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.
815 citations across 6,421 inspection hours.
Source: MSHA inspections data, updated weekly.
NO. 405 has $383K in proposed MSHA penalties and $113K outstanding across 32 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.
$383K
proposed penalties
$263K
current assessed
$151K
paid to date
$113K
outstanding
778 assessments are final orders; 32 contested dockets.
Of $240K in penalties contested before the Commission, $120K was upheld in final decisions.
As of the most recent assessment on 2012-06-14.
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.
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.
175citations taken to the federal commission · 21% of citations on record
Settled
167 · 95%
Stood as issued
8 · 5%
99%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 84 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$240K proposed, $120K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2012-05-07.
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.
MSHA sampling at NO. 405 shows 94% of 546 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: 2012-01-11, 14 years ago
94%
within 1.5 mg/m3
546
samples
5.45
dust max (mg/m3)
265 samples taken by MSHA inspectors, 281 by the operator.
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.
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.
NO. 405 recorded 8.45 reportable injury cases per 100 full-time workers in 2011.
Injury rate, 2011
ⓘ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.
8.45
total case rate
8.45
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Kentucky, coal mining averaged 4.28 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
2011 *
8.45
8.45
0.000
2010 *
5.17
5.17
0.000
2009
4.99
4.99
0.000
2008 *
0.00
0.00
0.000
2007 *
0.00
0.00
0.000
2006 *
0.00
0.00
0.000
2003 *
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.
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)
2012
7
8,461
2011
28
188,927
2010
30
194,966
2009
40
353,028
2008
33
319,475
2007
29
216,619
2006
21
142,668
2003
19
50,732
2002
17
35,376
2001
11
2,932
Source: MSHA quarterly employment and production, updated weekly.
NO. 405 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
2012 Q2
0
3
0
2012 Q1
9,370
12
1
1280.7
2011 Q4
17,156
10
1
582.9
2011 Q3
17,413
29
6
1665.4
2011 Q2
18,330
29
3
1582.1
2011 Q1
18,112
15
4
828.2
2010 Q4
17,708
5
4
282.4
2010 Q3
17,244
29
7
1681.7
Show 25 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2010 Q2
20,521
50
9
2436.5
2010 Q1
21,884
94
33
4295.4
2009 Q4
28,263
27
3
955.3
2009 Q3
30,446
49
14
1609.4
2009 Q2
33,647
33
3
980.8
2009 Q1
27,845
9
2
323.2
2008 Q4
29,709
6
1
202.0
2008 Q3
18,684
20
7
1070.4
2008 Q2
18,393
8
2
434.9
2008 Q1
16,902
5
0
295.8
2007 Q4
15,630
6
2
383.9
2007 Q3
14,365
28
7
1949.2
2007 Q2
15,906
27
6
1697.5
2007 Q1
20,961
15
2
715.6
2006 Q4
21,751
20
5
919.5
2006 Q3
29,816
5
0
167.7
2006 Q2
4,912
3
0
610.7
2006 Q1
0
0
0
2003 Q4
4,646
39
20
8394.3
2003 Q3
1,420
0
0
0.0
2003 Q2
3,658
0
0
0.0
2003 Q1
11,497
24
12
2087.5
2002 Q4
8,060
3
1
372.2
2002 Q3
5,262
17
9
3230.7
2001 Q4
3,845
0
0
0.0
No fatalities recorded at this mine.
Reportable incidents
9 on file
2011 · 4 incidents
November 16, 2011KY · Coalbeltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor riderHANDLING OF MATERIALS
Employee called 3/14/11 to say he wouldn't be in. Called back on 3/15/11 to say he hurt his knee at the mine on 3/12/11, but didn't know how or where. Brought doctor's excuse on 3/17/11 and said he could report back to work 3/21/11. Called back 3/21/11 and said he had a torn ligament.
February 24, 2011KY · Coalbull gang foreman, labor foreman, leadman, section foreman, shift bossOTHER
Employee was going to return airway to check on set of air lock doors. He did not check back in and was found unresponsive. No contributing factors, suspected heart attack.
2010 · 2 incidents
November 22, 2010KY · Coaldiscontinued 1/31/2014. several other codes cover scoop car operatorHANDLING OF MATERIALS
Belt man was riding a four wheel buggy up #6 belt line when front wheel fell off. When wheel came off steering wheel kicked around and struck his hand.