Mining Incidents

No 4: 516 MSHA citations Coal

Cavalier Mineral Inc · Underground
Controlled by Gary Dotson
Elkhorn City, Pike County, KY  ·  NonProducing
MSHA Mine ID: 1519280

No 4 has $102K in proposed MSHA penalties and $138 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
9
Years on record
2009–2019
Latest incident
Aug 2019
Compliance record
MSHA citations since 2008
516
citations
68
significant & substantial
$102,166
proposed penalties
$91,161
paid to date
89% of proposed penalties paid to date, a $11,005 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
121
inspections on record
12,011
inspection hours
4.3
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.
516 citations across 12,011 inspection hours.
Source: MSHA inspections data, updated weekly.

No 4 has $102K in proposed MSHA penalties and $138 outstanding across 3 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.
$102K
proposed penalties
$91K
current assessed
$91K
paid to date
$138
outstanding
511 assessments are final orders; 3 contested dockets.
Of $16K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2024-08-05.
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.
13.3%
significant & substantial
2.9%
high negligence or reckless
13.5%
reasonably likely or greater
11.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 13.8% low, 83.0% moderate, 2.9% 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.
5 citations taken to the federal commission · 1% of citations on record
  • Settled 5 · 100%
25%
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 4 decided S&S contests · industry: 79%
69%
Penalty reduction in decided contests
$16K proposed, $5K 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 2015-09-15.
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 2015-0670 Settlement Simonton 2016 $11K → $3K
KENT 2013-317 Settlement Andrews 2013 $4K → $2K
KENT 2014-0403 Settlement Andrews 2014 $425 → $200
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 4 shows 96% of 1,136 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: 2022-08-23, 4 years ago
96%
within 1.5 mg/m3
1,136
samples
5.87
dust max (mg/m3)
6
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
419 samples taken by MSHA inspectors, 717 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR563
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)235
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)120

Silica (quartz)

Last sampled: 2022-05-05, 4 years ago
6.2
silica avg (%)
50
samples
17.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR44
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)6

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: 2022-02-02, 4 years ago
3%
over PEL
105
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)30
  • CONTINUOUS MINER OPERATOR15
  • UTILITY MAN13
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
2022 100% 62
2021 100% 75
2020 100% 131
2019 99% 118
2018 100% 126
2017 99% 132
2016 97% 90
2015 92% 52
2014 87% 55
2013 84% 56
2012 96% 54
2011 92% 73
2010 91% 54
2009 82% 50
2008 100% 8
Silica (quartz) by year
Year silica avg (%) samples
2022 7.6 1
2021 6.3 4
2020 5.9 3
2019 4.3 3
2018 6.4 7
2017 6.7 6
2016 5.3 3
2015 8.0 4
2014 5.3 2
2013 7.7 2
2012 6.6 5
2011 5.4 6
2010 7.0 2
2009 5.5 2
Noise by year
Year over PEL samples
2022 0% 5
2021 0% 1
2020 0% 13
2019 0% 1
2018 0% 7
2017 0% 7
2016 0% 7
2015 0% 7
2014 7% 27
2012 0% 7
2011 0% 6
2010 0% 6
2009 9% 11
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 4 recorded 0.00 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.26 and the all-US-mining average was 2.12 cases per 100 workers.
In Kentucky, coal mining averaged 4.58 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
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2020 * 0.00 0.00 0.000
2019 * 11.70 11.70 0.000
2018 * 11.05 11.05 0.000
2017 * 0.00 0.00 0.000
2016 * 5.84 5.84 0.000
2015 * 0.00 0.00 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. P B Dirt Movers Inc 2008 to 2008
  2. Cavalier Mineral Inc 2008 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)
2023 27 17,000
2022 18 45,821
2021 19 169,734
2020 18 78,547
2019 19 55,935
2018 19 77,997
2017 19 85,740
2016 23 70,771
2015 29 108,077
2014 28 120,852
2013 27 112,379
2012 29 134,378
2011 30 144,934
2010 23 100,993
2009 13 48,394
2008 9 6,387
Source: MSHA quarterly employment and production, updated weekly.

No 4 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
2023 Q2 8,136 0 0 0.0
2023 Q1 7,500 0 0 0.0
2022 Q4 6,120 1 0 163.4
2022 Q3 6,647 1 0 150.4
2022 Q2 7,074 3 0 424.1
2022 Q1 7,664 4 1 521.9
2021 Q4 7,429 5 1 673.0
2021 Q3 9,652 2 1 207.2
Show 52 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q2 9,861 2 0 202.8
2021 Q1 9,690 1 0 103.2
2020 Q4 10,404 5 0 480.6
2020 Q3 9,863 5 0 506.9
2020 Q2 10,180 13 1 1277.0
2020 Q1 10,001 6 0 599.9
2019 Q4 8,534 0 0 0.0
2019 Q3 9,300 6 1 645.2
2019 Q2 8,600 19 1 2209.3
2019 Q1 7,764 6 2 772.8
2018 Q4 9,214 4 0 434.1
2018 Q3 9,410 6 0 637.6
2018 Q2 9,145 26 2 2843.1
2018 Q1 8,445 11 1 1302.5
2017 Q4 9,858 5 0 507.2
2017 Q3 7,869 12 0 1525.0
2017 Q2 7,910 6 0 758.5
2017 Q1 7,744 3 1 387.4
2016 Q4 8,524 8 1 938.5
2016 Q3 8,233 4 0 485.8
2016 Q2 12,127 3 0 247.4
2016 Q1 5,345 5 2 935.5
2015 Q4 13,573 10 1 736.8
2015 Q3 11,151 8 1 717.4
2015 Q2 13,794 25 2 1812.4
2015 Q1 12,938 13 1 1004.8
2014 Q4 14,251 18 2 1263.1
2014 Q3 13,579 4 0 294.6
2014 Q2 13,658 7 0 512.5
2014 Q1 13,047 5 1 383.2
2013 Q4 12,540 8 0 638.0
2013 Q3 12,483 20 5 1602.2
2013 Q2 8,063 20 1 2480.5
2013 Q1 8,876 25 5 2816.6
2012 Q4 18,323 21 4 1146.1
2012 Q3 16,658 24 2 1440.7
2012 Q2 16,181 9 3 556.2
2012 Q1 16,070 8 2 497.8
2011 Q4 18,724 15 3 801.1
2011 Q3 28,289 11 5 388.8
2011 Q2 16,354 8 1 489.2
2011 Q1 15,405 3 0 194.7
2010 Q4 23,369 4 1 171.2
2010 Q3 14,677 4 1 272.5
2010 Q2 13,409 9 1 671.2
2010 Q1 5,809 9 0 1549.3
2009 Q4 7,550 0 0 0.0
2009 Q3 5,594 3 0 536.3
2009 Q2 6,450 11 2 1705.4
2009 Q1 5,745 17 6 2959.1
2008 Q4 6,127 9 1 1468.9
2008 Q3 120 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

9 on file

2019 · 2 incidents

August 15, 2019 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Cavalier Mineral Inc · Struck by powered moving object

During operation the bolter slid sideways and came to rest on top of employee's foot.

August 7, 2019 KY · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
Cavalier Mineral Inc · Struck by falling object

A rock fall striking EE on right leg while EE was operating continuous miner.

2018 · 2 incidents

April 13, 2018 KY · Coal scoop tram operator, load/haul/dump operator HANDLING OF MATERIALS
Cavalier Mineral Inc · Struck by falling object

EE was helping load structure and dropped one end of the structure and it landed on right hand striking right thumb.

January 26, 2018 KY · Coal continuous miner helper, coal mole helper, bridgeman FALL OF ROOF OR BACK
Cavalier Mineral Inc · Struck by falling object

Employee was pulling miner cable when a rock fell on left ankle. Took to Pikeville Medical Center for evaluation of injured ankle, x-ray showed no major injury, nothing broken. Employee received 3 days off - paid by employer - Saturday, Monday, & Tuesday.

2016 · 1 incident

July 25, 2016 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Cavalier Mineral Inc · Over-exertion in lifting objects

Employee was lifting on belt putting structure in.

2014 · 2 incidents

July 21, 2014 KY · Coal belt foreman, maintenance foreman, maintenance supervisor POWERED HAULAGE
Cavalier Mineral Inc · Struck against a moving object

EE was not feeling well before going underground. He rode in on his 4-wheeler, went to the feeder told the shuttle car operator he was not feeling well so he was going to leave to go home, but he would stop and check his drive on the way out. Said he didn't do anything to hurt himself but hurt worse as he rode.

April 7, 2014 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Cavalier Mineral Inc · Caught in, under or between a moving and a stationary object

EE was operating a ram car. He was turning a corner with his arm outside the operators deck. He turned the corner and the trailer caught his right arm between a pinch point of the ram car.

2013 · 1 incident

June 6, 2013 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Cavalier Mineral Inc · Struck against a moving object

Employee said he hit the rib with the 21SC and he hit his head on the canopy.

2009 · 1 incident

October 6, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Cavalier Mineral Inc · Struck by falling object

EE was in process of tramming double head roof bolter into the #4 heading. After arrival in heading a rock measuring 1x1x3/4 fell from mine roof, striking ee on left hand, resulting in hairline fracture of left thumb.