Mining Incidents

No. 5: 94 MSHA citations Coal

Controlled by James H Booth
Lovely, Martin County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518026

No. 5 has $8K in proposed MSHA penalties and $2K outstanding across 10 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
18
Years on record
1999–2004
Latest incident
Sep 2004
Compliance record
MSHA citations since 2000
94
citations
19
significant & substantial
$7,701
proposed penalties
$5,071
paid to date
66% of proposed penalties paid to date, a $2,630 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
45
inspections on record
1,263
inspection hours
7.4
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.
94 citations across 1,263 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 5 has $8K in proposed MSHA penalties and $2K outstanding across 10 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.
$8K
proposed penalties
$7K
current assessed
$5K
paid to date
$2K
outstanding
85 assessments are final orders; 10 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2004-08-30.
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.
22.4%
significant & substantial
0.0%
high negligence or reckless
20.0%
reasonably likely or greater
3.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 34.1% low, 65.9% moderate, 0.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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
KENT20000186 Default Barbour 2000 $999 → $999
KENT-2004-229 Settlement Lesnick 2004 $625 → $500
KENT 2004-262 Dismissal Lesnick 2004 $619 → $619
KENT 2005-17 Settlement Lesnick 2004 $417 → $405
KENT 2004-192 Settlement Melick 2004 $400 → $320
KENT 2004-199 Dismissal Lesnick 2004 $268 → $0
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 5 shows 91% of 121 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: 2004-08-31, 21 years ago
91%
within 1.5 mg/m3
121
samples
3.25
dust max (mg/m3)
65 samples taken by MSHA inspectors, 56 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR57
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)15
  • SCOOP CAR OPERATOR11

Silica (quartz)

Last sampled: 2004-07-02, 22 years ago
5.8
silica avg (%)
19
samples
10.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR12

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: 2004-06-22, 22 years ago
14%
over PEL
22
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)7
  • CONTINUOUS MINER OPERATOR5
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)3
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
2004 91% 46
2003 94% 47
2000 86% 28
Silica (quartz) by year
Year silica avg (%) samples
2004 5.0 7
2003 5.9 9
2000 7.1 3
Noise by year
Year over PEL samples
2004 10% 10
2003 33% 6
2000 0% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 5 recorded 9.36 reportable injury cases per 100 full-time workers in 2004.

Injury rate, 2004
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.
9.36
total case rate
9.36
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 5.57 and the all-US-mining average was 4.33 cases per 100 workers.
In Kentucky, coal mining averaged 5.89 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. Bethel Energy Corp 1998 to 2002
  2. Argus Energy, LLC 2002 to 2002
  3. Coalburg Enterprises, Inc. 2002 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)
2004 19 218,681
2003 31 325,346
2001 0
2000 22 81,349
Source: MSHA quarterly employment and production, updated weekly.

No. 5 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
2004 Q4 0 0 0
2004 Q3 8,760 5 1 570.8
2004 Q2 15,181 11 2 724.6
2004 Q1 18,779 17 2 905.3
2003 Q4 21,360 7 0 327.7
2003 Q3 17,636 14 1 793.8
2003 Q2 22,241 13 1 584.5
2001 Q4 0 0 0
Show 3 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2001 Q3 0 5 0
2000 Q2 20 4 0 200000.0
2000 Q1 24,468 11 8 449.6
No fatalities recorded at this mine.

Reportable incidents

18 on file

2004 · 2 incidents

September 11, 2004 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Coalburg Enterprises, Inc. · Struck by falling object

EE was walking around roof bolter when a rock fell in between roof bolts hitting him in the head. Rock was about 1 inch thick 1 foot wide.

May 21, 2004 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Coalburg Enterprises, Inc. · Struck by... (Not Elsewhere Classified)

EE WAS DRILLING HOLE IN ROOF FOR ROOF BOLT WHEN DRILL STEEL BENT, HITTING HIS LEFT HAND AND BREAKING HIS LEFT WRIST.

2003 · 4 incidents

December 16, 2003 KY · Coal FALL OF ROOF OR BACK
Coalburg Enterprises, Inc. · Accident type, without injuries

FELL JUST ABOVE BOLTS FROM SPAD 1103 TO 1429 (3 FULL INTERSECTIONS IN #5 ENTRY. BUTTED OFF #5 ENTRY INBY SPAD #1429 LEAVING A BARRIER BLOCK 60" THICK. INSTALLED SUPPLEMENT ROOF SUPPORT IN #4 A ND #6 ENTRY BY ADDING ROPE BOLTS AND CRIBBING 4 RIGHT BREAK THROUGHS AND CRIBBING 6 LEFT BREAK THROUGHS IN AFFECT AREA.

November 11, 2003 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider MACHINERY
Coalburg Enterprises, Inc. · Struck by... (Not Elsewhere Classified)

EE WAS DRILLING A CONNECTOR ON A CABLE AND IT GOT FOULED UP. DRILL BIT KICKED AROUND & HIT RING FINGER AND LITTLE FINGER.

September 20, 2003 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss

EE WAS WALKING AND CUTTING A BELT CLAMP HIS FOOT SLIPED AND HURT HIS HIP.

May 27, 2003 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs)

THE EE HAD FINISHED BOLTING AND BACKED BOLTER UP& WAS CHANGING BITS OUT WHEN A PIECE OF DRAW ROCK FELL 2" THICK, 6'LONG IN #2 ENTRY ON SECTION DRAW ROCK HIT HIM ON BACK OF NECK & LEFT SHOULDER

2000 · 7 incidents

June 12, 2000 KY · Coal FALL OF ROOF OR BACK
Bethel Energy Corp · Accident type, without injuries

CHIEF ELECT AND MINE FOREMAN WAS CALLED OUT AT 6:00 PM TO CHECK POWER PROBLEM. FOUND ROOF FALL TRACK ENTRY #2 BELTHEAD, FALL MEASURED 18' WIDE,BY 60' LENGTH BY 5' THICK. THIS AREA WAS BOLTED WITH 48" RESIN BOLTS.

May 24, 2000 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Bethel Energy Corp · Struck by... (Not Elsewhere Classified)

EE WAS CLOSING GARAGE DOOR TO SUPPLY ROOM, WHEN ROLLERS AND PINS BROKE OUT OF A SECTION OF THE DOOR, LETTING THAT SECTION OF THE DOOR COLLAPSE AND HIT EE IN THE BACK OF HIS HEAD AND NECK. Y

May 24, 2000 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler MACHINERY
Bethel Energy Corp · Struck by... (Not Elsewhere Classified)

EE WAS DRILLING TOP, DRILL STEEL WRENCH CAME OFF HEAD OF BOLT, MASHED LEFT HAND CAUSING LACERATION. WILL NEED SUTURES.

February 21, 2000 KY · Coal electrician, lineman SLIP OR FALL OF PERSON
Bethel Energy Corp · Over-exertion (Not Elsewhere Classified)

EE WAS PUTTING HYDRAULIC PUMP ON 488 S & S SCOOP, FOOT SLIPPED ON OILY SURFACE TWISTED KNEE.

February 21, 2000 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Bethel Energy Corp · Caught in, under or between running or meshing objects

EE WAS GREASING UNIVERSAL DRIVELINE ON LOCOMOTIVE, PUT LEFT HAND ON U-JOINT TO ROTATE DRIVELINE AROUND TO GREASE FITTING. (EE DIDN'T HAVE PARK BRAKE SET.) LOCOMOTIVE STARTED FREEWHEELING, GLOV E CAUGHT IN U-JOINT WHILE LOCOMOTIVE WAS FREEWHEELING, CAUSING REMOVAL TO TIP OF LEFT RING RINGER.

February 18, 2000 KY · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
Bethel Energy Corp · Struck by falling object

EE WAS OPERATING REMOTE CONTROL CONTINOUS MINER CUTTING FACE OF #9 ENTRY PIECE OF DRAW SLATE FELL FROM BETWEEN RIB AND ROOF BOLT STRIKING EE ON HEAD, RT SIDE OF FACE, AND RT ARM CAUSING LACERA TIONS.

January 11, 2000 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Bethel Energy Corp · Caught in, under or between a moving and a stationary object

EE WAS ATTEMPTING TO PULL DRILL STEEL OUT OF HOLE THAT WAS DRILLED. CAUGHT MIDDLE RT FINGER BETWEEN DRILL STEEL AND ROOF BOLTING WRENCH MASHING FINGER.

1999 · 5 incidents

December 17, 1999 KY · Coal continuous miner operator, coal mole operator MACHINERY
Bethel Energy Corp · Struck by falling object

EE WAS OPERATING A REMOTE CONTROL CONTINUOUS MINER, WHEN A PIECE OF DRAW ROCK FELL FROM BETWEEN 2 ROWS OF BOLTS, STRIKING EE IN HEAD AND NECK. ROCK MEASURED APPROX 3 1/2' X 5' X 3".

October 13, 1999 KY · Coal FALL OF ROOF OR BACK
Bethel Energy Corp · Accident type, without injuries

ROOF FALL OCCURRED #5 ENTRY 2 BRKS IN BY SPAD 632, FALL MEASURED 17 FT WIDE BY 25 FT LONG BY 7 FT THICK. THIS AREA WAS BOLTED WITH 72" TORQUETENSION BOLTS. FALL DID NOT INTERFERE WITH MINE VENTILATION.

September 6, 1999 KY · Coal FALL OF ROOF OR BACK
Bethel Energy Corp · Accident type, without injuries

MINE FOREMAN MADE FIREBOSS EXAM, DISCOVERED ROOF FALL #5 ENTRY, 65' INBY SPAD 619. FALL MEASURED 40' X 18' X 8'. FELL ON TOP OF ROOF BOLTER. DID NOT INTERFERE WITH MINE VENTILATION.

August 28, 1999 KY · Coal FALL OF ROOF OR BACK
Bethel Energy Corp · Accident type, without injuries

ROOF FALL #6 ENTRY 1 BREAK OUTBY SPAD 456, FALL MEASURED 6' THICK X 18'WIDEX18'LONG. FALL DID NOT INTERFERE W VENTILAITON . DANGERED OFF & CRIBBED

August 16, 1999 KY · Coal FALL OF ROOF OR BACK
Bethel Energy Corp · Accident type, without injuries

DAY SHIFT PRODUCTION FOREMAN FIREBOSSING FACES, DISCOVERED ROOF FALL #3 HEADING. FALL MEASURED 65'LX12'TX19'W. FALL DID NOT INTERFERE WITH MINE VENTILATION.