Mining Incidents

No. 9 Mine: 88 MSHA citations Coal

Harlan, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1519568

No. 9 Mine has $22K in proposed MSHA penalties and $7K outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2013
Latest incident
May 2013
Compliance record
MSHA citations since 2012
88
citations
10
significant & substantial
$21,510
proposed penalties
$12,129
paid to date
56% of proposed penalties paid to date, a $9,381 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2012
56
inspections on record
1,486
inspection hours
5.9
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.
88 citations across 1,486 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 9 Mine has $22K in proposed MSHA penalties and $7K outstanding across 9 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.
$22K
proposed penalties
$20K
current assessed
$12K
paid to date
$7K
outstanding
78 assessments are final orders; 9 contested dockets.
Of $8K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2024-05-06.
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.
12.0%
significant & substantial
6.0%
high negligence or reckless
12.0%
reasonably likely or greater
13.3%
permanently disabling or fatal if injury occurs
Negligence coding: 1.2% none, 20.5% low, 72.3% moderate, 4.8% high, 1.2% 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.
31 citations taken to the federal commission · 35% of citations on record
  • Settled 30 · 97%
  • Vacated or withdrawn 1 · 3%
57%
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 7 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$8K proposed, $6K 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 2016-08-31.
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 2013-478 Settlement Miller 2013 $3K → $2K
KENT 2014-102 Settlement Miller 2014 $2K → $1K
KENT 2014-8 Settlement Barbour 2014 $1K → $960
KENT 2013-894 Settlement Harner 2013 $650 → $650
KENT 2014-0760 Settlement McCarthy 2015 $436 → $350
KENT 2013-893 Settlement Harner 2013 $230 → $150
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 9 Mine shows 97% of 131 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: 2013-05-14, 13 years ago
97%
within 1.5 mg/m3
131
samples
3.08
dust max (mg/m3)
67 samples taken by MSHA inspectors, 64 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR62
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)12
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)8

Silica (quartz)

Last sampled: 2013-05-15, 13 years ago
6.2
silica avg (%)
10
samples
7.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR3

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: 2013-05-07, 13 years ago
13%
over PEL
30
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)6
  • CONTINUOUS MINER OPERATOR5
  • LABORER4
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
2013 100% 55
2012 95% 76
Silica (quartz) by year
Year silica avg (%) samples
2013 6.5 8
2012 5.2 2
Noise by year
Year over PEL samples
2013 10% 20
2012 20% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 9 Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2014.

Injury rate, 2014
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.96 and the all-US-mining average was 2.93 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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
2014 * 0.00 0.00 0.000
2013 * 13.58 13.58 0.000
2012 * 0.00 0.00 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. Liggett Mining LLC 2011 to 2016
  2. Double Branch Energy, LLC 2016 to 2023
  3. Bluestone Mining Company LLC 2023 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)
2016 3
2015 5
2014 14
2013 26 76,097
2012 34 143,367
Source: MSHA quarterly employment and production, updated weekly.

No. 9 Mine sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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
2016 Q3 1,143 0 0 0.0
2016 Q2 0 0 0
2016 Q1 1,887 0 0 0.0
2015 Q4 3,406 0 0 0.0
2015 Q3 3,158 0 0 0.0
2015 Q2 4,000 0 0 0.0
2015 Q1 0 0 0
2014 Q4 6,564 0 0 0.0
Show 11 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q3 7,204 0 0 0.0
2014 Q2 6,685 2 1 299.2
2014 Q1 5,610 3 0 534.8
2013 Q4 4,025 3 0 745.3
2013 Q3 1,637 6 0 3665.2
2013 Q2 21,229 8 1 376.8
2013 Q1 32,029 8 0 249.8
2012 Q4 23,249 17 2 731.2
2012 Q3 18,628 4 0 214.7
2012 Q2 22,630 6 1 265.1
2012 Q1 9,974 11 0 1102.9
No fatalities recorded at this mine.

Reportable incidents

4 on file

2013 · 4 incidents

May 7, 2013 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Liggett Mining LLC · Over-exertion (Not Elsewhere Classified)

The employee was in the conveyor of the shuttle car, cleaning some loose coal from the side of the operators compartment, and when he stepped out onto the bottom, he twisted his left ankle. (Fracture)

March 20, 2013 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Liggett Mining LLC · Caught in, under or between a moving and a stationary object

The employee was located at the off-side rear of the Fletcher roof bolting machine, and a roof bolt and plate had fallen off the machine. The employee bent down to pick it up and the operator began tramming the machine at this time and backed the machine up onto the employee's right foot.

March 19, 2013 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator SLIP OR FALL OF PERSON
Liggett Mining LLC · Struck against stationary object

The employee was removing a brattice, in a worked out area of the mine, to create a common travel way. While loading the excess brattice block into the scoop bucket, the employee stumbled and fell, striking his left little finger on a rock lying on the bottom, causing a laceration.

January 8, 2013 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Liggett Mining LLC · Struck by flying object

Employee was standing in the left crosscut of the #4 entry, on the 001 section. The continuous miner set in to shear the inby left corner of the crosscut, and a rock flew from the ripper head, striking the employee on the right knee.