Mining Incidents

Penny #1: 39 MSHA citations Coal

Comer Mining Company · Surface
Controlled by Henry Comer
Midland, Sebastian County, AR  ·  Abandoned
MSHA Mine ID: 0301569

Penny #1 has $5K 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
0
Years on record
Latest incident
Compliance record
MSHA citations since 2000
39
citations
9
significant & substantial
$4,996
proposed penalties
$4,996
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
84
inspections on record
1,158
inspection hours
3.4
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.
39 citations across 1,158 inspection hours.
Source: MSHA inspections data, updated weekly.

Penny #1 has $5K 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.
$5K
proposed penalties
$5K
current assessed
$5K
paid to date
$0
outstanding
39 assessments are final orders; 1 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2016-09-21.
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.
23.1%
significant & substantial
2.6%
high negligence or reckless
23.1%
reasonably likely or greater
5.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 33.3% low, 64.1% moderate, 2.6% 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.
1 citations taken to the federal commission · 3% of citations on record
  • Stood as issued 1 · 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 1 decided S&S contests · industry: 79%
0%
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 2008-07-16.
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
CENT 2008-655 Dismissal Weisberger 2009 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Penny #1 shows 100% of 73 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: 2017-05-26, 9 years ago
100%
within 1.5 mg/m3
73
samples
0.77
dust max (mg/m3)
0
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.
59 samples taken by MSHA inspectors, 14 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER25
  • BULLDOZER OPERATOR19
  • MINE FOREMAN/MINE MANAGER6

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: 2014-04-03, 12 years ago
13%
over PEL
54
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER23
  • BULLDOZER OPERATOR8
  • BACKHOE OPERATOR4
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
2017 100% 2
2016 100% 4
2015 100% 6
2014 100% 4
2013 100% 3
2012 100% 7
2011 100% 6
2010 100% 7
2009 100% 3
2006 100% 2
2005 100% 9
2004 100% 2
2003 100% 5
2002 100% 5
2001 100% 4
2000 100% 4
Noise by year
Year over PEL samples
2014 0% 2
2013 0% 3
2012 11% 9
2011 50% 6
2010 0% 1
2009 0% 3
2006 0% 2
2005 0% 8
2003 40% 5
2002 20% 5
2001 0% 4
2000 0% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Comer Mining Company 1984 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)
2017 2 602
2016 2 6,644
2015 2 190
2014 2 7,001
2013 2 3,973
2012 3 1,921
2011 3 6,719
2010 2 1,157
2009 2 658
2008 2 1,789
2007 2 2,397
2006 2 5,187
2005 2 2,563
2004 3 6,384
2003 3 6,564
2002 2 11,597
2001 2 9,643
2000 2 5,523
Source: MSHA quarterly employment and production, updated weekly.

Penny #1 sits in Sebastian County, Arkansas, where the Census mining category is 0.4% 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.
Sebastian County, Arkansas · Population 128,448
0.4%
Mining share of county employment
$56,450
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
2017 Q4 0 0 0
2017 Q3 133 0 0 0.0
2017 Q2 446 0 0 0.0
2017 Q1 435 0 0 0.0
2016 Q4 422 0 0 0.0
2016 Q3 310 1 0 3225.8
2016 Q2 163 0 0 0.0
2016 Q1 432 0 0 0.0
Show 64 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q4 780 0 0 0.0
2015 Q3 104 0 0 0.0
2015 Q2 49 0 0 0.0
2015 Q1 45 2 0 44444.4
2014 Q4 718 0 0 0.0
2014 Q3 212 0 0 0.0
2014 Q2 162 0 0 0.0
2014 Q1 3 0 0 0.0
2013 Q4 1 0 0 0.0
2013 Q3 412 0 0 0.0
2013 Q2 1,251 1 0 799.4
2013 Q1 1,126 0 0 0.0
2012 Q4 1,474 3 0 2035.3
2012 Q3 1,280 0 0 0.0
2012 Q2 1,338 1 0 747.4
2012 Q1 1,072 0 0 0.0
2011 Q4 1,184 1 0 844.6
2011 Q3 1,376 0 0 0.0
2011 Q2 1,279 3 0 2345.6
2011 Q1 1,233 0 0 0.0
2010 Q4 1,158 1 0 863.6
2010 Q3 551 2 0 3629.8
2010 Q2 79 0 0 0.0
2010 Q1 176 0 0 0.0
2009 Q4 1,062 0 0 0.0
2009 Q3 612 1 0 1634.0
2009 Q2 539 0 0 0.0
2009 Q1 288 0 0 0.0
2008 Q4 260 0 0 0.0
2008 Q3 508 0 0 0.0
2008 Q2 221 0 0 0.0
2008 Q1 321 0 0 0.0
2007 Q4 315 3 1 9523.8
2007 Q3 482 0 0 0.0
2007 Q2 290 0 0 0.0
2007 Q1 365 0 0 0.0
2006 Q4 89 0 0 0.0
2006 Q3 558 0 0 0.0
2006 Q2 720 0 0 0.0
2006 Q1 726 0 0 0.0
2005 Q4 729 0 0 0.0
2005 Q3 922 0 0 0.0
2005 Q2 786 1 1 1272.3
2005 Q1 760 0 0 0.0
2004 Q4 774 0 0 0.0
2004 Q3 1,016 0 0 0.0
2004 Q2 1,142 2 1 1751.3
2004 Q1 1,177 0 0 0.0
2003 Q4 1,333 3 0 2250.6
2003 Q3 1,901 0 0 0.0
2003 Q2 1,524 2 0 1312.3
2003 Q1 1,296 0 0 0.0
2002 Q4 1,152 0 0 0.0
2002 Q3 1,467 1 0 681.7
2002 Q2 810 1 1 1234.6
2002 Q1 728 0 0 0.0
2001 Q4 916 1 1 1091.7
2001 Q3 608 0 0 0.0
2001 Q2 982 1 0 1018.3
2001 Q1 672 0 0 0.0
2000 Q4 788 1 1 1269.0
2000 Q3 408 0 0 0.0
2000 Q2 672 2 2 2976.2
2000 Q1 680 1 0 1470.6

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.