Mining Incidents

Red Oak Job #5: 51 MSHA citations Coal

B&W Resources Inc · Surface
Controlled by Lipari Energy
Sassafras, Perry County, KY  ·  Abandoned
MSHA Mine ID: 1518717

Red Oak Job #5 has $6K in proposed MSHA penalties and $2K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2004–2006
Latest incident
Oct 2006
Compliance record
MSHA citations since 2004
51
citations
20
significant & substantial
$6,286
proposed penalties
$4,154
paid to date
66% of proposed penalties paid to date, a $2,132 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
15
inspections on record
696
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: 696 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Red Oak Job #5 has $6K in proposed MSHA penalties and $2K 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.
$6K
proposed penalties
$6K
current assessed
$4K
paid to date
$2K
outstanding
50 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2008-05-19.
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.
40.0%
significant & substantial
0.0%
high negligence or reckless
40.0%
reasonably likely or greater
4.0%
permanently disabling or fatal if injury occurs
Negligence coding: 2.0% none, 8.0% low, 90.0% 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 · 4% of citations on record
  • Stood as issued 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 2 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 2008-02-15.
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 2007-361 Default Lesnick 2008 $2K → $2K
KENT 2008-582 Default Lesnick 2010 $425 → $425
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Red Oak Job #5 shows 100% of 79 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: 2008-05-13, 18 years ago
100%
within 1.5 mg/m3
79
samples
1.21
dust max (mg/m3)
55 samples taken by MSHA inspectors, 24 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR32
  • HIGHLIFT OPERATOR/FRONT END LOADER21
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE13

Silica (quartz)

Last sampled: 2006-02-10, 20 years ago
21.6
silica avg (%)
2
samples
42.8
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR1
  • HIGHLIFT OPERATOR/FRONT END LOADER1

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: 2007-11-28, 18 years ago
0%
over PEL
35
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER11
  • BULLDOZER OPERATOR9
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE9
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
2008 100% 5
2007 100% 17
2006 100% 28
2005 100% 14
2004 100% 15
Silica (quartz) by year
Year silica avg (%) samples
2006 0.3 1
2005 42.8 1
Noise by year
Year over PEL samples
2007 0% 10
2006 0% 10
2005 0% 5
2004 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Red Oak Job #5 recorded 0.00 reportable injury cases per 100 full-time workers in 2007.

Injury rate, 2007
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 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
In Kentucky, coal mining averaged 5.12 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
2007 * 0.00 0.00 0.000
2006 * 2.13 2.13 0.000
2005 1.76 1.76 0.000
2004 * 2.10 2.10 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. B&W Resources Inc 2004 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)
2008 28 97,074
2007 25 197,077
2006 38 281,779
2005 40 305,758
2004 41 274,365
Source: MSHA quarterly employment and production, updated weekly.

Red Oak Job #5 sits in Perry County, Kentucky, where the Census mining category is 3.3% 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.
Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
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
2008 Q2 17,957 2 1 111.4
2008 Q1 17,116 0 0 0.0
2007 Q4 12,081 1 0 82.8
2007 Q3 11,932 1 0 83.8
2007 Q2 14,384 0 0 0.0
2007 Q1 15,434 5 0 324.0
2006 Q4 19,687 1 0 50.8
2006 Q3 21,089 0 0 0.0
Show 10 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q2 26,825 2 0 74.6
2006 Q1 26,413 2 0 75.7
2005 Q4 27,044 0 0 0.0
2005 Q3 30,661 0 0 0.0
2005 Q2 29,382 3 2 102.1
2005 Q1 26,734 0 0 0.0
2004 Q4 30,624 1 1 32.7
2004 Q3 30,346 0 0 0.0
2004 Q2 26,038 1 0 38.4
2004 Q1 8,003 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2006 · 2 incidents

October 17, 2006 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
B&W Resources Inc · Struck against a moving object

As EE was desending the haul road in his loaded coal truck, his brakes failed at the bottom of the haul road, resulting in his losing control and going over a 25' embankment. Prelimenary reports are that his left arm is broken at the wrist.

May 22, 2006 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer OTHER
B&W Resources Inc · Bodily reaction, (Not Elsewhere Classified)

As the employee bent over to start a water pump, he felt something "pull" in his back. Employee continued to work until Friday (5-26-06), his first day off work. As of 5-30-06 his diagnosis is pending.

2005 · 1 incident

November 5, 2005 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
B&W Resources Inc · Struck against a moving object

EE WAS IN THE PROCESS OF PULLING A LOAD OF WATER UP THE ROAD WHEN SOMETHING BROKE ON THE TRUCK CAUSING THE TRUCK TO GO BACKWARDS APPROX 40-50 FEET. THE TRUCK CAB TURNED OVER ON ITS LEFT SIDE. EMPLOYEE RECEIVED 5 STITCHES TO THE LEFT SIDE OF HIS HEAD. HE WAS TAKEN TO HAZARD HRH WHERE HE WAS TREATED AND RELEASED.

2004 · 1 incident

June 24, 2004 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
B&W Resources Inc · Struck against a moving object

Ee was in the process of dumping a load of rock when he backed over a 2 foot trench. He complained of a lower back injury, his diagnosis is pending.