Marshall Mining Inc · Accident type, without injuries
Rider seam came closer to the mining seam.
No. 7: 192 MSHA citations Coal
Marshall Mining Inc
· Underground
Controlled by
Carl Kirk
Hueysville,
Floyd County,
KY
·
Abandoned and Sealed
MSHA Mine ID: 1518709
No. 7 has $33K in proposed MSHA penalties and $16K outstanding across 3 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 12
- Years on record
- 2004–2008
- Latest incident
- Oct 2008
Compliance record
MSHA citations since 2004
192
citations
75
significant & substantial
$33,072
proposed penalties
$17,131
paid to date
52% of proposed penalties paid to date, a $15,941 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
48
inspections on record
1,534
inspection hours
12.5
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.192 citations across 1,534 inspection hours.
Source: MSHA inspections data, updated weekly.
No. 7 has $33K in proposed MSHA penalties and $16K 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.$33K
proposed penalties
$33K
current assessed
$17K
paid to date
$16K
outstanding
183 assessments are final orders; 3 contested dockets.
Of $14K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2008-10-09.
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.41.0%
significant & substantial
6.6%
high negligence or reckless
41.0%
reasonably likely or greater
2.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.6% low, 86.9% moderate, 6.6% 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.
14
citations taken to the federal commission · 7% of citations on record
- Settled 7 · 50%
- Stood as issued 7 · 50%
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 5 decided S&S contests · industry: 79%
3%
Penalty reduction in decided contests
$14K proposed, $13K 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 2009-01-29.
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 2009-303 | Default | Miller | 2013 | $11K → $11K |
| KENT 2009-846 | Default | Lesnick | 2011 | $2K → $2K |
| KENT 2009-304 | Settlement | Weisberger | 2009 | $2K → $1K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at No. 7 shows 89% of 132 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: 2008-09-09, 17 years ago
ⓘ
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.89%
within 1.5 mg/m3
132
samples
5.65
dust max (mg/m3)
61 samples taken by MSHA inspectors, 71 by the operator.
Most-sampled occupations
- CONTINUOUS MINER OPERATOR72
- ROOF BOLTER (TWIN HEAD) (RETURN SIDE)10
- SHUTTLE CAR OPERATOR (STANDARD SIDE)9
Silica (quartz)
Last sampled: 2008-09-15, 17 years ago9.0
silica avg (%)
9
samples
17.5
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: 2008-09-09, 17 years ago
ⓘ
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.5%
over PEL
20
samples
Most-sampled occupations
- CONTINUOUS MINER OPERATOR4
- ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)4
- SHUTTLE CAR OPERATOR (STANDARD SIDE)4
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 |
|---|---|---|
| 2008 | 71% | 7 |
| 2007 | 100% | 11 |
| 2006 | 83% | 60 |
| 2005 | 100% | 1 |
| 2004 | 94% | 53 |
Silica (quartz) by year
| Year | silica avg (%) | samples |
|---|---|---|
| 2008 | 5.8 | 1 |
| 2007 | 12.7 | 3 |
| 2006 | 7.7 | 4 |
| 2004 | 6.6 | 1 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2008 | 0% | 5 |
| 2006 | 0% | 5 |
| 2004 | 10% | 10 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
No. 7 recorded 12.78 reportable injury cases per 100 full-time workers in 2007.
Injury rate, 2007
ⓘ
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.12.78
total case rate
12.78
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
In Kentucky, coal mining averaged 5.12 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 |
|---|---|---|---|
| 2007 * | 12.78 | 12.78 | 0.000 |
| 2006 * | 5.74 | 5.74 | 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
- Consol of Kentucky, Inc. 2004 to 2005
- Gateway Energy Inc 2005 to 2005
- Marshall Mining Inc 2005 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) |
|---|---|---|
| 2009 | 3 | |
| 2008 | 10 | 8,669 |
| 2007 | 19 | 29,921 |
| 2006 | 36 | 102,182 |
| 2005 | 6 | 1,772 |
| 2004 | 7 | 50,414 |
Source: MSHA quarterly employment and production, updated weekly.
No. 7 sits in Floyd County, Kentucky, where the Census mining category is 4.4% 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.Floyd County, Kentucky · Population 35,342
4.4%
Mining share of county employment
$41,582
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 |
|---|---|---|---|---|
| 2009 Q2 | 27 | 0 | 0 | 0.0 |
| 2009 Q1 | 2,306 | 0 | 0 | 0.0 |
| 2008 Q4 | 3,389 | 2 | 1 | 590.1 |
| 2008 Q3 | 6,283 | 15 | 5 | 2387.4 |
| 2008 Q2 | 2,221 | 0 | 0 | 0.0 |
| 2007 Q4 | 3,095 | 0 | 0 | 0.0 |
| 2007 Q3 | 2,772 | 3 | 1 | 1082.3 |
| 2007 Q2 | 9,649 | 4 | 0 | 414.6 |
Show 12 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2007 Q1 | 15,783 | 30 | 7 | 1900.8 |
| 2006 Q4 | 18,725 | 34 | 21 | 1815.8 |
| 2006 Q3 | 18,558 | 8 | 2 | 431.1 |
| 2006 Q2 | 16,947 | 32 | 17 | 1888.2 |
| 2006 Q1 | 15,419 | 19 | 5 | 1232.2 |
| 2005 Q4 | 3,908 | 5 | 3 | 1279.4 |
| 2005 Q2 | 0 | 0 | 0 | |
| 2005 Q1 | 0 | 2 | 0 | |
| 2004 Q4 | 3,789 | 2 | 0 | 527.8 |
| 2004 Q3 | 5,244 | 5 | 2 | 953.5 |
| 2004 Q2 | 3,884 | 3 | 0 | 772.4 |
| 2004 Q1 | 2,481 | 2 | 1 | 806.1 |
No fatalities recorded at this mine.
Reportable incidents
12 on file2008 · 1 incident
2007 · 4 incidents
Marshall Mining Inc · Accident type, without injuries
Roof fall occurred starting 1800 ft inby no. 2 portal on the 1st belt line, Ranging 4 to 6 ft highh approx 14 ft wide and 30 to 40 ft long in between the blocks of break 17 and 18.
Marshall Mining Inc · Accident type, without injuries
Roof fall occurred starting 1,200' inby #3 portal on the intake entry. The fall was approx 20' wide X 150-200' long X 10-20' high in between the coal block and through 2 intersections.
February 12, 2007
KY · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
POWERED HAULAGE
Marshall Mining Inc · Struck against stationary object
Backing up mantrip to pick up employees - ran into water tank bursting it then ricocheting into pump house causing injury to right pinky finger.
February 7, 2007
KY · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
FALL OF ROOF OR BACK
Marshall Mining Inc · Struck by falling object
Peice of draw rock fell hitting left side of head, left shoulder and back.
2006 · 4 incidents
Marshall Mining Inc · Accident type, without injuries
A non-injury foof fall has occurred in the intersection measuring about 18 foot wide and 22 foot in length from 2 to 7 foot in height.
August 28, 2006
KY · Coal
shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator
FALL OF ROOF OR BACK
Marshall Mining Inc · Struck by falling object
Pulled shuttle car up behind miner loading coal. a rock came over sideboards hitting him in nose and right arm.
Marshall Mining Inc · Accident type, without injuries
Roof fall occurred starting 1,200 ft inby #2 portal belt entry. The fall was approx 20 ft wide, 40 ft long, 7 ft high in between the coal blocks.
February 1, 2006
KY · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
HANDTOOLS (NONPOWERED)
Marshall Mining Inc · Struck by... (Not Elsewhere Classified)
Cutting open a box of glue-box cutter slipped cutting r-thumb.
2005 · 2 incidents
October 11, 2005
KY · Coal
bull gang foreman, labor foreman, leadman, section foreman, shift boss
FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Marshall Mining Inc · Struck by falling object
Cleaning up belt line with scoop, got too close to rib rock rolled out and hit him.
Consol of Kentucky, Inc. · Accident type, without injuries
An unintentional roof fall was discovered in the #2 entry one break in by spad #58. Size estimated to be 75' l by 18-20' w by 8-10' h. The area had been supported with 6 foot torque tension bolts with supplemental support consisting of 9 ft cable bolts. No injuries, no equipment caught, ventilation was not interrupted.
2004 · 1 incident
Consol of Kentucky, Inc. · Accident type, without injuries
An unintentional rock fall was discovered in #5 entry at #11 break. Size of fall estimated: 4 1/2'H x 20'W x 20'L. Area had been supported with 4' fully grouted resin bolts with additional support consisting of 10' cable bolts and cribbs. No injuries, no equipment caught.