Mining Incidents

No 4: 140 MSHA citations Coal

Mayo Resources Inc · Surface
Controlled by James H Booth
Davella, Martin County, KY  ·  Abandoned
MSHA Mine ID: 1518326

No 4 has $93K in proposed MSHA penalties and $0 outstanding across 24 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
17
Years on record
2006–2013
Latest incident
Apr 2013
Compliance record
MSHA citations since 2001
140
citations
61
significant & substantial
$92,677
proposed penalties
$80,075
paid to date
86% of proposed penalties paid to date, a $12,602 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
52
inspections on record
1,976
inspection hours
7.1
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.
140 citations across 1,976 inspection hours.
Source: MSHA inspections data, updated weekly.

No 4 has $93K in proposed MSHA penalties and $0 outstanding across 24 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.
$93K
proposed penalties
$80K
current assessed
$80K
paid to date
$0
outstanding
140 assessments are final orders; 24 contested dockets.
Of $61K in penalties contested before the Commission, $48K was upheld in final decisions.
As of the most recent assessment on 2013-09-17.
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.
43.6%
significant & substantial
0.7%
high negligence or reckless
42.1%
reasonably likely or greater
15.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.7% none, 20.0% low, 78.6% moderate, 0.7% 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.
43 citations taken to the federal commission · 31% of citations on record
  • Settled 43 · 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 27 decided S&S contests · industry: 79%
21%
Penalty reduction in decided contests
$58K proposed, $46K 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 2013-12-03.
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 2008-300 Settlement Bulluck 2008 $30K → $24K
KENT 2009-496 Settlement Lasher 2010 $8K → $6K
KENT 2008-1148 Settlement Paez 2009 $6K → $4K
KENT 2009-1272 Settlement Lesnick 2010 $5K → $4K
KENT 2011-737 Settlement Paez 2011 $2K → $2K
KENT20022002 Settlement Weisberger 2002 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 4 shows 100% of 150 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: 2014-02-26, 12 years ago
100%
within 1.5 mg/m3
150
samples
1.04
dust max (mg/m3)
150 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR38
  • HIGHLIFT OPERATOR/FRONT END LOADER33
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE31

Silica (quartz)

Last sampled: 2004-10-12, 21 years ago
38.0
silica avg (%)
1
samples
38.0
silica max (%)
Most-sampled occupations
  • BULLDOZER 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: 2014-02-26, 12 years ago
4%
over PEL
94
samples
Most-sampled occupations
  • BULLDOZER OPERATOR29
  • HIGHLIFT OPERATOR/FRONT END LOADER17
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE12
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
2014 100% 3
2013 100% 14
2012 100% 12
2011 100% 12
2010 100% 13
2009 100% 12
2008 100% 11
2007 100% 10
2006 100% 12
2005 100% 16
2004 100% 11
2003 100% 7
2002 100% 8
2001 100% 9
Noise by year
Year over PEL samples
2014 0% 3
2013 0% 7
2012 0% 6
2011 0% 5
2010 0% 5
2008 0% 6
2007 0% 4
2006 7% 14
2005 0% 8
2004 0% 5
2003 0% 2
2002 6% 16
2001 15% 13
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 4 recorded 2.89 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
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.
2.89
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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
2013 * 2.89 0.00 0.000
2012 * 7.21 4.81 0.000
2011 * 2.31 2.31 0.000
2010 3.69 3.69 0.000
2009 1.21 1.21 0.000
2008 * 2.02 2.02 0.000
2007 * 2.27 0.00 0.000
2006 * 4.10 2.05 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. Mayo Resources Inc 2001 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)
2014 6 14,741
2013 29 182,753
2012 31 206,369
2011 43 218,562
2010 57 406,464
2009 57 468,765
2008 36 460,957
2007 29 435,708
2006 36 388,298
2005 37 382,177
2004 36 499,965
2003 26 228,188
2002 28 378,235
2001 21 336,055
Source: MSHA quarterly employment and production, updated weekly.

No 4 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
2014 Q4 1,484 0 0 0.0
2014 Q3 3,972 0 0 0.0
2014 Q2 3,994 0 0 0.0
2014 Q1 5,327 0 0 0.0
2013 Q4 9,313 0 0 0.0
2013 Q3 16,983 2 1 117.8
2013 Q2 23,325 0 0 0.0
2013 Q1 19,616 2 1 102.0
Show 48 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q4 22,306 0 0 0.0
2012 Q3 18,419 1 1 54.3
2012 Q2 24,408 1 0 41.0
2012 Q1 18,068 0 0 0.0
2011 Q4 20,464 2 0 97.7
2011 Q3 18,507 0 0 0.0
2011 Q2 12,470 8 3 641.5
2011 Q1 35,191 7 4 198.9
2010 Q4 41,686 0 0 0.0
2010 Q3 40,963 3 1 73.2
2010 Q2 35,793 0 0 0.0
2010 Q1 43,981 2 0 45.5
2009 Q4 39,037 0 0 0.0
2009 Q3 37,122 0 0 0.0
2009 Q2 47,676 5 3 104.9
2009 Q1 41,668 0 0 0.0
2008 Q4 33,450 2 1 59.8
2008 Q3 22,326 1 0 44.8
2008 Q2 19,065 1 1 52.5
2008 Q1 24,036 0 0 0.0
2007 Q4 18,998 13 1 684.3
2007 Q3 23,678 0 0 0.0
2007 Q2 20,526 24 10 1169.2
2007 Q1 25,048 0 0 0.0
2006 Q4 35,503 14 10 394.3
2006 Q3 22,162 0 0 0.0
2006 Q2 19,165 5 1 260.9
2006 Q1 20,655 2 0 96.8
2005 Q4 15,099 0 0 0.0
2005 Q3 19,432 7 5 360.2
2005 Q2 25,581 0 0 0.0
2005 Q1 36,830 3 0 81.5
2004 Q4 43,756 0 0 0.0
2004 Q3 18,631 6 4 322.0
2004 Q2 23,211 0 0 0.0
2004 Q1 18,527 4 2 215.9
2003 Q4 22,404 0 0 0.0
2003 Q3 6,114 1 0 163.6
2003 Q2 26,686 0 0 0.0
2003 Q1 19,435 1 1 51.5
2002 Q4 21,648 0 0 0.0
2002 Q3 17,250 1 0 58.0
2002 Q2 22,748 0 0 0.0
2002 Q1 18,316 5 2 273.0
2001 Q4 21,782 0 0 0.0
2001 Q3 15,861 0 0 0.0
2001 Q2 15,815 4 2 252.9
2001 Q1 4,710 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

17 on file

2013 · 1 incident

April 20, 2013 KY · Coal mechanic helper HANDLING OF MATERIALS
Mayo Resources Inc · Struck by... (Not Elsewhere Classified)

Employee was helping install lift jack on 900 loader. The cable came off the pulley of boom truck giving slack to the chain hook. The hook hit employee on top of his head cutting it. He received 4 stitches. Came back to work next day.

2012 · 3 incidents

July 2, 2012 KY · Coal welder (shop) MACHINERY
Mayo Resources Inc · Over-exertion (Not Elsewhere Classified)

Employee was welding on a loader when he twisted to get to the work spot to weld he felt pain in his neck.

April 25, 2012 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Mayo Resources Inc · Struck against stationary object

Employee was working on a drill when he bumped his head on the deck of the drill, cutting the top of his head. He received 3 stitches. No lost time.

January 3, 2012 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Mayo Resources Inc · Struck against a moving object

Repetitive Motion

2011 · 1 incident

December 22, 2011 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Mayo Resources Inc · Struck against a moving object

Employee was operating rock truck going up a hill. The truck spun out and slid backwards straining his back. Employee did not report it to his supervisor until 12/27/11 and went off work on 1/2/2012.

2010 · 3 incidents

August 4, 2010 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Mayo Resources Inc · Over-exertion in pulling or pushing objects

Employee was entering dozer when he grabbed the hand rail to pull himself onto top step when he felt his right shoulder pop.

April 11, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Mayo Resources Inc · Struck against a moving object

EE was operating a rock truck when he was backing up to get loaded he backed into the loader.

February 24, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Mayo Resources Inc · Struck against a moving object

EE was operating a rock truck coming out of the coal pit and the tire hit a hole in the road spinning the steering wheel and it jammed the EE's right shoulder.

2009 · 4 incidents

December 3, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Mayo Resources Inc · Over-exertion in lifting objects

EE was helping install rear end in truck. Felt pain in shoulder while lifting rear end. Continued to work full time until scheduled for surgery. Will be off work for 3-4 months for recovery.

September 15, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Mayo Resources Inc · Struck against a moving object

Driver drove truck into ditch and over turned. He received 3 stitches on his left jaw.

June 10, 2009 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Mayo Resources Inc · Over-exertion (Not Elsewhere Classified)

EE was loading holes, when he got back in power truck to sit down, his lower back started to hurt. He went off work on 6/22/09.

May 29, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Mayo Resources Inc · Fall to the walkway or working surface

It had been raining all night and was now down to a sprinkle. It wasn't completely daylight due to the rain. EE was pulling a winch cable out of the boom to hook onto the dozer track. He was walking backwards in the mud and tripped over a sprocket segment with his left foot. He slipped and fell on his right hip.

2008 · 2 incidents

October 31, 2008 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Mayo Resources Inc · Caught in, under or between a moving and a stationary object

Tramming drill with door open and hand on door facing. Door shut and smashed EE's fingers. Fingernail removed from middle finger on right hand.

May 28, 2008 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
Mayo Resources Inc · Over-exertion (Not Elsewhere Classified)

EE was getting out of Prell Truck, when he slipped off step and pulled muscles in his back. EE did not go off work until 6/17/08, he came back on 6/23/08.

2007 · 1 incident

February 20, 2007 KY · Coal welder (shop) HANDTOOLS (NONPOWERED)
Mayo Resources Inc · Struck by... (Not Elsewhere Classified)

He heated a piece of metal on the blade of a dozer. Another employee struck it with a sledgehammer. The handle broke on the hammer. The head of the hammer went into the air and came down and hit employee on top of his head. Cut on top of his head. 6 staples, "{no lost time".

2006 · 2 incidents

May 8, 2006 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Mayo Resources Inc · Struck against a moving object

working in shot he backed over some rocks, felt pain in back.

March 13, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Mayo Resources Inc · Struck by falling object

Putting tie rod on rock truck. Tie rod slipped off hitting his pinky finger on right hand - 3 stitches. No lost time