Mining Incidents

Persimmon Branch Surface Mine: 166 MSHA citations Coal

Clintwood JOD, LLC · Surface
Controlled by JOD Holdings LLC
Stopover, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1519396

Persimmon Branch Surface Mine has $53K in proposed MSHA penalties and $12K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2011–2021
Latest incident
Oct 2021
Compliance record
MSHA citations since 2011
166
citations
63
significant & substantial
$53,137
proposed penalties
$41,480
paid to date
78% of proposed penalties paid to date, a $11,657 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
43
inspections on record
2,127
inspection hours
7.8
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.
166 citations across 2,127 inspection hours.
Source: MSHA inspections data, updated weekly.

Persimmon Branch Surface Mine has $53K in proposed MSHA penalties and $12K 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.
$53K
proposed penalties
$53K
current assessed
$41K
paid to date
$12K
outstanding
165 assessments are final orders; 2 contested dockets.
Of $3K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2022-06-15.
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.
38.2%
significant & substantial
2.4%
high negligence or reckless
38.2%
reasonably likely or greater
20.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 27.9% low, 69.7% moderate, 2.4% 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 1 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$3K proposed, $3K 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 2022-05-01.
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 2022-0056 Settlement 2022 $3K → $3K
KENT 2012-683 Settlement Bulluck 2013 $362 → $362
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Persimmon Branch Surface Mine shows 99% of 230 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: 2022-07-25, 4 years ago
99%
within 1.5 mg/m3
230
samples
2.08
dust max (mg/m3)
1
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.
134 samples taken by MSHA inspectors, 96 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR95
  • HIGHWALL DRILL OPERATOR64
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE31

Silica (quartz)

Last sampled: 2022-06-13, 4 years ago
13.3
silica avg (%)
18
samples
43.5
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR9
  • BULLDOZER OPERATOR8
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE1

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: 2021-12-08, 4 years ago
3%
over PEL
75
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE20
  • BULLDOZER OPERATOR19
  • HIGHLIFT OPERATOR/FRONT END LOADER17
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
2022 100% 12
2021 97% 30
2020 100% 18
2019 100% 30
2018 100% 23
2017 100% 32
2016 100% 22
2015 93% 14
2014 100% 13
2013 100% 5
2012 100% 18
2011 100% 13
Silica (quartz) by year
Year silica avg (%) samples
2022 15.3 1
2021 15.0 4
2020 15.4 1
2019 5.1 3
2018 17.7 1
2017 13.8 4
2016 15.4 1
2011 15.2 3
Noise by year
Year over PEL samples
2021 8% 12
2019 0% 6
2018 0% 6
2017 0% 6
2016 8% 12
2015 0% 2
2014 0% 6
2012 0% 5
2011 0% 20
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Persimmon Branch Surface Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.26 and the all-US-mining average was 2.12 cases per 100 workers.
In Kentucky, coal mining averaged 4.58 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
2022 * 0.00 0.00 0.000
2021 * 2.46 2.46 0.000
2020 * 0.00 0.00 0.000
2019 * 2.69 2.69 0.000
2018 * 5.97 5.97 0.000
2017 * 3.30 3.30 0.000
2012 * 0.00 0.00 0.000
2011 * 4.19 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. Clintwood Elkhorn Mining LLC 2009 to 2019
  2. Clintwood JOD, LLC 2019 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)
2023 2
2022 22 55,213
2021 36 131,819
2020 23 99,218
2019 29 144,797
2018 25 171,732
2017 23 188,962
2016 8 69,748
2015 3 17,728
2014 8 48,216
2013 8 48,246
2012 31 197,839
2011 18 122,871
2010 0
2009 0
Source: MSHA quarterly employment and production, updated weekly.

Persimmon Branch Surface Mine 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
2023 Q1 1,070 0 0 0.0
2022 Q4 1,836 0 0 0.0
2022 Q3 8,986 0 0 0.0
2022 Q2 20,633 6 3 290.8
2022 Q1 20,965 1 1 47.7
2021 Q4 21,769 3 0 137.8
2021 Q3 16,686 2 0 119.9
2021 Q2 23,193 4 1 172.5
Show 48 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q1 19,513 3 1 153.7
2020 Q4 12,731 0 0 0.0
2020 Q3 6,238 1 0 160.3
2020 Q2 8,988 1 0 111.3
2020 Q1 16,870 4 0 237.1
2019 Q4 15,667 11 4 702.1
2019 Q3 18,979 0 0 0.0
2019 Q2 20,516 11 5 536.2
2019 Q1 19,324 0 0 0.0
2018 Q4 20,771 7 2 337.0
2018 Q3 14,036 0 0 0.0
2018 Q2 16,202 5 1 308.6
2018 Q1 16,048 0 0 0.0
2017 Q4 16,897 5 1 295.9
2017 Q3 16,544 0 0 0.0
2017 Q2 14,254 2 0 140.3
2017 Q1 12,975 0 0 0.0
2016 Q4 12,371 14 7 1131.7
2016 Q3 3,771 12 4 3182.2
2016 Q2 0 0 0
2016 Q1 54 0 0 0.0
2015 Q4 787 0 0 0.0
2015 Q3 1,796 21 13 11692.7
2015 Q2 1,008 0 0 0.0
2015 Q1 1,107 1 1 903.3
2014 Q4 1,894 0 0 0.0
2014 Q3 4,477 2 1 446.7
2014 Q2 4,908 0 0 0.0
2014 Q1 4,831 2 1 414.0
2013 Q4 3,332 1 1 300.1
2013 Q3 3,900 1 0 256.4
2013 Q2 3,523 2 0 567.7
2013 Q1 3,146 0 0 0.0
2012 Q4 12,308 4 1 325.0
2012 Q3 22,258 3 0 134.8
2012 Q2 21,496 0 0 0.0
2012 Q1 22,493 0 0 0.0
2011 Q4 18,641 4 0 214.6
2011 Q3 14,309 0 0 0.0
2011 Q2 12,829 5 3 389.7
2011 Q1 1,984 0 0 0.0
2010 Q4 0 0 0
2010 Q3 0 0 0
2010 Q2 0 0 0
2010 Q1 0 0 0
2009 Q4 0 0 0
2009 Q3 0 0 0
2009 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2021 · 1 incident

October 14, 2021 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech EXPLODING VESSELS UNDER PRESSURE
Clintwood JOD, LLC · Contact with hot objects or substances

Employee was changing hydraulic hose. After getting hose loose, pressure was on the line and sprayed hydraulic fluid on employee's face and eye.

2019 · 1 incident

September 30, 2019 KY · Coal water truck operator SLIP OR FALL OF PERSON
Clintwood Elkhorn Mining LLC · Over-exertion (Not Elsewhere Classified)

Some wiring caught fire in water truck, employee exited water truck to retrieve fire extinguisher. The next day EE started having back pain.

2018 · 2 incidents

October 22, 2018 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Clintwood Elkhorn Mining LLC · Fall from machine

Employee was exiting dozer cab when EE slipped and fell off platform landing on tracks.

July 25, 2018 KY · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Clintwood Elkhorn Mining LLC · Over-exertion (Not Elsewhere Classified)

Employee was moving a tube of oil from underneath rock truck in parking lot when EE slipped and hurt back.

2017 · 1 incident

August 4, 2017 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Clintwood Elkhorn Mining LLC · Struck against stationary object

Ratchet slipped causing to strike elbow on loader differential. Employee started missing work on 09/15/2017.

2011 · 1 incident

December 10, 2011 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Clintwood Elkhorn Mining LLC · Caught in, under or between a moving and a stationary object

got finger caught between 2 parts of L50 Loader Operator cab door