Mining Incidents

No 7-D: 170 MSHA citations Coal

Dags Branch Coal Co Inc · Underground
Controlled by James L Griffith
Biggs, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519333

No 7-D has $34K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2009–2011
Latest incident
Sep 2011
Compliance record
MSHA citations since 2008
170
citations
61
significant & substantial
$33,878
proposed penalties
$32,987
paid to date
97% of proposed penalties paid to date, a $891 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
27
inspections on record
1,941
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.
170 citations across 1,941 inspection hours.
Source: MSHA inspections data, updated weekly.

No 7-D has $34K in proposed MSHA penalties and $0 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.
$34K
proposed penalties
$33K
current assessed
$33K
paid to date
$0
outstanding
169 assessments are final orders; 1 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2011-09-14.
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.
36.1%
significant & substantial
2.4%
high negligence or reckless
36.1%
reasonably likely or greater
3.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.6% low, 81.1% moderate, 2.4% 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.
3 citations taken to the federal commission · 2% of citations on record
  • Settled 3 · 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 3 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$4K proposed, $3K 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 2011-04-14.
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 2011-903 Settlement Paez 2011 $4K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 7-D shows 90% of 239 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: 2011-09-15, 14 years ago
90%
within 1.5 mg/m3
239
samples
5.52
dust max (mg/m3)
131 samples taken by MSHA inspectors, 108 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR107
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)37
  • SCOOP CAR OPERATOR19

Silica (quartz)

Last sampled: 2011-08-05, 15 years ago
5.3
silica avg (%)
18
samples
8.2
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: 2011-08-02, 15 years ago
0%
over PEL
20
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)7
  • CONTINUOUS MINER OPERATOR3
  • 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
2011 82% 76
2010 94% 78
2009 94% 78
2008 100% 7
Silica (quartz) by year
Year silica avg (%) samples
2011 5.9 7
2010 4.3 5
2009 5.6 5
2008 4.3 1
Noise by year
Year over PEL samples
2011 0% 1
2010 0% 7
2009 0% 12
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 7-D recorded 13.17 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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.
13.17
total case rate
13.17
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In Kentucky, coal mining averaged 4.85 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
2010 * 13.17 13.17 0.000
2009 * 13.00 13.00 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 2008 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)
2012 0
2011 14 47,788
2010 13 88,757
2009 14 83,083
2008 10 6,128
Source: MSHA quarterly employment and production, updated weekly.

No 7-D 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
2012 Q1 0 0 0
2011 Q3 6,136 14 7 2281.6
2011 Q2 8,233 6 3 728.8
2011 Q1 8,380 24 10 2864.0
2010 Q4 8,963 19 8 2119.8
2010 Q3 6,905 20 7 2896.5
2010 Q2 7,663 16 5 2088.0
2010 Q1 6,844 4 2 584.5
Show 5 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q4 7,875 10 4 1269.8
2009 Q3 8,153 3 0 368.0
2009 Q2 7,481 13 4 1737.7
2009 Q1 7,259 19 4 2617.4
2008 Q4 3,233 17 6 5258.3
No fatalities recorded at this mine.

Reportable incidents

8 on file

2011 · 3 incidents

September 16, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Dags Branch Coal Co Inc · Struck by... (Not Elsewhere Classified)

Scoop operator was scooping rock and know out a stopping and a piece of rock and a block hit right hand of operator.

July 18, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Dags Branch Coal Co Inc · Struck by falling object

Bolting top rock fell striking him on Rt. Forearm, as he was drilling.

May 19, 2011 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

Bolting top got finger caught between drillpot and drill steel, mashed little finger and cut it.

2010 · 3 incidents

August 26, 2010 KY · Coal drill helper MACHINERY
Dags Branch Coal Co Inc · Caught in, under or between (Not Elsewhere Classified)

EE was taking drill steel apart when his right ring finger was mashed between 2 pieces of drill steel.

April 16, 2010 KY · Coal FALL OF ROOF OR BACK
Dags Branch Coal Co Inc · Accident type, without injuries

A roof fall occurred in the #4 right crosscut into the #5 heading. The fall was approximately 25'long x 18'wide x 8' high. The roof fall did not affect workers,ventilation nor equipment. The fall also continued in the #5 heading on 4-22-10 appx. 10' in length x 18, wide x 8' high.

2009 · 2 incidents

August 24, 2009 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator FALL OF ROOF OR BACK
Dags Branch Coal Co Inc · Struck by falling object

EE was crawling to get back on his scoop when a piece of draw rock fell & hit him on the neck & back.

May 28, 2009 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

EE was operating a shuttle car, when he hit a small hole and it bounced him into the top of the canopy.