Mining Incidents

Prep Plant: 783 MSHA citations Coal

Controlled by Douglas Warriner
Gulston, Harlan County, KY  ·  NonProducing
MSHA Mine ID: 1512428

Prep Plant has $439K in proposed MSHA penalties and $180K outstanding across 19 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
1994–2013
Latest incident
Apr 2013
Compliance record
MSHA citations since 2001
783
citations
266
significant & substantial
$439,236
proposed penalties
$195,588
paid to date
45% of proposed penalties paid to date, a $243,648 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
110
inspections on record
3,882
inspection hours
20.2
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.
783 citations across 3,882 inspection hours.
Source: MSHA inspections data, updated weekly.

Prep Plant has $439K in proposed MSHA penalties and $180K outstanding across 19 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.
$439K
proposed penalties
$376K
current assessed
$196K
paid to date
$180K
outstanding
760 assessments are final orders; 19 contested dockets.
Of $198K in penalties contested before the Commission, $104K was upheld in final decisions.
As of the most recent assessment on 2024-12-17.
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.
35.0%
significant & substantial
2.0%
high negligence or reckless
35.3%
reasonably likely or greater
6.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.6% low, 90.4% moderate, 2.0% 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.
166 citations taken to the federal commission · 21% of citations on record
  • Settled 153 · 92%
  • Stood as issued 9 · 5%
  • Vacated or withdrawn 4 · 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 56 decided S&S contests · industry: 79%
46%
Penalty reduction in decided contests
$198K proposed, $107K 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 2015-07-26.
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 2008-1224 Settlement Weisberger 2009 $81K → $31K
KENT 2008-1059 Prevail Feldman 2010 $40K → $12K
KENT 2009-379 Settlement Barbour 2010 $33K → $24K
KENT 2009-937 Settlement Feldman 2011 $7K → $5K
KENT 2009-1410 Default Lesnick 2011 $7K → $7K
KENT 2009-1366 Settlement Weisberger 2010 $4K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Prep Plant shows 100% of 138 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: 2017-09-19, 8 years ago
100%
within 1.5 mg/m3
138
samples
1.24
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.
119 samples taken by MSHA inspectors, 19 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE37
  • BULLDOZER OPERATOR26
  • WASHER OPERATOR20

Silica (quartz)

Last sampled: 2011-08-16, 15 years ago
10.7
silica avg (%)
3
samples
17.5
silica max (%)
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE2
  • WASHER OPERATOR1

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: 2017-09-19, 8 years ago
10%
over PEL
73
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE18
  • BULLDOZER OPERATOR13
  • UTILITY MAN10
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
2015 100% 1
2013 100% 5
2012 100% 24
2011 100% 14
2010 100% 5
2009 100% 19
2008 100% 10
2007 100% 12
2006 100% 8
2005 100% 10
2004 100% 14
2003 100% 11
2002 100% 3
Noise by year
Year over PEL samples
2017 0% 2
2013 33% 6
2012 0% 10
2011 0% 5
2010 0% 5
2009 0% 9
2008 0% 9
2007 0% 5
2006 40% 5
2005 0% 8
2003 50% 6
2002 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Prep Plant recorded 0.00 reportable injury cases per 100 full-time workers in 2018.

Injury rate, 2018
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 3.34 and the all-US-mining average was 2.33 cases per 100 workers.
In Kentucky, coal mining averaged 3.81 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
2018 * 0.00 0.00 0.000
2011 * 2.30 2.30 0.000
2010 1.42 0.00 0.000
2009 0.00 0.00 0.000
2008 * 2.16 2.16 0.000
2007 * 5.54 5.54 0.000
2006 * 2.09 2.09 0.000
2005 * 4.87 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. Golden Glow Coals Inc 1980 to 1982
  2. N E R Of Kentucky Inc 1982 to 1987
  3. Balmont Corp 1987 to 1992
  4. Harlan Fuel Company 1992 to 1995
  5. Harlan Fuel Company 1995 to 1996
  6. Harlan Fuel Company 1996 to 2001
  7. Debra Lynn Coals, Inc. 2001 to 2003
  8. Sequoia Energy LLC 2003 to 2016
  9. Double Branch Energy, LLC. 2016 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 0
2025 7
2024 8
2023 7
2022 8
2021 8
2020 7
2019 7
2018 13
2017 14
2016 1
2015 3
2014 3
2013 2
2012 4
2011 30
2010 41
2009 43
2008 29
2007 27
2006 36
2005 31
2004 35
2003 20
2002 3
2001 2
2000 0
Source: MSHA quarterly employment and production, updated weekly.

Prep Plant sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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
2026 Q2 0 0 0
2026 Q1 0 0 0
2025 Q4 2,984 0 0 0.0
2025 Q3 3,504 0 0 0.0
2025 Q2 3,504 0 0 0.0
2025 Q1 2,812 0 0 0.0
2024 Q4 3,747 1 0 266.9
2024 Q3 3,747 0 0 0.0
Show 94 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,747 0 0 0.0
2024 Q1 3,832 0 0 0.0
2023 Q4 4,428 0 0 0.0
2023 Q3 2,632 0 0 0.0
2023 Q2 3,264 0 0 0.0
2023 Q1 4,106 0 0 0.0
2022 Q4 5,252 0 0 0.0
2022 Q3 5,236 0 0 0.0
2022 Q2 4,576 0 0 0.0
2022 Q1 4,576 0 0 0.0
2021 Q4 5,252 0 0 0.0
2021 Q3 5,202 0 0 0.0
2021 Q2 4,872 0 0 0.0
2021 Q1 4,266 0 0 0.0
2020 Q4 4,000 0 0 0.0
2020 Q3 3,040 0 0 0.0
2020 Q2 1,883 0 0 0.0
2020 Q1 2,814 0 0 0.0
2019 Q4 3,644 0 0 0.0
2019 Q3 3,650 0 0 0.0
2019 Q2 3,724 0 0 0.0
2019 Q1 3,641 0 0 0.0
2018 Q4 6,220 0 0 0.0
2018 Q3 6,201 0 0 0.0
2018 Q2 5,864 0 0 0.0
2018 Q1 6,976 0 0 0.0
2017 Q4 7,176 0 0 0.0
2017 Q3 7,176 0 0 0.0
2017 Q1 7,176 1 0 139.4
2016 Q3 633 0 0 0.0
2016 Q1 258 0 0 0.0
2015 Q4 876 0 0 0.0
2015 Q3 750 0 0 0.0
2015 Q2 958 0 0 0.0
2015 Q1 1,533 0 0 0.0
2014 Q4 1,380 0 0 0.0
2014 Q3 1,174 0 0 0.0
2014 Q2 548 0 0 0.0
2014 Q1 366 0 0 0.0
2013 Q4 0 0 0
2013 Q2 1,274 9 3 7064.4
2013 Q1 2,240 2 0 892.9
2012 Q4 1,810 1 0 552.5
2012 Q3 1,602 0 0 0.0
2012 Q2 1,255 1 0 796.8
2012 Q1 5,094 30 12 5889.3
2011 Q4 22,244 0 0 0.0
2011 Q3 19,769 6 2 303.5
2011 Q2 21,085 0 0 0.0
2011 Q1 23,896 9 2 376.6
2010 Q4 33,082 0 0 0.0
2010 Q3 31,201 8 2 256.4
2010 Q2 49,857 0 0 0.0
2010 Q1 27,029 22 5 813.9
2009 Q4 19,689 7 2 355.5
2009 Q3 23,231 36 3 1549.7
2009 Q2 50,298 57 12 1133.2
2009 Q1 34,545 21 3 607.9
2008 Q4 32,681 3 1 91.8
2008 Q3 23,662 33 13 1394.6
2008 Q2 13,333 2 0 150.0
2008 Q1 22,827 15 9 657.1
2007 Q4 20,053 0 0 0.0
2007 Q3 16,584 30 1 1809.0
2007 Q2 19,007 23 1 1210.1
2007 Q1 16,586 45 22 2713.1
2006 Q4 22,056 0 0 0.0
2006 Q3 19,899 9 2 452.3
2006 Q2 27,147 0 0 0.0
2006 Q1 26,711 26 7 973.4
2005 Q4 14,042 0 0 0.0
2005 Q3 11,869 5 0 421.3
2005 Q2 28,453 0 0 0.0
2005 Q1 27,785 1 0 36.0
2004 Q4 25,551 14 6 547.9
2004 Q3 26,857 12 7 446.8
2004 Q2 23,587 6 2 254.4
2004 Q1 22,065 0 0 0.0
2003 Q4 13,087 19 7 1451.8
2003 Q3 19,448 3 2 154.3
2003 Q2 19,785 8 1 404.3
2003 Q1 7,019 0 0 0.0
2002 Q4 0 4 2
2002 Q3 683 1 0 1464.1
2002 Q2 1,950 6 1 3076.9
2002 Q1 6,293 0 0 0.0
2001 Q4 3,371 6 3 1779.9
2001 Q3 2,340 0 0 0.0
2001 Q2 0 0 0
2001 Q1 0 0 0
2000 Q4 0 0 0
2000 Q3 0 0 0
2000 Q2 0 0 0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

15 on file

2013 · 1 incident

April 28, 2013 KY · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor HANDTOOLS (NONPOWERED)
Sequoia Energy LLC · Caught in, under or between a moving and a stationary object

The employee was using a pipe wrench to move a sheave to put the belts on a drive when it slipped and caught the tip of the right middle finger between the pipe wrench and the sheave.

2012 · 1 incident

December 19, 2012 KY · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor HANDLING OF MATERIALS
Sequoia Energy LLC · Struck by... (Not Elsewhere Classified)

The employee was trying to clean out a clogged 4" pipe on the second floor of the prep plant with a wash down hose, when the hose slipped out of his hands and striking him in the left side of the head and face resulting in two cracked facial bones.

2011 · 1 incident

January 10, 2011 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Sequoia Energy LLC · Fall to the walkway or working surface

EE was putting up silt fence along the berms beside the Prep Plant. He slipped and his leg went under him and he landed on his left knee. He complained of a burning sensation in his knee, so he was taken to the medical facility for treatment.

2010 · 1 incident

October 27, 2010 KY · Coal pumper HANDLING OF MATERIALS
Sequoia Energy LLC · Struck by... (Not Elsewhere Classified)

EE was measuring belt structure using a metal tape measure. The tape measure slid across his fingers therefore cutting his fingers. Resulting in 10 stitches in 3 fingers.

2009 · 1 incident

May 23, 2009 KY · Coal welder (shop) HANDLING OF MATERIALS
Sequoia Energy LLC · Struck by falling object

EMPLOYEE WAS MAKING PINS FOR CENTER SECTION OF 988 G WHEEL LOADER. WHEN HE MOVED ONE PIN, THE OTHER PIN FELL, PINCHING THE END OF HIS THUMB.

2008 · 2 incidents

June 16, 2008 KY · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Sequoia Energy LLC · Fall from machine

EE was picking rock off belt line at the clean coal crusher, when he lost his footing and fell.

May 12, 2008 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Sequoia Energy LLC · Fall from machine

EE was traveling down steep grade, when the truck apparently came out of gear and he lost control of the truck. EE jumped out of the truck, causing scraps and bruises to himself.

2007 · 2 incidents

May 16, 2007 KY · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Sequoia Energy LLC · Fall to the walkway or working surface

While walking from 1 bldg., to another, EE fell while turning the corner & bruised his left knee & wrist, causing some swelling.

February 6, 2007 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Sequoia Energy LLC · Over-exertion (Not Elsewhere Classified)

Employee stated that due to repetitive motion, surgery was required to repair the rotator cuff. Employee continued to work from date of injury, 2-6-07, until 8-2-07, his surgery date.

2006 · 1 incident

January 7, 2006 KY · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor MACHINERY
Sequoia Energy LLC · Over-exertion in pulling or pushing objects

An employee was moving an electric motor across the floor with a pallet jack when he felt pain in his upper back and left shoulder. He took off work on Jan. 8 & 9. X-ray tests were negative at the hospital.

2005 · 2 incidents

May 16, 2005 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Sequoia Energy LLC · Struck against a moving object

A miner was leaving mine property in his personal vehicle to go home. He was passing a vehicle that he had been following when he met a coal truck on the haul road. His vehicle collided with the coal truck. He refused treatment at the time of the accident but went to the E.R. later that night where it was determined that he had a fractured collarbone & dislocated shoulder.

April 29, 2005 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Sequoia Energy LLC · Struck against stationary object

EE stated that he was changing a hydraulic hose on a d9 dozer when he raised up and struck his head on the dozer. He had removal his hand but the pillow access into the area of the dozer. He recieved 3 stitches to his head

1995 · 2 incidents

July 20, 1995 KY · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator DUST DISEASE OF LUNGS
Harlan Fuel Company · Inhalation of radiations, caustics, toxic and noxious substances

EMPLOYEE WAS AWARDED RETRAINING INCENTIVE BENEFITS FOR COAL WORKERS PNEUMOCONIOSIS.

April 25, 1995 KY · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Harlan Fuel Company · Over-exertion (Not Elsewhere Classified)

EE STATED THAT HE HAD CLEANED RAW COAL VIBRATOR.HE CLIMBED OUT OF HOLE ON THE BACK OF THE VIBRATOR THAT WAS COVERED WITH A PIECE OF BELT. HE HADTO HOLD BELT UP WITH HIS HEAD WHILE HE TWISTED A ROUND TO GET ONTO A 55 GAL BARREL, HE THEN STEPPED OFF ONTO FLOOR. WHEN GOT ONTO FLOOR, HE COULDHARDLY STRAIGHTEN UP WITH PAIN IN LOWER BACK AREA RESULTING IN STRAIN TO LOWER BACK.

1994 · 1 incident

June 2, 1994 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Harlan Fuel Company · Fall from ladders

EE STATED THAT HE WAS GOING UP LADDER TO TIE IT OFF. HE GOT 6 FT OFF THE GROUND ON THE LADDER AND LADDER SLIPPED AND HE FELL APPROX. 6 FT . WHEN HE FELL HE HIT ON LADDER CAUSING A FRACTURE TO I 9 VETERBRAE.