Right Oakley Surface has $19K in proposed MSHA penalties and $1K outstanding across 5 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
5
Years on record
2010–2017
Latest incident
Jan 2017
Compliance record
MSHA citations since 2010
110
citations
48
significant & substantial
$19,254
proposed penalties
$17,646
paid to date
92% of proposed penalties paid to date, a $1,608 gap.
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.
110 citations across 3,017 inspection hours.
Source: MSHA inspections data, updated weekly.
Right Oakley Surface has $19K in proposed MSHA penalties and $1K outstanding across 5 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.
$19K
proposed penalties
$19K
current assessed
$18K
paid to date
$1K
outstanding
105 assessments are final orders; 5 contested dockets.
Of $3K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2020-03-24.
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.
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.
14citations taken to the federal commission · 13% of citations on record
Settled
8 · 57%
Stood as issued
6 · 43%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 8 decided S&S contests · industry: 79%
4%
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 2019-03-19.
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.
MSHA sampling at Right Oakley Surface shows 100% of 166 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: 2018-07-12, 8 years ago
100%
within 1.5 mg/m3
166
samples
0.80
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.
120 samples taken by MSHA inspectors, 46 by the operator.
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.
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.
Right Oakley Surface recorded 0.00 reportable injury cases per 100 full-time workers in 2016.
Injury rate, 2016
ⓘ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 3.79 and the all-US-mining average was 2.59 cases per 100 workers.
In Kentucky, coal mining averaged 4.56 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
2016 *
0.00
0.00
0.000
2015 *
0.00
0.00
0.000
2014
1.28
0.00
0.000
2013
0.00
0.00
0.000
2012
0.00
0.00
0.000
2011
0.00
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.
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)
2019
36
70,316
2018
0
2017
8
61,276
2016
41
344,489
2015
32
196,944
2014
56
586,738
2013
55
521,834
2012
55
565,345
2011
57
706,010
2010
43
478,684
Source: MSHA quarterly employment and production, updated weekly.
Right Oakley Surface sits in Magoffin County, Kentucky, where the Census mining category is 2.7% 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.
Magoffin County, Kentucky · Population 11,495
2.7%
Mining share of county employment
$33,632
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
2019 Q2
20,745
0
0
0.0
2018 Q4
0
0
0
2018 Q3
0
0
0
2018 Q2
0
0
0
2018 Q1
0
0
0
2017 Q4
0
0
0
2017 Q3
0
0
0
2017 Q2
8,831
0
0
0.0
Show 28 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2017 Q1
10,574
1
0
94.6
2016 Q4
23,816
3
1
126.0
2016 Q3
25,960
0
0
0.0
2016 Q2
24,547
4
2
163.0
2016 Q1
24,380
0
0
0.0
2015 Q4
24,887
1
1
40.2
2015 Q3
17,173
0
0
0.0
2015 Q2
5,341
1
0
187.2
2015 Q1
18,874
2
0
106.0
2014 Q4
38,646
2
0
51.8
2014 Q3
40,235
0
0
0.0
2014 Q2
43,943
4
1
91.0
2014 Q1
33,999
0
0
0.0
2013 Q4
31,034
0
0
0.0
2013 Q3
36,996
0
0
0.0
2013 Q2
38,246
2
1
52.3
2013 Q1
37,390
0
0
0.0
2012 Q4
35,175
3
0
85.3
2012 Q3
33,204
0
0
0.0
2012 Q2
30,775
3
1
97.5
2012 Q1
38,187
0
0
0.0
2011 Q4
38,229
2
0
52.3
2011 Q3
38,980
0
0
0.0
2011 Q2
37,196
5
1
134.4
2011 Q1
35,827
0
0
0.0
2010 Q4
32,622
2
0
61.3
2010 Q3
31,410
0
0
0.0
2010 Q2
28,155
4
1
142.1
No fatalities recorded at this mine.
Reportable incidents
5 on file
2017 · 1 incident
January 27, 2017KY · Coaloutside foreman, leadmanMACHINERY
Our employee was approaching the pressure gun/wand (approximately 5 ft. away) during startup. Apparently the trigger gun discharged hitting employee in the face, knocking employee's safety glasses off employee's face and causing an injury to the right eye. As there were no witnesses, this is employee's account.
2014 · 1 incident
October 10, 2014KY · Coalgreaser, grease man, oiler, lube man, dragline oilerHANDLING OF MATERIALS
EE (mechanic) was changing the left track on the D-10R dozer until #L1-1472 when the chain he was picking up the track up slipped and fell on his right foot. He drove himself to ARH in Hazard and received x-rays no other treatment. His right foot was bruised.
January 30, 2013KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSLIP OR FALL OF PERSON
EE was replacing alternator on a D9R dozer (unit #L1-798) when he slipped on the dozer track that was wet. He reached for the engine compartment door to steady himself and caught the corner of the door cutting his right hand. He went to ARH in Hazard, KY and received 10 stitches.
2010 · 1 incident
August 26, 2010KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSLIP OR FALL OF PERSON
EE was hooking chains to a cab to unload it off a step deck trailer. EE forgot it was a stepdeck assumed it was flat and fell. EE landed on his back and then rolled off the lower portion to his head.