Mining Incidents

P-1: 1 recorded fatality Coal

Montana Bakken, LLC · Underground
Controlled by Douglas Warriner
Pathfork, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519102

P-1 has $1.4M in proposed MSHA penalties and $1.2M outstanding across 84 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
14
Years on record
2009–2012
Latest incident
May 2012
Compliance record
MSHA citations since 2007
737
citations
246
significant & substantial
$1,431,755
proposed penalties
$56,449
paid to date
4% of proposed penalties paid to date, a $1,375,306 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
91
inspections on record
5,531
inspection hours
13.3
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.
737 citations across 5,531 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2011-08-31.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

P-1 has $1.4M in proposed MSHA penalties and $1.2M outstanding across 84 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.
$1.4M
proposed penalties
$1.3M
current assessed
$56K
paid to date
$1.2M
outstanding
683 assessments are final orders; 84 contested dockets.
Of $1.4M in penalties contested before the Commission, $1.2M was upheld in final decisions.
As of the most recent assessment on 2014-09-29.
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.
36.0%
significant & substantial
4.7%
high negligence or reckless
36.0%
reasonably likely or greater
10.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.8% low, 90.5% moderate, 2.8% high, 1.9% 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.
548 citations taken to the federal commission · 74% of citations on record
  • Settled 514 · 94%
  • Stood as issued 23 · 4%
  • Vacated or withdrawn 11 · 2%
82%
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 291 decided S&S contests · industry: 79%
13%
Penalty reduction in decided contests
$1.4M proposed, $1.2M 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 2013-08-05.
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 2012-1272 Dismissal Barbour 2014 $594K → $594K
KENT 2012-727 Prevail Barbour 2014 $260K → $260K
KENT 2012-1133 Prevail Barbour 2014 $152K → $119K
KENT 2012-841 Settlement Barbour 2013 $66K → $23K
KENT 2010-1517 Prevail Barbour 2013 $58K → $35K
KENT 2012-322 Settlement Barbour 2013 $18K → $13K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at P-1 shows 94% of 475 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: 2011-05-25, 15 years ago
94%
within 1.5 mg/m3
475
samples
12.44
dust max (mg/m3)
225 samples taken by MSHA inspectors, 250 by the operator.
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR235
  • CONTINUOUS MINER OPERATOR23
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)16

Silica (quartz)

Last sampled: 2011-06-01, 15 years ago
9.4
silica avg (%)
29
samples
20.4
silica max (%)
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR6

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: 2011-05-20, 15 years ago
8%
over PEL
99
samples
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR39
  • CONTINUOUS MINER OPERATOR15
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)12
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 96% 84
2010 93% 158
2009 96% 138
2008 95% 85
2007 60% 10
Silica (quartz) by year
Year silica avg (%) samples
2011 3.2 3
2010 10.9 17
2009 9.6 3
2008 8.3 6
Noise by year
Year over PEL samples
2011 4% 23
2010 9% 23
2009 10% 30
2008 9% 23
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

P-1 recorded 11.86 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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.
11.86
total case rate
5.93
days-away rate
2.964
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Kentucky, coal mining averaged 4.28 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
2011 * 11.86 5.93 2.964
2010 4.76 3.17 0.000
2009 8.94 7.45 0.000
2008 * 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. Manalapan Mining Co., Inc. 2007 to 2016
  2. Montana Bakken, LLC 2016 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)
2020 0
2019 1
2018 3
2017 2
2016 2
2015 1
2014 1
2013 2
2012 2
2011 40 84,688
2010 77 189,319
2009 68 190,506
2008 19 60,146
2007 6 2,482
Source: MSHA quarterly employment and production, updated weekly.

P-1 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
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 52 0 0 0.0
2018 Q4 52 0 0 0.0
2018 Q3 52 0 0 0.0
Show 38 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2018 Q2 52 0 0 0.0
2018 Q1 936 0 0 0.0
2017 Q4 52 0 0 0.0
2017 Q3 52 0 0 0.0
2017 Q2 52 0 0 0.0
2017 Q1 52 0 0 0.0
2016 Q4 268 0 0 0.0
2015 Q1 45 0 0 0.0
2014 Q4 50 1 0 20000.0
2014 Q3 40 1 0 25000.0
2014 Q2 45 0 0 0.0
2014 Q1 45 0 0 0.0
2013 Q4 40 1 0 25000.0
2013 Q3 128 1 0 7812.5
2013 Q2 400 3 0 7500.0
2013 Q1 1,258 0 0 0.0
2012 Q4 1,414 4 0 2828.9
2012 Q3 1,249 4 0 3202.6
2012 Q2 948 6 0 6329.1
2012 Q1 381 21 10 55118.1
2011 Q4 1,052 13 2 12357.4
2011 Q3 2,099 88 30 41924.7
2011 Q2 30,047 46 21 1530.9
2011 Q1 34,268 41 15 1196.5
2010 Q4 29,705 35 11 1178.3
2010 Q3 31,643 25 11 790.1
2010 Q2 31,567 50 20 1583.9
2010 Q1 33,164 33 6 995.1
2009 Q4 39,754 65 7 1635.1
2009 Q3 36,328 41 12 1128.6
2009 Q2 35,351 73 33 2065.0
2009 Q1 22,766 19 6 834.6
2008 Q4 14,446 40 14 2768.9
2008 Q3 11,069 22 8 1987.5
2008 Q2 10,909 52 14 4766.7
2008 Q1 6,895 27 13 3915.9
2007 Q3 5,279 10 4 1894.3
2007 Q2 0 1 1

Fatalities at this mine

1 recorded
June 29, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler Fatality · FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Manalapan Mining Co., Inc. · Struck by falling object

Employee was watching the cable on the dolly when the rib rolled off crushing him. Rib measured approximately 82 by 36 by 11 inches.

Reportable incidents

13 on file (excluding fatalities above)

2012 · 1 incident

May 2, 2012 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Manalapan Mining Co., Inc. · Struck by... (Not Elsewhere Classified)

Employee was working on pump line, pulling a broke band out of crimping tool, when the broke band came out of the tool it struck employee on the ring finger on the right hand requiring stitches.

2011 · 3 incidents

June 20, 2011 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Manalapan Mining Co., Inc. · Struck by falling object

Employee was operating a Roof Bolter, while installing outside bolt a piece of rock fell striking him on the left hand.

May 11, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Manalapan Mining Co., Inc. · Over-exertion in pulling or pushing objects

The crew was moving power up. EE was pulling Crawler cable slack, when he pulled something in his back.

April 20, 2011 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Manalapan Mining Co., Inc. · Struck by... (Not Elsewhere Classified)

He was shoveling on #2 beltline, as he leaned forward, his face was too close to the moving belt. The edge of the belt at a splice came in contact with his right eye. He had dirt in his eye and a scratch on the side of his eye.

2010 · 3 incidents

November 24, 2010 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Manalapan Mining Co., Inc. · Struck by falling object

EE was bolting top 002 section, while bolting he was positioning a strap in place when a rock fell pinching his left little finger between the canopy and the strap. No lost time accident happened Wed. before Thanksgiving weekend. EE RTE on next reg. shift. 11/29/10.

April 19, 2010 KY · Coal continuous miner helper, coal mole helper, bridgeman HANDLING OF MATERIALS
Manalapan Mining Co., Inc. · Over-exertion (Not Elsewhere Classified)

The EE was spreading rockdust from the rockdust bag with one hand, while holding the bag of rockdust with the other hand. He stated that he felt a sharp pain in his lower back. He left work at that time, driving himself home, he went to his doctor the next day.

April 13, 2010 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Manalapan Mining Co., Inc. · Over-exertion in pulling or pushing objects

The EE stated that he was pulling on the cable and the cable stopped he then jerked the cable and he felt pain in his back. He left the job site but returned to work the next day and worked the next 4 days. EE didn't come to work on 4/19/10 and didn't call his foreman. The next day the foreman called him, EE stated that he would be off for a week or two requested by a Doctor.

2009 · 6 incidents

October 8, 2009 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider SLIP OR FALL OF PERSON
Manalapan Mining Co., Inc. · Fall onto or against objects

The injured EE stated that he was shoveling material from underneath the belt conveyor when he slipped and fell landing on a 4" crib block. The crib block was under the foot of a piece of support structure.

September 29, 2009 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Manalapan Mining Co., Inc. · Over-exertion in pulling or pushing objects

The injured miner was pulling a 4/0 crawler from beltline to the section power center when he felt pain in his lower back. The miner also stated that he had been injured at a former employer that was still paying his medical bills on his back. The foreman should have asked for help when dragging the cable.

June 4, 2009 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Manalapan Mining Co., Inc. · Struck by falling object

The injured employee was putting guard back on the No. 1 conveyor belt tail pulley and dropped the guard striking his little finger (pinky finger) on his left hand.

May 18, 2009 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Manalapan Mining Co., Inc. · Struck by falling object

The injured person was removing a piece of rock out of a Long-Airdox bridge conveyor. When he let the rock fall, he didn't move his right foot out of the way letting the rock fall on his right foot.

April 4, 2009 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Manalapan Mining Co., Inc. · Caught in, under or between a moving and a stationary object

The injured put his right hand on top of drill pot to retreive the drill steel from the roof and raised the boom instead of lowering it.