Mining Incidents

Orchard Branch Mine No. 89: 1,034 MSHA citations Coal

Blue Diamond Coal Company · Underground
Jeff, Perry County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519405

Orchard Branch Mine No. 89 has $589K in proposed MSHA penalties and $9K outstanding across 63 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
55
Years on record
2015–2022
Latest incident
Feb 2022
Compliance record
MSHA citations since 2012
1,034
citations
283
significant & substantial
$589,434
proposed penalties
$509,876
paid to date
87% of proposed penalties paid to date, a $79,558 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2012
123
inspections on record
10,193
inspection hours
10.1
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.
1,034 citations across 10,193 inspection hours.
Source: MSHA inspections data, updated weekly.

Orchard Branch Mine No. 89 has $589K in proposed MSHA penalties and $9K outstanding across 63 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.
$589K
proposed penalties
$518K
current assessed
$510K
paid to date
$9K
outstanding
993 assessments are final orders; 63 contested dockets.
Of $511K in penalties contested before the Commission, $440K was upheld in final decisions.
As of the most recent assessment on 2022-03-21.
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.
28.5%
significant & substantial
2.8%
high negligence or reckless
27.9%
reasonably likely or greater
6.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.4% none, 6.7% low, 90.0% moderate, 2.8% 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.
585 citations taken to the federal commission · 57% of citations on record
  • Settled 427 · 73%
  • Stood as issued 158 · 27%
95%
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 257 decided S&S contests · industry: 79%
14%
Penalty reduction in decided contests
$511K proposed, $440K 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 2021-09-12.
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 2018-0016 Default Lesnick 2018 $42K → $42K
KENT 2018-0033 Default Lesnick 2018 $35K → $35K
KENT 2017-0152 Settlement Simonton 2017 $34K → $27K
KENT 2018-0089 Settlement Paez 2018 $25K → $20K
KENT 2017-0203 Settlement Simonton 2017 $17K → $9K
KENT 2018-0034 Settlement Paez 2018 $17K → $13K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Orchard Branch Mine No. 89 shows 99% of 2,136 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: 2021-09-10, 4 years ago
99%
within 1.5 mg/m3
2,136
samples
2.37
dust max (mg/m3)
4
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
368 samples taken by MSHA inspectors, 1,768 by the operator.
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)843
  • CONTINUOUS MINER OPERATOR718
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)47

Silica (quartz)

Last sampled: 2021-08-11, 5 years ago
4.2
silica avg (%)
117
samples
10.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR42
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)32

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: 2021-08-04, 5 years ago
3%
over PEL
242
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)28
  • ELECTRICIAN24
  • SCOOP CAR OPERATOR23
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
2021 100% 217
2020 100% 365
2019 99% 360
2018 100% 440
2017 100% 401
2016 98% 316
2015 100% 32
2012 100% 5
Silica (quartz) by year
Year silica avg (%) samples
2021 5.2 13
2020 4.1 25
2019 4.2 22
2018 4.5 22
2017 3.7 23
2016 3.6 9
2015 4.1 3
Noise by year
Year over PEL samples
2021 0% 32
2020 5% 20
2019 3% 37
2018 0% 41
2017 0% 47
2016 4% 48
2015 23% 13
2012 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Orchard Branch Mine No. 89 recorded 1.67 reportable injury cases per 100 full-time workers in 2021.

Injury rate, 2021
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.
1.67
total case rate
1.67
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.35 and the all-US-mining average was 2.19 cases per 100 workers.
In Kentucky, coal mining averaged 4.58 cases per 100 workers that year.
Year total case rate days-away fatal
2021 1.67 1.67 0.000
2020 0.00 0.00 0.000
2019 3.98 0.00 0.000
2018 1.95 0.98 0.000
2017 2.94 0.98 0.000
2016 15.49 11.07 0.000
2015 * 7.56 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. Blue Diamond Coal Company 2009 to 2014
  2. Blue Diamond Coal Company 2014 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)
2022 6
2021 46 174,207
2020 78 341,939
2019 76 532,988
2018 80 533,473
2017 82 509,786
2016 73 550,259
2015 26 119,962
2014 0
2013 0
Source: MSHA quarterly employment and production, updated weekly.

Orchard Branch Mine No. 89 sits in Perry County, Kentucky, where the Census mining category is 3.3% 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.
Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
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
2022 Q1 3,415 1 0 292.8
2021 Q4 12,415 0 0 0.0
2021 Q3 23,558 26 5 1103.7
2021 Q2 31,740 23 10 724.6
2021 Q1 52,010 39 9 749.9
2020 Q4 47,345 25 5 528.0
2020 Q3 44,424 17 6 382.7
2020 Q2 32,253 15 2 465.1
Show 29 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2020 Q1 45,887 36 2 784.5
2019 Q4 48,425 32 5 660.8
2019 Q3 51,023 42 12 823.2
2019 Q2 52,150 19 6 364.3
2019 Q1 49,398 31 12 627.6
2018 Q4 47,596 39 6 819.4
2018 Q3 50,935 33 6 647.9
2018 Q2 51,536 37 7 717.9
2018 Q1 54,914 46 15 837.7
2017 Q4 48,554 36 10 741.4
2017 Q3 53,028 94 31 1772.6
2017 Q2 53,002 39 17 735.8
2017 Q1 49,629 62 11 1249.3
2016 Q4 45,705 83 20 1816.0
2016 Q3 55,372 105 40 1896.3
2016 Q2 48,641 35 8 719.6
2016 Q1 31,025 23 8 741.3
2015 Q4 22,499 10 6 444.5
2015 Q3 26,052 31 9 1189.9
2015 Q2 4,384 0 0 0.0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 1 0
No fatalities recorded at this mine.

Reportable incidents

55 on file

2022 · 1 incident

2021 · 10 incidents

July 22, 2021 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

Found an unintentional roof fall in the #3 Belt line at break # 19 that is an extension of a previously reported roof fall on the #3 Belt line at break 18.

July 11, 2021 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

Found an unintentional roof fall at break #17 of the #3 Track entry. Fall is approximately 19 feet wide by 60 feet long and 6-8 feet thick.

June 26, 2021 KY · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
Blue Diamond Coal Company · Struck by falling object

A piece of rock fell and struck employee on the lower left leg resulting in a fracture on the left leg/ankle.

2020 · 4 incidents

October 9, 2020 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

Found an unintentional roof fall between breaks no. 9 and no. 10 on the #3 Belt line. Fall dimensions were approximately 70' long by 18' wide by 10' thick.

October 8, 2020 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

Found an unintentional roof fall between break no. 22 to no. 23 on the # 3 Belt line. Fall dimensions were approximately 50' long by 10' wide by 8' thick.

September 23, 2020 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

A piece of rock fell onto the continuous miner while mining and caused the continuous miner to be stuck for more than an hour before it could be pulled out.

September 16, 2020 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

Found an unintentional roof fall on the #3 Belt Line between breaks No. 28 to 29. The fall was cleaned up and the affected area was re-supported.

2019 · 5 incidents

September 25, 2019 KY · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss MACHINERY
Blue Diamond Coal Company · Struck by... (Not Elsewhere Classified)

Employee was helping drill a hole in the bottom and employee's arm contacted the rotating auger type drill barrel and cut the arm. Sutures were required to repair the wound.

May 11, 2019 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Blue Diamond Coal Company · Struck against stationary object

Employee caught left middle finger between an oil bath and the frame of a Belt drive. EE's finger contacted a sharp edge on the oil bath and cut the finger. EE received 8 sutures to the left middle finger.

February 6, 2019 KY · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator FALL OF ROOF OR BACK
Blue Diamond Coal Company · Struck by falling object

Employee was getting bolts off of the rear of the roof bolter and a 4" thick by 17" long by 5" wide rock fell and struck EE's right 4th digit fingertip. Employee had to have 5 sutures.

January 28, 2019 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Blue Diamond Coal Company · Struck by flying object

Another employee was using a hammer during a belt set up, the hammer slipped from EE's hand and struck another employee on the right side of the face (cheek). The injured employee sustained a small cut that required sutures.

January 2, 2019 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

An unintentional roof fall was found between breaks 16 and 17 on the #3 Belt line. The fall was approximately 60' long by 20' wide and approximately 8-10' thick.

2018 · 6 incidents

November 1, 2018 KY · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator MACHINERY
Blue Diamond Coal Company · Caught in, under or between a moving and a stationary object

Employee was installing a roof bolt and inadvertently engaged rotation while hand was on bolt. The bolt caught on glove and ee cut hand and fractured right thumb. EE started missing work on 11/2/2018.

October 22, 2018 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

Found an unintentional roof fall at break #33 on the Hall Mains-Track Entry. Fall dimensions were approximately 20 long by 20' wide by 6 feet thick.

October 19, 2018 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

The continuous miner was conducting retreat mining on the 2nd left panel off of Beast Sub-mains when the continuous miner got stuck and then some rock fell and caught the continuous miner preventing it from tramming out of the cut.

October 14, 2018 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

An unintentional roof fall occurred in the #4 Belt Entry at Crosscut #11 on Hall Mains. Roof Fall was approximately 20' wide by 50' long and 12' thick.

May 10, 2018 KY · Coal belt foreman, maintenance foreman, maintenance supervisor HANDTOOLS (NONPOWERED)
Blue Diamond Coal Company · Struck by... (Not Elsewhere Classified)

Employee was cutting a piece of conveyor belt and the knife slipped and cut them on the right thigh. 5 Sutures were required.

February 28, 2018 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

Unintentional roof fall was discovered on 02/28/2018 on the Bobcat Bleeder panel in the number one entry starting at just in by crosscut 11 and extends in by the number 12 crosscut

2017 · 9 incidents

December 16, 2017 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

Roof fall in the intersection of the No. 2 entry and adjacent break No. 3 entry at break No. 26 of the combs mains. 20 feet wide x 65 feet long by 6 feet thick

October 26, 2017 KY · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Blue Diamond Coal Company · Caught in, under or between a moving and a stationary object

Employee was working on a battery jack on a scoop. EE raised the jack with a slate bar, the slate bar slipped crushing finger between the slate bar & jack. Left ring finger had an open fracture to tip of finger.

September 16, 2017 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Blue Diamond Coal Company · Struck by falling object

Bolting top and drill steel stuck in drilled hole. While placing a piece of the drill steel in the tray the drill steel stuck in the drilled hole fell out hitting right hand, Middle finger was fractured

August 18, 2017 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) ELECTRICAL
Blue Diamond Coal Company · Flash burns (electric)

Employee was pulling up cable slack,cable blew out, arc flashed in face and eyes.

April 24, 2017 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

Found an unintentional roof fall in the #1 entry just inby xcut 21 extending inby between xcuts #23 & #24. Fall is approximately 140' long by 19' wide by 8 to 10' thick.

March 14, 2017 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

Found an unintentional roof fall on the 001 #3B Beltline at Break #13. Fall was in the intersection and was approximately 20' wide by 20' long.

February 15, 2017 KY · Coal FALL OF ROOF OR BACK
Blue Diamond Coal Company · Accident type, without injuries

2 unintentional roof falls were discovered during the weekly examiners route on 2/15/17 at approximately 13:50 pm. One fall in the #1 entry between xcuts 33 and 35 and the second one is in #2 entry between xcuts 36 and 37 in the 5th Left Panel off Dykes Branch Mains.

2016 · 18 incidents

November 17, 2016 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Blue Diamond Coal Company · Caught in, under or between a moving and a stationary object

Employee was tramming a shuttle car to the feeder and struck a corner/rib and caught left arm between the car deck and rib.

September 30, 2016 KY · Coal electrician, lineman HANDLING OF MATERIALS
Blue Diamond Coal Company · Struck by falling object

An employee was removing a bridge speed reducer from the bridge conveyor tray and it flipped around and fell and struck the employees left foot. Fractured a meta tarsal bone in foot. Employee started missing work 10/1/16.

September 27, 2016 KY · Coal INUNDATION
Blue Diamond Coal Company · Accident type, without injuries

The No. 7 Right cross cut unintentionally cut into an unmarked and unknown auger hole. Some water run into the mine directly to a nearby pump that was already set.

September 12, 2016 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Blue Diamond Coal Company · Struck by falling object

Employee was putting oil in the continuous mine and dropped a lid on EE's finger and cut EE's finger. 7 Sutures were required. Started missing work 9/13/2016.

September 8, 2016 KY · Coal electrician, lineman SLIP OR FALL OF PERSON
Blue Diamond Coal Company · Fall to the walkway or working surface

Waterline blew apart and knocked employee down. Employee started missing work on 9/15/16 due to pain in the neck and shoulder.

August 29, 2016 KY · Coal scoop tram operator, load/haul/dump operator HANDLING OF MATERIALS
Blue Diamond Coal Company · Over-exertion in lifting objects

Employee was helping another employee load a top belt roller into a scoop insert and strained back. EE started missing work on 8/30/2016.

August 8, 2016 KY · Coal electrician, lineman HANDLING OF MATERIALS
Blue Diamond Coal Company · Over-exertion (Not Elsewhere Classified)

Employee was walking while carrying a battery bell connector and a 20' piece of battery lead wire and felt a sharp pain in back. EE started missing work 8/11/2016.

July 18, 2016 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Blue Diamond Coal Company · Struck by falling object

Employee was bolting and a piece of rock fell onto left knee. Sutures were required.

June 14, 2016 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
Blue Diamond Coal Company · Fall down stairs

Employee was walking down steps and tripped and fell down the steps and hurt their right shoulder and back. Started Missing work on 7/11/2016 due to shoulder surgery being necessary.

May 11, 2016 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Blue Diamond Coal Company · Struck by falling object

Employee was cleaning the dust box out on a roof bolter and a small rock fell and cut arm. 5 sutures were required.

March 22, 2016 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Blue Diamond Coal Company · Struck by falling object

A piece of rock hit employee on the right leg and bruised EE's right thigh. EE started missing work 3/23/2016

March 12, 2016 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Blue Diamond Coal Company · Caught in, under or between running or meshing objects

Employee was installing the inside bolt from the off side of the double head bolter, EE accidentally hit the rotation while EE's hand was still on the bolt and it caught EE's hand which then wrapped around the bolt. Fractured arm, started missing work on 3/14/2016.

February 22, 2016 KY · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Blue Diamond Coal Company · Caught in, under or between (Not Elsewhere Classified)

Employee was getting a rock out of the miner conveyor tail and pinched finger between the rock and miner tail. 8 sutures were required and EE returned back to work full duty the next shift.

January 4, 2016 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Blue Diamond Coal Company · Struck by... (Not Elsewhere Classified)

Employee was using a piece of drill steel to help install a top belt roller and the drill steel slipped and struck EE on the upper lip. Sutures were Required.

2015 · 2 incidents

September 19, 2015 KY · Coal outside foreman, leadman HANDLING OF MATERIALS
Blue Diamond Coal Company · Caught in, under or between a moving and a stationary object

Employee was handling a belt hold down roller and caught his thumb and finger between the frame of the stacker and roller and cut his thumb and finger. Sutures were required.

June 23, 2015 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Blue Diamond Coal Company · Struck by falling object

Employee was hitting his drill steel while attempting to unstop it and the steel bounced off the canopy and struck him on his right cheek next to his eye. 5 sutures were required.