Mining Incidents

No. 7: 218 MSHA citations Coal

Controlled by James H Booth
Debord, Martin County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518788

No. 7 has $67K 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
21
Years on record
2005–2008
Latest incident
Jun 2008
Compliance record
MSHA citations since 2004
218
citations
73
significant & substantial
$66,584
proposed penalties
$61,334
paid to date
92% of proposed penalties paid to date, a $5,250 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
39
inspections on record
1,954
inspection hours
11.2
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.
218 citations across 1,954 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 7 has $67K 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.
$67K
proposed penalties
$61K
current assessed
$61K
paid to date
$0
outstanding
209 assessments are final orders; 22 contested dockets.
Of $38K in penalties contested before the Commission, $33K was upheld in final decisions.
As of the most recent assessment on 2008-08-08.
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.
34.9%
significant & substantial
4.8%
high negligence or reckless
35.4%
reasonably likely or greater
13.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.1% low, 87.1% moderate, 3.3% high, 1.4% 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.
73 citations taken to the federal commission · 33% of citations on record
  • Settled 50 · 68%
  • Stood as issued 23 · 32%
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 37 decided S&S contests · industry: 79%
14%
Penalty reduction in decided contests
$39K proposed, $33K 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 2009-01-09.
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 2005-430 Settlement Bulluck 2008 $15K → $14K
KENT 2005-245 Settlement Barbour 2005 $5K → $4K
KENT 2008-78 Settlement Zielinski 2008 $4K → $2K
KENT 2008-525 Settlement Zielinski 2008 $2K → $2K
KENT 2006-370 Default Lesnick 2007 $2K → $2K
KENT 2008-272 Settlement Zielinski 2008 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 7 shows 88% of 248 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: 2008-07-21, 18 years ago
88%
within 1.5 mg/m3
248
samples
3.95
dust max (mg/m3)
117 samples taken by MSHA inspectors, 131 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR128
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)32
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)13

Silica (quartz)

Last sampled: 2008-05-21, 18 years ago
4.5
silica avg (%)
9
samples
6.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR8

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: 2008-01-24, 18 years ago
14%
over PEL
21
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)6
  • CONTINUOUS MINER OPERATOR4
  • 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
2008 88% 33
2007 95% 59
2006 90% 69
2005 84% 75
2004 67% 12
Silica (quartz) by year
Year silica avg (%) samples
2008 2.7 1
2007 5.3 1
2006 4.1 4
2005 5.2 2
2004 5.6 1
Noise by year
Year over PEL samples
2008 20% 5
2007 0% 5
2006 20% 5
2005 0% 1
2004 20% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 7 recorded 11.14 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.
11.14
total case rate
8.36
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 * 11.14 8.36 0.000
2006 * 24.67 18.50 0.000
2005 * 14.99 11.24 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. Long Fork Development Inc. 2004 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)
2008 28 118,033
2007 29 221,722
2006 24 222,968
2005 21 188,995
2004 19 30,538
Source: MSHA quarterly employment and production, updated weekly.

No. 7 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
2008 Q3 15,622 6 4 384.1
2008 Q2 17,039 30 17 1760.7
2008 Q1 19,241 3 0 155.9
2007 Q4 17,593 6 1 341.0
2007 Q3 18,017 14 5 777.0
2007 Q2 18,373 16 1 870.8
2007 Q1 17,826 14 6 785.4
2006 Q4 16,902 3 1 177.5
Show 8 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q3 16,980 20 8 1177.9
2006 Q2 14,634 19 5 1298.3
2006 Q1 16,333 6 2 367.4
2005 Q4 13,004 28 10 2153.2
2005 Q3 10,678 10 2 936.5
2005 Q2 15,797 26 8 1645.9
2005 Q1 13,879 11 3 792.6
2004 Q4 13,449 5 0 371.8
No fatalities recorded at this mine.

Reportable incidents

21 on file

2008 · 2 incidents

June 9, 2008 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Long Fork Development Inc. · Struck by falling object

Employee was roof bolting when a piece of slate rock fell and hit him on the left hand. Rock was 1' x 2' x 2" thick.

June 9, 2008 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Long Fork Development Inc. · Caught in, under or between (Not Elsewhere Classified)

Employee was recovering belt structure from old works. While he was stacking structure, he caught his finger between 2 pieces of structure, cutting finger. He received 4 stitches. No lost time.

2007 · 5 incidents

December 12, 2007 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Long Fork Development Inc. · Over-exertion in lifting objects

He bent over to pick up a roof bolt with 1/2 header and plate on it and pulled a muscle in his neck and right side.

August 6, 2007 KY · Coal FALL OF ROOF OR BACK
Long Fork Development Inc. · Accident type, without injuries

Draw rock fall out in between bolts 5' long, 3' wide, 4" to 1/2" thick at spad 1594 at entry #5 400' out from the face. Fall will not be cleaned up.

July 10, 2007 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Long Fork Development Inc. · Struck against stationary object

Helping move power center when he cut his right arm on a latch. He got 6 stitches. "No Lost Time"

May 21, 2007 KY · Coal utility man, errand boy, service truck operator SLIP OR FALL OF PERSON
Long Fork Development Inc. · Fall to the walkway or working surface

He was loading supplies in scoop when he slipped and fell hitting his tail and lower back. He did not go to Dr. until he was on vacation on 7-2-07. He didnot report that the Dr. took him off work until 7-10-07.

2006 · 9 incidents

December 1, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Long Fork Development Inc. · Struck against stationary object

Was laying a bolter cable over against the rib when the employee hit his head on the brow.

October 3, 2006 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Long Fork Development Inc. · Fall to the walkway or working surface

He was running shuttle car when he noticed that the cable quit taking up. He stepped out and shut the machine off and checked the cable. Reel was fouled up and he pulled on cable, when it freed up he fell down onto the ground and hurt his lower back.

August 2, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Long Fork Development Inc. · Struck by falling object

Bolting roof when a small piece of draw rock fell & cut his right wrist-8 stitches in right wrist.

May 19, 2006 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Long Fork Development Inc. · Fall onto or against objects

Moving crib blocks and fell and smashed middle finger on his left hand took 6 stitches "No lost Time"

May 18, 2006 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Long Fork Development Inc. · Over-exertion in pulling or pushing objects

Moving feeder cable. Pulling feeder cable around feeder, strained lower back.

April 24, 2006 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Long Fork Development Inc. · Over-exertion in lifting objects

Supplying pinner with resin, lifting resin up to put on pinner. Pulled muscle in lower back left side. Came back to work on 4-27-06.

April 8, 2006 KY · Coal electrician, lineman MACHINERY
Long Fork Development Inc. · Caught in, under or between a moving and a stationary object

LOOKING AT BOLTER AND BOLTER MOVED UP, EE WAS NOT PAYING ATTENTION AND IT RAN OVER HIS FOOT.

March 30, 2006 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Long Fork Development Inc. · Caught in, under or between (Not Elsewhere Classified)

EE was climbing out of scoop, when he let the scoop roll forward. He got his foot hung up and it twisted him around.

February 27, 2006 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Long Fork Development Inc. · Over-exertion (Not Elsewhere Classified)

Working on belt line putting roller in. Strained lower back.

2005 · 5 incidents

November 28, 2005 KY · Coal FALL OF ROOF OR BACK
Long Fork Development Inc. · Accident type, without injuries

A roof fall was discovered on the preshift examination in the belt entry 900' inby the surface. The fall measure 30' in length 17' wide and 8' thick. the fall occurred over holiday weekend. and no one was in the mine.

November 18, 2005 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Long Fork Development Inc. · Struck against stationary object

Cleaning on belt tailpiece, he slipped and hit metal on tailpiece with right hand. Cut hand. Twenty three stitches. No lost time.

November 17, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) STRIKING OR BUMPING
Long Fork Development Inc. · Struck against stationary object

Walking toward miner when he bumped his head on mine roof. He did not go to doctor until 12/6/05 and doctor took him off work. Was not reported to me until 12/20/05 1:30 PM.

August 31, 2005 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Long Fork Development Inc. · Fall to the walkway or working surface

Moving miner cable out of road. Road was mudey he sliped and fell he worked til 12-14-05 went to doc. and he took him off work. Was not reported to me til 12-20-05.

March 31, 2005 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Long Fork Development Inc. · Over-exertion (Not Elsewhere Classified)

EE WAS WORKING ON BELT LINE. HE WAS HOLDING A BELT ROLLER WHEN BELT LINE DRO0PED AND IT PULLED HIM OVER, STRAINING HIS BACK.