Mining Incidents

PE 5 Underground: 81 MSHA citations Coal

Controlled by J Mark Campbell
Myra, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1519198

PE 5 Underground has $22K 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
2
Years on record
2009
Latest incident
Jun 2009
Compliance record
MSHA citations since 2008
81
citations
45
significant & substantial
$22,067
proposed penalties
$22,067
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
9
inspections on record
799
inspection hours
n/a
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.
Rate withheld: 799 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

PE 5 Underground has $22K 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.
$22K
proposed penalties
$22K
current assessed
$22K
paid to date
$0
outstanding
80 assessments are final orders; 1 contested dockets.
Of $200 in penalties contested before the Commission, $200 was upheld in final decisions.
As of the most recent assessment on 2009-05-07.
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.
56.2%
significant & substantial
0.0%
high negligence or reckless
56.2%
reasonably likely or greater
10.0%
permanently disabling or fatal if injury occurs
Negligence coding: 1.2% none, 6.2% low, 92.5% moderate, 0.0% 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 · 2% of citations on record
  • Settled 2 · 100%
0%
Penalty reduction in decided contests
$200 proposed, $200 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 2009-05-28.
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 2009-1122 Settlement Weisberger 2010 $200 → $200
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at PE 5 Underground shows 94% of 98 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: 2009-05-12, 17 years ago
94%
within 1.5 mg/m3
98
samples
4.55
dust max (mg/m3)
46 samples taken by MSHA inspectors, 52 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR52
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)14
  • ELECTRICIAN4

Silica (quartz)

Last sampled: 2009-01-23, 17 years ago
8.3
silica avg (%)
9
samples
16.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER 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: 2008-09-29, 17 years ago
17%
over PEL
12
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
  • CONTINUOUS MINER OPERATOR2
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)2
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
2009 98% 42
2008 91% 56
Silica (quartz) by year
Year silica avg (%) samples
2009 15.8 1
2008 7.4 8
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Premier Elkhorn Coal Company 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)
2009 43 66,380
2008 32 120,562
Source: MSHA quarterly employment and production, updated weekly.

PE 5 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
2009 Q2 17,641 10 3 566.9
2009 Q1 34,985 21 12 600.3
2008 Q4 31,945 33 22 1033.0
2008 Q3 23,255 15 6 645.0
2008 Q2 5,365 2 2 372.8
No fatalities recorded at this mine.

Reportable incidents

2 on file

2009 · 2 incidents

June 15, 2009 KY · Coal electrician, lineman DUST DISEASE OF LUNGS
Premier Elkhorn Coal Company · Inhalation of radiations, caustics, toxic and noxious substances

Pneumoconiosis - Premier Elkhorn Safety Dept. personnel were notified that the former employee had filed a claim

March 1, 2009 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Premier Elkhorn Coal Company · Over-exertion in lifting objects

Employee was lifting a 50 lb bag of rock dust when he experienced pain in his lower back.