Mining Incidents

PE 3 Underground: 384 MSHA citations Coal

Controlled by J Mark Campbell
Virgie, Pike County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1517826

PE 3 Underground has $49K in proposed MSHA penalties and $3K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
14
Years on record
1997–2007
Latest incident
Jun 2007
Compliance record
MSHA citations since 1999
384
citations
145
significant & substantial
$49,425
proposed penalties
$46,188
paid to date
93% of proposed penalties paid to date, a $3,237 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
85
inspections on record
3,639
inspection hours
10.6
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.
384 citations across 3,639 inspection hours.
Source: MSHA inspections data, updated weekly.

PE 3 Underground has $49K in proposed MSHA penalties and $3K outstanding across 2 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.
$49K
proposed penalties
$49K
current assessed
$46K
paid to date
$3K
outstanding
374 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2007-09-27.
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.
38.8%
significant & substantial
1.6%
high negligence or reckless
39.3%
reasonably likely or greater
6.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.6% low, 89.8% moderate, 1.6% 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.
2 citations taken to the federal commission · 1% of citations on record
  • Settled 2 · 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 2 decided S&S contests · industry: 79%
19%
Penalty reduction in decided contests
$2K proposed, $2K 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 2008-09-16.
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 2007-187 Settlement Paez 2010 $2K → $2K
KENT 2006-490 Settlement Paez 2010 $154 → $154
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at PE 3 Underground shows 93% of 496 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: 2007-05-18, 19 years ago
93%
within 1.5 mg/m3
496
samples
5.96
dust max (mg/m3)
246 samples taken by MSHA inspectors, 250 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR246
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)35
  • SCOOP CAR OPERATOR28

Silica (quartz)

Last sampled: 2007-02-07, 19 years ago
5.4
silica avg (%)
41
samples
12.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR20

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: 2007-02-08, 19 years ago
10%
over PEL
39
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR7
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)6
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)6
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
2007 94% 50
2006 87% 92
2005 99% 73
2004 97% 71
2003 89% 88
2002 95% 56
2001 89% 44
2000 100% 22
Silica (quartz) by year
Year silica avg (%) samples
2007 3.4 2
2006 4.6 9
2005 6.8 3
2004 6.1 8
2003 5.6 10
2002 3.9 3
2001 6.4 4
2000 5.1 2
Noise by year
Year over PEL samples
2007 0% 1
2006 0% 12
2005 20% 10
2003 0% 6
2002 0% 5
2000 40% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

PE 3 Underground recorded 2.94 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.
2.94
total case rate
2.94
days-away rate
0.000
fatality rate
Below 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 * 2.94 2.94 0.000
2006 * 5.28 2.64 0.000
2005 * 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. South Akers Mining Llc 1996 to 1997
  2. Emily Enterprises Inc 1997 to 1998
  3. Sheep Fork Energy Inc 1998 to 2000
  4. Phoenix Coal Company Inc 2000 to 2001
  5. Diamond Star Mining Inc 2001 to 2002
  6. Pride Mining, Inc. 2003 to 2006
  7. Premier Elkhorn Coal Company 2006 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)
2007 27 91,355
2006 28 133,119
2005 21 97,492
2004 17 82,033
2003 9 119,881
2002 20 51,318
2001 9
2000 29 11,497
Source: MSHA quarterly employment and production, updated weekly.

PE 3 Underground 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
2007 Q4 0 0 0
2007 Q3 4,009 3 0 748.3
2007 Q2 28,837 13 4 450.8
2007 Q1 35,093 58 18 1652.8
2006 Q4 39,865 37 10 928.1
2006 Q3 35,431 35 15 987.8
2006 Q2 390 11 5 28205.1
2006 Q1 10 29 10 2900000.0
Show 15 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2005 Q4 10,727 21 6 1957.7
2005 Q3 11,664 14 5 1200.3
2005 Q2 10,115 7 2 692.0
2005 Q1 9,168 6 3 654.5
2004 Q4 8,800 4 1 454.5
2004 Q2 9,100 6 4 659.3
2003 Q4 6,957 5 3 718.7
2003 Q3 4,318 10 4 2315.9
2003 Q2 4,937 14 7 2835.7
2003 Q1 0 7 3
2002 Q2 7,500 7 4 933.3
2002 Q1 8,365 8 3 956.4
2001 Q2 9,651 15 6 1554.2
2001 Q1 0 0 0
2000 Q1 5,619 5 3 889.8
No fatalities recorded at this mine.

Reportable incidents

14 on file

2007 · 1 incident

June 18, 2007 KY · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Premier Elkhorn Coal Company · Over-exertion in wielding or throwing objects

Employee picked up a belt roller and threw it into a ramcar, straining the right side of his lower back. The employee later sought treatment for this injury at an emergency room.

2006 · 2 incidents

July 28, 2006 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator FALL OF ROOF OR BACK
Premier Elkhorn Coal Company · Struck by falling object

The injured employee was drilling a hole when a piece of rock broke loose from the top, striking the victim's right ear & side of his face. The incident resulted in a laceration to his right cheek that required stitches. The EE's right ear was also lacerated & required stitches.

March 3, 2006 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Pride Mining, Inc. · Struck by falling object

Draw rock fell on hand while holding remot box cut middle finger of left hand.

1999 · 2 incidents

July 21, 1999 KY · Coal mine manager, mine foreman, mine owner SLIP OR FALL OF PERSON
Sheep Fork Energy Inc · Fall to the walkway or working surface

EE WAS WALKING NEXT TO TRACK WHEN HE SLIPPED ON WET BOTTOM AND STRUCK HIS BACK ON TRACK RAIL CAUSING PAIN IN HIS BACK.

April 28, 1999 KY · Coal FALL OF ROOF OR BACK
Sheep Fork Energy Inc · Accident type, without injuries

AN UNINTENTIONAL ROOF FALL HAS OCCURRED BETWEEN NO. 5 AND NO. 6 ENTRY MEASURING APPROX 40' LONG X 19' WIDE X 8' HIGH.

1998 · 5 incidents

July 22, 1998 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Emily Enterprises Inc · Struck by falling object

A PIECE OF ROCK FELL FROM THE ROOF OF THE MINE AND HIT EMPLOYEE ON BACK.

February 18, 1998 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Emily Enterprises Inc · Struck against a moving object

EE WAS RUNNING SHUTTLE CAR WHEN HE RAN OVER A PIECE OF COAL OR ROCK CAUSING HIM TO BOUNCE ON THE COAL RESULTING IN INJURY TO BACK.

January 15, 1998 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Emily Enterprises Inc · Struck by... (Not Elsewhere Classified)

EE WAS CUTTING BAND FROM BOLTS, WHEN BAND JUMPED BACK, CUTTING THE OUTSIDE OF LEFT HAND, CLOSE TO PALM, REQUIRING 8 STITCHES.

January 14, 1998 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Emily Enterprises Inc · Struck by... (Not Elsewhere Classified)

EMPLOYEE HIT HIS RIGHT INDEX FINGR WITH HAMMER WHILE WORKING ON A FEEDER BEARING. EE LOCKED AT AND X-RAY OF FINGER.

1997 · 4 incidents

December 22, 1997 KY · Coal FALL OF ROOF OR BACK
Emily Enterprises Inc · Accident type, without injuries

UNINTENTIOAL ROOF FALL ON BLEEDER LINE #2 ENTRY 1ST PANEL OFF 1ST LEFT FROM SPAD 238 TO 227 AROUND 10' H, 120' L, 20' W.

November 19, 1997 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Emily Enterprises Inc · Caught in, under or between a moving and a stationary object

EE WAS TRYING TO MOVE WATAER LINE FROM UNDER A SHUTTLE CAR OPERATED BY A CO-WORKER. WHEN HE ASK CO-WORKER TO MOVE THE CAR FORWARD, HIS HAND WAS RUN OVER BY THE SHUTTLE CAR. RESULTING IN NO BRO KEN BONES.

November 11, 1997 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Emily Enterprises Inc · Struck by flying object

BOLTING TOP & SMALL PIECE OF ROCK FLEW & HIT HIM BETWEEN UPPER LIP & NOSE. MAKING A CUT REQUIRING 5 STITCHES.

September 24, 1997 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Emily Enterprises Inc · Struck by flying object

EE WAS HAMMERING ON A PIECE OF METAL ON THE MINER WHEN A PIECE FLEW OFF ND HIT EE 3" BELOW THE RIGHT EYE.