Mining Incidents

No 7: 190 MSHA citations Coal

Dags Branch Coal Co., Inc · Underground
Controlled by James L Griffith
Feds Creek, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518345

No 7 has $21K in proposed MSHA penalties and $29 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
24
Years on record
2001–2005
Latest incident
Feb 2005
Compliance record
MSHA citations since 2001
190
citations
74
significant & substantial
$20,762
proposed penalties
$19,333
paid to date
93% of proposed penalties paid to date, a $1,429 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
73
inspections on record
2,156
inspection hours
8.8
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.
190 citations across 2,156 inspection hours.
Source: MSHA inspections data, updated weekly.

No 7 has $21K in proposed MSHA penalties and $29 outstanding across 1 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.
$21K
proposed penalties
$19K
current assessed
$19K
paid to date
$29
outstanding
189 assessments are final orders; 1 contested dockets.
Of $4K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2005-03-28.
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.
39.2%
significant & substantial
1.6%
high negligence or reckless
39.2%
reasonably likely or greater
7.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.7% low, 94.7% moderate, 1.6% 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.
2 citations taken to the federal commission · 1% of citations on record
  • Settled 2 · 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 2 decided S&S contests · industry: 79%
36%
Penalty reduction in decided contests
$4K proposed, $2K 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 2005-08-10.
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 2005-377 Settlement Bulluck 2005 $4K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 7 shows 96% of 272 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: 2005-02-23, 21 years ago
96%
within 1.5 mg/m3
272
samples
4.14
dust max (mg/m3)
132 samples taken by MSHA inspectors, 140 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR141
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)26
  • SCOOP CAR OPERATOR19

Silica (quartz)

Last sampled: 2004-07-12, 22 years ago
10.2
silica avg (%)
24
samples
21.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR11

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: 2005-01-12, 21 years ago
0%
over PEL
29
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
  • SCOOP CAR OPERATOR6
  • CONTINUOUS MINER 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
2005 100% 10
2004 99% 79
2003 97% 68
2002 90% 84
2001 97% 31
Silica (quartz) by year
Year silica avg (%) samples
2004 16.3 6
2003 5.9 8
2002 11.5 7
2001 6.9 3
Noise by year
Year over PEL samples
2005 0% 4
2003 0% 14
2002 0% 6
2001 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 7 recorded 28.30 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.
28.30
total case rate
28.30
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.
Year total case rate days-away fatal
2004 * 28.30 28.30 0.000
2003 * 47.23 33.73 0.000
2002 * 56.02 37.35 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. Dags Branch Coal Co., 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)
2006 0
2005 6 13,591
2004 13 92,893
2003 14 63,858
2002 15 75,229
2001 8 33,868
Source: MSHA quarterly employment and production, updated weekly.

No 7 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
2006 Q2 0 0 0
2006 Q1 0 0 0
2005 Q4 0 0 0
2005 Q3 0 0 0
2005 Q2 206 0 0 0.0
2005 Q1 4,865 12 6 2466.6
2004 Q4 6,728 19 7 2824.0
2004 Q3 6,769 18 7 2659.2
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2004 Q2 6,442 12 6 1862.8
2004 Q1 8,326 10 5 1201.1
2003 Q4 6,573 13 6 1977.8
2003 Q3 5,873 18 5 3064.9
2003 Q2 9,041 11 3 1216.7
2003 Q1 8,158 9 3 1103.2
2002 Q4 7,565 8 1 1057.5
2002 Q3 6,754 11 4 1628.7
2002 Q2 9,056 7 2 773.0
2002 Q1 8,754 14 4 1599.3
2001 Q4 7,665 18 13 2348.3
2001 Q3 6,107 9 2 1473.7
2001 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

24 on file

2005 · 1 incident

February 14, 2005 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Dags Branch Coal Co., Inc · Struck against a moving object

Ran shuttle car into scoop bucket causing him to hit canopy.

2004 · 4 incidents

October 28, 2004 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Dags Branch Coal Co., Inc · Struck against a moving object

Was running shuttle car and hit a hole jarring back.

May 26, 2004 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator SLIP OR FALL OF PERSON
Dags Branch Coal Co., Inc · Fall onto or against objects

SUBJECT WAS ATTEMPTING TO LIFT A BATTERY OUT WHEN STRAP BROKE, CAUSING HIM TO BE OFF BALANCE, HITTING HIS HEAD AGAINST ROOF OF MINE.

April 9, 2004 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Dags Branch Coal Co., Inc · Caught in, under or between a moving and a stationary object

EE WAS HELPING TO MOVE MINER FROM #3 HEADING TO #2. HE WAS LAYING CABLE UP ON SIDE OF MINER AND THE OPERATOR LET HEAD DOWN ONTO EE'S HAND. THIS BROKE EE'S THUMB ON RIGHT HAND.

2003 · 7 incidents

December 4, 2003 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDTOOLS (NONPOWERED)
Dags Branch Coal Co., Inc · Struck by... (Not Elsewhere Classified)

EE WAS SAWING TIMBERS AND WAS HOLDING TIMBER DOWN WITH LEFT HAND AND SAW CAME OUT AND SAW TOP OF HIS HAND.

August 5, 2003 KY · Coal continuous miner operator, coal mole operator

HE WAS HANGING MINER CABLE AND HURT BACK.

July 15, 2003 KY · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator MACHINERY
Dags Branch Coal Co., Inc · Caught in, under or between a moving and a stationary object

EE WAS HELPING ON COAL DRILL AND WAS TAKING DRILL STEEL APART WITH PIPE WRENCH. HE HAD THE WRENCHIN HIS HAND WHEN ROTATION KICKED ON AND PINNED HIS FINGER BETWEEN THE WRENCH AND BOOM OF DRILL.

July 7, 2003 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Dags Branch Coal Co., Inc · Struck by falling object

EE WAS TAKING A RUBBER HOSE TYPE WATERLINE DOWN FROM BERN HUNG AND HOSE FELL DOWN CATCHING HIM ON THE BACK OF HIS NECK KNOCKING HIM OFF HIS FEET ON TO HIS BACK.

February 4, 2003 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Dags Branch Coal Co., Inc · Fall to the walkway or working surface

HE WAS DIGGING A DITCH & STEPPED ON A SLICK ROCK & LOST HIS FOOTING & FELL ON HIS BACK, HURTING HIS LEFT SIDE & BACK.

2002 · 9 incidents

December 12, 2002 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Dags Branch Coal Co., Inc · Struck against a moving object

OPR WAS TRAMMING DOWN A HILL ON SHUTTLE CAR WHEN IT SLID SIDEWAYS HITTING RIB. OPR'S RIGHT SHOULDER HIT CANOPY POST.

December 6, 2002 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Dags Branch Coal Co., Inc · Struck by falling object

EE WAS HELPING TO REPAIR SHUTTLE CAR AND WAS HOLDING UP COVER WHEN IT SLIP AND FELL ON RIGHT INDEX FINGER AND CUT TIP OF FINGER OFF.

November 27, 2002 KY · Coal continuous miner helper, coal mole helper, bridgeman HANDTOOLS (NONPOWERED)
Dags Branch Coal Co., Inc · Fall onto or against objects

MINER WAS HELPING TO REPAIR MINER. TAKING A SHAFT BAR AND LIFTING A MOTOR INTO PLACE WHEN BAR SLIPPED AND HE FELL BACK LANDING ON A PIECE OF ROCK JUST BELOW BACK BONE.

April 29, 2002 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Dags Branch Coal Co., Inc · Caught in, under or between a moving and a stationary object

MEN WERE RIDING IN ON MAN TRIP AND EMPLOYEE WAS HANGING OUT OF SIDE OF MAN TRIP AND HIS SIDE RUBBBED AGAINST WATER LINE GOING UP BELT LINE AND HURT HIS RIBS ON RIGHT SIDE.

February 27, 2002 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Dags Branch Coal Co., Inc · Contact with hot objects or substances

OPERATOR WAS PULLING A PIECE OF DRILL STEEL OUT OF A HOLE AND BURNED RIGHT HAND.

2001 · 3 incidents

November 12, 2001 KY · Coal electrician, lineman FALL OF ROOF OR BACK
Dags Branch Coal Co., Inc · Struck by falling object

WALKING TOWARD FALL & A PIECE OF ROCK 1" TO 2" THICK, 2' TO 3' LONG FELL FROM ROOF HITTING VICTIM IN THE BACK OF THE NECK.

November 5, 2001 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Dags Branch Coal Co., Inc · Struck by falling object

HE WAS PUTTING UP ROOF BOLT & A ROCK ~1" THICK X36" X 24" FELL ON LEGS AFTER HE FELL BACK OUT OFTHE WAY. ROCK LANDED ON BOTH LEGS BRUISING THEM BELOW KNEES.

September 8, 2001 KY · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss HANDLING OF MATERIALS
Dags Branch Coal Co., Inc · Struck by... (Not Elsewhere Classified)

HE WAS HANGING CABLES WHEN HAND SLIP AND HANGER CUT HAND.