Mining Incidents

Rex Strip #1: 1 recorded fatality Coal

Controlled by Joseph T Bennett
Lovellen, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1519069

Rex Strip #1 has $238K in proposed MSHA penalties and $160K outstanding across 11 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
2
Years on record
2009–2010
Latest incident
Nov 2010
Compliance record
MSHA citations since 2007
75
citations
24
significant & substantial
$238,316
proposed penalties
$52,174
paid to date
22% of proposed penalties paid to date, a $186,142 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
23
inspections on record
908
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: 908 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Rex Strip #1 has $238K in proposed MSHA penalties and $160K outstanding across 11 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.
$238K
proposed penalties
$212K
current assessed
$52K
paid to date
$160K
outstanding
71 assessments are final orders; 11 contested dockets.
Of $233K in penalties contested before the Commission, $207K was upheld in final decisions.
As of the most recent assessment on 2011-02-25.
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.
32.4%
significant & substantial
4.1%
high negligence or reckless
32.4%
reasonably likely or greater
10.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.8% low, 89.2% moderate, 4.1% 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.
45 citations taken to the federal commission · 60% of citations on record
  • Settled 37 · 82%
  • Stood as issued 8 · 18%
96%
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 23 decided S&S contests · industry: 79%
11%
Penalty reduction in decided contests
$233K proposed, $207K 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 2011-05-17.
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 2011-1037 Prevail Andrews 2014 $158K → $158K
KENT 2008-709 Settlement Barbour 2010 $58K → $36K
KENT 2009-827 Settlement Paez 2010 $6K → $4K
KENT 2010-708 Settlement McCarthy 2011 $4K → $3K
KENT 2010-203 Settlement McCarthy 2012 $3K → $2K
KENT 2008-358 Settlement Barbour 2008 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Rex Strip #1 shows 97% of 35 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: 2010-12-31, 15 years ago
97%
within 1.5 mg/m3
35
samples
2.60
dust max (mg/m3)
30 samples taken by MSHA inspectors, 5 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR11
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
  • HIGHLIFT OPERATOR/FRONT END LOADER5

Silica (quartz)

Last sampled: 2009-12-09, 16 years ago
20.9
silica avg (%)
2
samples
33.7
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR1
  • 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: 2010-12-07, 15 years ago
0%
over PEL
28
samples
Most-sampled occupations
  • BULLDOZER OPERATOR7
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE6
  • HIGHLIFT OPERATOR/FRONT END LOADER5
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
2010 100% 15
2009 100% 10
2008 100% 5
2007 80% 5
Silica (quartz) by year
Year silica avg (%) samples
2009 33.7 1
2007 8.2 1
Noise by year
Year over PEL samples
2010 0% 10
2009 0% 10
2008 0% 3
2007 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Rex Strip #1 recorded 3.36 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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.
3.36
total case rate
3.36
days-away rate
3.359
fatality rate
Below average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In Kentucky, coal mining averaged 4.85 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
2010 * 3.36 3.36 3.359
2009 * 3.34 3.34 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. RexCoal Company, Inc. 2006 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
2014 0
2013 0
2012 0
2011 3 3,969
2010 21 84,249
2009 20 64,066
2008 5 15,139
2007 13 9,716
Source: MSHA quarterly employment and production, updated weekly.

Rex Strip #1 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
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
Show 23 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
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
2011 Q4 1,269 0 0 0.0
2011 Q3 929 0 0 0.0
2011 Q2 1,139 0 0 0.0
2011 Q1 4,030 4 3 992.6
2010 Q4 15,998 7 2 437.6
2010 Q3 14,495 0 0 0.0
2010 Q2 15,222 7 1 459.9
2010 Q1 13,818 2 1 144.7
2009 Q4 15,735 8 3 508.4
2009 Q3 15,206 14 2 920.7
2009 Q2 15,824 0 0 0.0
2009 Q1 13,032 0 0 0.0
2008 Q4 7,054 10 4 1417.6
2008 Q3 833 0 0 0.0
2008 Q2 1,168 0 0 0.0
2008 Q1 838 0 0 0.0
2007 Q4 4,545 0 0 0.0
2007 Q3 11,612 16 6 1377.9

Fatalities at this mine

1 recorded
November 23, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · POWERED HAULAGE
RexCoal Company, Inc. · Caught in, under or between a moving and a stationary object

A Mack DM-600 tandem axle lube truck was descending a grade into the active work area of the mine when the operator lost control of the truck and either jumped or was thrown from the vehicle. The truck struck an embankment and overturned on its left side resulting in fatal crushing injuries to the victim. He was pronounced dead at the scene by the coroner.

Reportable incidents

1 on file (excluding fatalities above)

2009 · 1 incident

September 29, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FIRE
RexCoal Company, Inc. · Contact with hot objects or substances

Ee used ether to clean work area. He then lit the torch too soon and caught his hand on fire.