Mining Incidents

Premium #5 Deep Mine: 1 recorded fatality Coal

Premium Coal Company Inc · Underground
Controlled by James C Justice III
Devonia, Anderson County, TN  ·  Abandoned and Sealed
MSHA Mine ID: 4003328

Premium #5 Deep Mine has $420K in proposed MSHA penalties and $224K outstanding across 26 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
33
Years on record
2009–2011
Latest incident
Aug 2011
Compliance record
MSHA citations since 2009
361
citations
134
significant & substantial
$420,136
proposed penalties
$106,330
paid to date
25% of proposed penalties paid to date, a $313,806 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
38
inspections on record
2,600
inspection hours
13.9
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.
361 citations across 2,600 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.
4
Section 107(a) orders
Most recent order: 2011-07-18.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Premium #5 Deep Mine has $420K in proposed MSHA penalties and $224K outstanding across 26 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.
$420K
proposed penalties
$330K
current assessed
$106K
paid to date
$224K
outstanding
338 assessments are final orders; 26 contested dockets.
Of $241K in penalties contested before the Commission, $135K was upheld in final decisions.
As of the most recent assessment on 2014-02-05.
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.
39.6%
significant & substantial
3.0%
high negligence or reckless
39.3%
reasonably likely or greater
18.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.8% low, 90.2% moderate, 3.0% 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.
125 citations taken to the federal commission · 35% of citations on record
  • Settled 115 · 92%
  • Stood as issued 8 · 6%
  • Vacated or withdrawn 2 · 2%
86%
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 76 decided S&S contests · industry: 79%
44%
Penalty reduction in decided contests
$247K proposed, $138K 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 2014-08-14.
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
SE 2010-846 Settlement Andrews 2014 $135K → $54K
SE 2012-281 Settlement Zielinski 2012 $36K → $25K
SE 2011-473 Default Lesnick 2012 $13K → $13K
SE 2011-35 Settlement Weisberger 2012 $10K → $7K
SE 2011-125 Settlement Weisberger 2011 $7K → $5K
SE 2010-1192 Settlement Rae 2012 $7K → $5K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Premium #5 Deep Mine shows 97% of 156 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: 2011-09-10, 14 years ago
97%
within 1.5 mg/m3
156
samples
3.03
dust max (mg/m3)
62 samples taken by MSHA inspectors, 94 by the operator.
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR75
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)10
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)9

Silica (quartz)

Last sampled: 2011-09-19, 14 years ago
7.9
silica avg (%)
11
samples
12.1
silica max (%)

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: 2011-09-10, 14 years ago
2%
over PEL
51
samples
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)9
  • MOBILE BRIDGE OPERATOR8
  • CONTINUOUS MINER OPERATOR7
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 100% 43
2010 95% 61
2009 98% 52
Silica (quartz) by year
Year silica avg (%) samples
2011 6.7 4
2010 9.0 3
2009 8.3 4
Noise by year
Year over PEL samples
2011 0% 9
2010 0% 23
2009 5% 19
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Premium #5 Deep Mine recorded 10.91 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.
10.91
total case rate
10.91
days-away rate
0.000
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 Tennessee, coal mining averaged 4.18 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 * 10.91 10.91 0.000
2010 * 11.21 6.73 0.000
2009 * 16.77 16.77 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. National Coal Corporation 2008 to 2010
  2. Premium Coal Company Inc 2010 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)
2015 0
2013 0
2012 0
2011 22 51,460
2010 39 132,104
2009 48 113,341
Source: MSHA quarterly employment and production, updated weekly.

Premium #5 Deep Mine sits in Anderson County, Tennessee, where the Census mining category is 0.2% 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.
Anderson County, Tennessee · Population 78,175
0.2%
Mining share of county employment
$63,171
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
2015 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 3 0
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q1 0 1 1
2011 Q4 1,513 1 0 660.9
2011 Q3 13,775 43 9 3121.6
2011 Q2 24,257 49 13 2020.0
2011 Q1 15,461 3 0 194.0
2010 Q4 20,847 25 8 1199.2
2010 Q3 23,374 32 22 1369.0
2010 Q2 18,067 34 16 1881.9
2010 Q1 26,879 37 15 1376.5
2009 Q4 30,516 31 10 1015.9
2009 Q3 32,107 25 5 778.6
2009 Q2 14,758 30 11 2032.8
2009 Q1 6,102 3 1 491.6

Fatalities at this mine

1 recorded
October 9, 2009 TN · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · POWERED HAULAGE
National Coal Corporation · Struck against stationary object

Truck traveling from mine site. The victim had truck in high gear, truck was out of control, he put truck in ditch and jumped out. Victim received fatal injury to head.

Reportable incidents

32 on file (excluding fatalities above)

2011 · 11 incidents

August 12, 2011 TN · Coal FALL OF ROOF OR BACK
Premium Coal Company Inc · Accident type, without injuries

A roof fall occurred in the #4 crosscut intersection of the #4 entry. The roof fall was 50' long x 18-20' wide x 5-7' thick. The fall was cleaned up and the area was re-supported. There were no injuries or property damage.

July 21, 2011 TN · Coal belt foreman, maintenance foreman, maintenance supervisor HANDLING OF MATERIALS
Premium Coal Company Inc · Over-exertion in lifting objects

Employee received an injury as a result of handling cribs blocks. Employee received a pulled/strained muscle injury while turning with a crib block to place it off the belt to be installed.

June 10, 2011 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FALL OF ROOF OR BACK
Premium Coal Company Inc · Struck by falling object

Employee was bent over walking toward the #1 entry and was struck on the back by a piece of falling draw rock which measured 3'x1'x3".

June 1, 2011 TN · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Premium Coal Company Inc · Over-exertion in lifting objects

EE alleges an injury occurred which resulted in stomach and chest pain while bending and or installing roof bolts and cable bolts. Note: This accident may be updated EE indicated to supervisor that he is suffering from a collapsed lung and pneumonia. May not be work related.

May 24, 2011 TN · Coal FALL OF ROOF OR BACK
Premium Coal Company Inc · Accident type, without injuries

Note: Date & Time fall occurred not known (is in worked out area) - Time noted was approx time fall found. An unintentional roof fall occurred on the 3 east north mains between crosscuts 4 & 5 in the No5 entry. The fall was approximately 60'long X 18' wide X 8'-10' high ( estimate). No injuries or property damage.

May 13, 2011 TN · Coal FALL OF ROOF OR BACK
Premium Coal Company Inc · Accident type, without injuries

An unplanned roof fall occurred in the #3 belt entry one cross cut in by SS 361 n the intersection. The fall was approximately 10' high - 28' wide (including area in adjacent crosscuts) and 3.5' long. These are approx. measurements. There were no injuries. The belt drive and tailpiece were under the fall and will not be recovered. Area old.

May 7, 2011 TN · Coal FALL OF ROOF OR BACK
Premium Coal Company Inc · Accident type, without injuries

An unplanned roof fall occurred in the intersection of the 12th crosscut of the #4 entry of the north mains. The fall was approximately 18'wide X 20'long and 8' to 10'high. There was no property damage or injuries. The fall will be cleaned up. This is an out by area along the main travel way.

May 3, 2011 TN · Coal INUNDATION
Premium Coal Company Inc · Accident type, without injuries

While attempting to connect 3 north mains to 2 east panel 4 for the purposes of pumping water from worked out panel an inundation occurred. The amount of water encountered at cut through was greater than expected & the result of the inflow typically was from a feathers edge to 6"-12" deep with the max. being approx 30" in a swag in belt entry. No injuries or entrapment occurred.

April 26, 2011 TN · Coal FALL OF ROOF OR BACK
Premium Coal Company Inc · Accident type, without injuries

An unplanned roof fall was found the exact date/time of fall is not known found at approx. 11:30 a.m.The fall is located in #5 entry of the #3 East Mains at c.c. #35 in the intersection. Fall approx. 8' X 10' high and 18' wide. The length of the fall could not be determined. There was no property damage or injuries.

April 15, 2011 TN · Coal FALL OF ROOF OR BACK
Premium Coal Company Inc · Accident type, without injuries

An unplanned roof fall 20' x 60'-70' long x approx 8' high occurred in the No. 4 entry between xcuts 34 and 35 and extended into the xcut (No. 35) between No. 3 & 4 entries. There was no property damage or injuries. Proximity of soft shale roof, slips & joints and water in roof contributed to the occurrence.

April 7, 2011 TN · Coal FALL OF ROOF OR BACK
Premium Coal Company Inc · Accident type, without injuries

An unplanned roof fall, 20' wide x 40' long x 5' thick occurred in the 2 L crosscut at crosscut No. 35 of the No. 4 Right Mains. There were no property damage or injuries. Proximity to the intersection, shale roof (soft) and slips/joints contributed to the occurrence.

2010 · 6 incidents

September 16, 2010 TN · Coal electrician, lineman MACHINERY
Premium Coal Company Inc · Struck by flying object

Rock wheel on grinder busted sending a chip of rock into ee chin, cutting a small gash in the bottom.

August 23, 2010 TN · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Premium Coal Company Inc · Struck by falling object

A piece of rock 23X17X3 fell striking victim on right side of face and continuing down his right arm.

August 7, 2010 TN · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Premium Coal Company Inc · Struck by... (Not Elsewhere Classified)

Splicing belt and struck hand (right) with hammer.

2009 · 15 incidents

November 20, 2009 TN · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
National Coal Corporation · Over-exertion (Not Elsewhere Classified)

Previous incision from surgery separated while installing a roof bolt.

October 6, 2009 TN · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
National Coal Corporation · Struck by flying object

EE ran over a roof bolt with a scoop, it flipped upward striking him in the right side of the face.

September 1, 2009 TN · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler STRIKING OR BUMPING
National Coal Corporation · Struck against stationary object

EE was lining up belt structure on #2 belt line, when he bumped his right knee against belt structure.

August 22, 2009 TN · Coal mechanic helper OTHER
National Coal Corporation · Absorption of radiations, caustics, toxic and noxious substances

Loading parts on mechanics buggy ee was bitten on right hand by spider.

July 15, 2009 TN · Coal discontinued 1/31/2014. several other codes cover scoop car operator SLIP OR FALL OF PERSON
National Coal Corporation · Over-exertion (Not Elsewhere Classified)

Stepped off of scoop and crilled ankle and broke it on left foot.

April 29, 2009 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
National Coal Corporation · Over-exertion in lifting objects

Employee was picking up a piece of belt structure to move it out of his way. Hurt his lower back.

April 23, 2009 TN · Coal continuous miner operator, coal mole operator MACHINERY
National Coal Corporation · Struck by powered moving object

Employee was crawling underneath bridge, the bridge hit his hip.