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
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: 488 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 23 has $4K 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.
33 assessments are final orders; 5 contested dockets.
Of $3K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2008-09-03.
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.
12.1%
significant & substantial
0.0%
high negligence or reckless
12.1%
reasonably likely or greater
0.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 48.5% low, 51.5% 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.
24
citations taken to the federal commission · 69% of citations on record
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%
17%
Penalty reduction in decided contests
$3K proposed, $2K 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 2008-07-29.
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 2008-1362 |
Settlement |
Lesnick |
2009 |
$832 → $758 |
| KENT 2008-690 |
Settlement |
Lesnick |
2009 |
$827 → $662 |
| KENT 2008-527 |
Settlement |
Weisberger |
2008 |
$775 → $620 |
| KENT 2008-429 |
Settlement |
Lesnick |
2008 |
$300 → $240 |
| KENT 2008-853 |
Settlement |
Lesnick |
2009 |
$224 → $180 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at No 23 shows 100% of 52 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: 2008-08-25, 18 years ago
22 samples taken by MSHA inspectors, 30 by the operator.
Most-sampled occupations
- CONTINUOUS MINER OPERATOR28
- SHUTTLE CAR OPERATOR (STANDARD SIDE)6
- SCOOP CAR OPERATOR3
Silica (quartz)
Last sampled: 2008-05-29, 18 years ago
Most-sampled occupations
- CONTINUOUS MINER OPERATOR1
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: 2008-03-06, 18 years ago
Most-sampled occupations
- SHUTTLE CAR OPERATOR (STANDARD SIDE)2
- CONTINUOUS MINER OPERATOR1
- GROUNDMAN1
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% |
40 |
| 2007 |
100% |
12 |
Silica (quartz) by year
| Year |
silica avg (%) |
samples |
| 2008 |
7.8 |
2 |
| 2007 |
7.3 |
1 |
Noise by year
| Year |
over PEL |
samples |
| 2008 |
0% |
2 |
| 2007 |
0% |
5 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
-
Eagle Coal Company Inc
2007 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 |
27 |
95,763 |
| 2007 |
6 |
18,779 |
Source: MSHA quarterly employment and production, updated weekly.
No 23 sits in Johnson County, Kentucky, where the Census mining category is 1.9% 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.
Johnson County, Kentucky · Population 22,464
1.9%
Mining share of county employment
$43,014
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 Q3 |
16,336 |
3 |
0 |
183.6 |
| 2008 Q2 |
20,917 |
6 |
1 |
286.8 |
| 2008 Q1 |
16,496 |
10 |
1 |
606.2 |
| 2007 Q4 |
12,152 |
10 |
1 |
822.9 |
| 2007 Q3 |
0 |
0 |
0 |
|
| 2007 Q2 |
0 |
3 |
1 |
|
No fatalities recorded at this mine.
Reportable incidents
8 on file
2008 · 7 incidents
September 3, 2008
KY · Coal
discontinued 1/31/2014. several other codes cover scoop car operator
HANDLING OF MATERIALS
Eagle Coal Company Inc · Over-exertion in lifting objects
Employee came in early to work and was loading belt structure in scoop bucket and pulled a muscle in his stomach.
Eagle Coal Company Inc · Accident type, without injuries
Roof fall at 3 crosscuts outby Spad 151 between #5 and #6 entries. The fall is approximately 1800 ft underground and 1500 ft from the face. Fall was 16' high, 18' wide and 20' long. The mine was idle. Employees were doing utility work. Fall will not be cleaned up. Fall will be dangered off and supported as per roof control plan.
June 10, 2008
KY · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
MACHINERY
Eagle Coal Company Inc · Struck by... (Not Elsewhere Classified)
Employee was roof bolting he was putting in pin steel and pulled wrong lever and boom came down and hit his right hand bruising it.
Eagle Coal Company Inc · Over-exertion in lifting objects
He was unloading supplies when he felt pain in lower back, pulled muscle.
April 21, 2008
KY · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
MACHINERY
Eagle Coal Company Inc · Struck by falling object
He was bolting roof When he was changing drill steel. When the steel fell out an hit his hand cutting his right thumb. He received 16 stitches. No lost time.
April 7, 2008
KY · Coal
laborer, bull gang, parts runner, roustabout, roof trimmer/scaler
STRIKING OR BUMPING
Eagle Coal Company Inc · Struck against stationary object
He was helping to move mine. He was walking with his headto one side. When his left ear hit a roof bolt and cut it. He received 5 stitches in his left ear. Came back to work on "No lost time".
Eagle Coal Company Inc · Struck by... (Not Elsewhere Classified)
Using a utility knife, working on the phone line when the knife slipped and cut his middle finger on his left hand. EE received 3 stitches at the ER and returned to work and finished his shift. No time lost.
2007 · 1 incident
Eagle Coal Company Inc · Accident type, without injuries
2nd shift 220 feet in mining hit auger hole. Mines pre law. No accurate mine maps are available. Inundation of water.