Mining Incidents

No 6: 261 MSHA citations Coal

Coalburg Enterprises Inc · Underground
Controlled by James H Booth
Ulysses, Lawrence County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518660

No 6 has $41K in proposed MSHA penalties and $0 outstanding across 22 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
2003–2010
Latest incident
Apr 2010
Compliance record
MSHA citations since 2003
261
citations
85
significant & substantial
$41,244
proposed penalties
$34,536
paid to date
84% of proposed penalties paid to date, a $6,708 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
52
inspections on record
2,312
inspection hours
11.3
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.
261 citations across 2,312 inspection hours.
Source: MSHA inspections data, updated weekly.

No 6 has $41K in proposed MSHA penalties and $0 outstanding across 22 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.
$41K
proposed penalties
$35K
current assessed
$35K
paid to date
$0
outstanding
251 assessments are final orders; 22 contested dockets.
Of $24K in penalties contested before the Commission, $17K was upheld in final decisions.
As of the most recent assessment on 2010-04-28.
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.
33.9%
significant & substantial
2.0%
high negligence or reckless
33.9%
reasonably likely or greater
5.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.9% low, 82.1% moderate, 2.0% 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.
86 citations taken to the federal commission · 33% of citations on record
  • Settled 73 · 85%
  • Stood as issued 13 · 15%
98%
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 49 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$23K proposed, $16K 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 2010-11-15.
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 2009-1333 Settlement Lesnick 2010 $3K → $1K
KENT 2010-518 Settlement Lesnick 2010 $2K → $2K
KENT 2010-126 Settlement Feldman 2011 $2K → $634
KENT 2009-1332 Dismissal Lesnick 2011 $2K → $2K
KENT 2009-1067 Settlement Lesnick 2009 $2K → $1K
KENT 2011-253 Settlement Andrews 2011 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 6 shows 95% of 196 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: 2010-03-17, 16 years ago
95%
within 1.5 mg/m3
196
samples
3.81
dust max (mg/m3)
86 samples taken by MSHA inspectors, 110 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR104
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)21
  • SCOOP CAR OPERATOR13

Silica (quartz)

Last sampled: 2009-12-30, 16 years ago
3.9
silica avg (%)
8
samples
10.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR7

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: 2009-11-03, 16 years ago
4%
over PEL
27
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)7
  • CONTINUOUS MINER OPERATOR5
  • SCOOP CAR OPERATOR5
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
2010 94% 17
2009 98% 63
2006 100% 10
2005 95% 40
2004 90% 60
2003 100% 6
Silica (quartz) by year
Year silica avg (%) samples
2009 5.5 2
2005 3.1 2
2004 3.5 4
Noise by year
Year over PEL samples
2009 8% 12
2006 0% 5
2004 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 6 recorded 9.84 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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.
9.84
total case rate
9.84
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Kentucky, coal mining averaged 5.04 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
2009 * 9.84 9.84 0.000
2006 * 0.00 0.00 0.000
2005 * 4.86 4.86 0.000
2004 * 4.01 4.01 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. Beech Fork Processing Inc 2003 to 2006
  2. Coalburg Enterprises Inc 2006 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)
2010 33 78,999
2009 25 199,654
2008 4
2006 12 63,668
2005 19 183,438
2004 40 322,938
2003 15 19,554
Source: MSHA quarterly employment and production, updated weekly.

No 6 sits in Lawrence County, Kentucky, where the Census mining category is 3.4% 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.
Lawrence County, Kentucky · Population 16,171
3.4%
Mining share of county employment
$45,584
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
2010 Q2 18,383 6 2 326.4
2010 Q1 16,993 49 17 2883.5
2009 Q4 19,192 33 10 1719.5
2009 Q3 15,870 6 1 378.1
2009 Q2 17,247 9 8 521.8
2009 Q1 8,643 31 14 3586.7
2008 Q4 3,774 3 0 794.9
2008 Q3 360 5 3 13888.9
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q4 6,348 17 6 2678.0
2006 Q3 15,913 26 8 1633.9
2006 Q2 0 0 0
2006 Q1 0 0 0
2005 Q4 0 0 0
2005 Q3 1,345 0 0 0.0
2005 Q2 22,311 13 1 582.7
2005 Q1 17,473 11 4 629.5
2004 Q4 22,530 10 1 443.9
2004 Q3 14,209 13 2 914.9
2004 Q2 32,160 5 0 155.5
2004 Q1 30,788 5 3 162.4
2003 Q4 8,696 15 4 1724.9
No fatalities recorded at this mine.

Reportable incidents

15 on file

2010 · 4 incidents

April 27, 2010 KY · Coal INUNDATION
Coalburg Enterprises Inc · Accident type, without injuries

Water inundation inby survey station # 1010, # 3 heading in face continuous miner. Cut into old works on right side of cut. Unknown mine.

March 10, 2010 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Coalburg Enterprises Inc · Struck by falling object

Employee was roof bolting when a small piece of draw rock fell and struck him on the right shoulder.

2009 · 4 incidents

October 2, 2009 KY · Coal utility man, errand boy, service truck operator POWERED HAULAGE
Coalburg Enterprises Inc · Struck by falling object

Employee was installing timbers along the # 4 belt conveyor and a piece of coal fell striking his right hand. Contusion on his hand.

July 13, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Coalburg Enterprises Inc · Struck by falling object

Employee was spot bolting and a small piece of draw rock fell and hit him on the right hand and fractured his pinky finger.

April 13, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Coalburg Enterprises Inc · Over-exertion (Not Elsewhere Classified)

Driver was going to put oil in his truck, when he bent over and picked up bucket of oil, he hurt his back.

February 26, 2009 KY · Coal electrician, lineman SLIP OR FALL OF PERSON
Coalburg Enterprises Inc · Fall onto or against objects

Employee was going throw airlock door when the door. sliped and hit his lower left leg bruise it. He did not go off work until 3/6/29

2008 · 3 incidents

December 16, 2008 KY · Coal driller operator SLIP OR FALL OF PERSON
Coalburg Enterprises Inc · Caught in, under or between a moving and a stationary object

removed wet end of pump for rebuilding and was moving to drill tender. Stepped on power cable, lost footing and smashed finger between tender and wet end of pump.

September 5, 2008 KY · Coal FALL OF ROOF OR BACK
Coalburg Enterprises Inc · Accident type, without injuries

Roof fall, 1100' from the face at spad 1176 in old works. The fall was 7' high, 20' wide and 90' long. Fall will not be cleaned up . Entrance to fall is dangered off and supported as per roof control plan.

July 16, 2008 KY · Coal FALL OF ROOF OR BACK
Coalburg Enterprises Inc · Accident type, without injuries

Roof fall 1 break inside. The fall was 3' high, 8' width and 18 feet in length. The fall is dangered off and supported as per roof control plan. The mine is non-producing Intermittent. Work: pumping water.

2005 · 1 incident

April 15, 2005 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Beech Fork Processing Inc · Struck by falling object

Making belt move, laying top roller on rail, his grip slipped. Roller hit his left leg.

2004 · 2 incidents

September 30, 2004 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Beech Fork Processing Inc · Struck by falling object

EE was standing near face of coal seam. when loose rock fell and struck him. rock was 5' long 2' wide 2" thick.

2003 · 1 incident