S-17 Cumberland has $234K in proposed MSHA penalties and $44K outstanding across 30 contested dockets, plus health sampling and the full incident record.
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Fatalities
1
Total incidents
23
Years on record
2006–2019
Latest incident
May 2019
Compliance record
MSHA citations since 2004
420
citations
108
significant & substantial
$233,841
proposed penalties
$171,372
paid to date
73% of proposed penalties paid to date, a $62,469 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.
420 citations across 6,077 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.
2
Section 107(a) orders
Most recent order: 2016-02-24.
On record since 2016.
Source: MSHA imminent-danger order records, updated weekly.
S-17 Cumberland has $234K in proposed MSHA penalties and $44K outstanding across 30 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.
$234K
proposed penalties
$216K
current assessed
$171K
paid to date
$44K
outstanding
393 assessments are final orders; 30 contested dockets.
Of $143K in penalties contested before the Commission, $124K was upheld in final decisions.
As of the most recent assessment on 2019-03-19.
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.
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.
114citations taken to the federal commission · 27% of citations on record
Settled
110 · 96%
Stood as issued
3 · 3%
Vacated or withdrawn
1 · 1%
93%
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 40 decided S&S contests · industry: 79%
16%
Penalty reduction in decided contests
$148K proposed, $124K 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 2019-05-28.
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 S-17 Cumberland shows 100% of 323 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: 2019-06-24, 7 years ago
100%
within 1.5 mg/m3
323
samples
1.01
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.
221 samples taken by MSHA inspectors, 102 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.
S-17 Cumberland recorded 1.82 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.
1.82
total case rate
1.82
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.
Year
total case rate
days-away
fatal
2018
1.82
1.82
0.000
2017
0.00
0.00
0.000
2016
0.00
0.00
0.000
2015
1.58
1.58
0.000
2014 *
0.00
0.00
0.000
2013 *
0.00
0.00
0.000
2012
2.19
1.09
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
24
35,743
2018
47
302,873
2017
34
323,575
2016
37
485,652
2015
38
677,748
2014
14
110,329
2013
17
4,438
2012
73
552,187
2011
136
938,212
2010
118
883,361
2009
102
856,586
2008
121
1,310,620
2007
94
1,079,757
2006
62
1,021,056
2005
44
588,791
2004
27
134,750
Source: MSHA quarterly employment and production, updated weekly.
S-17 Cumberland sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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
Hauler backed over the outslope. The hauler traveled approximately 150 feet down the spoil pile. The operator was ejected from the cab of the hauler. Operator was a contract worker.
Reportable incidents
22 on file (excluding fatalities above)
2019 · 1 incident
May 21, 2019KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDTOOLS (NONPOWERED)
employee was changing pin with porta power. Pusher metal shot out, ricocheted off dozer and struck them in the face. They received 30 stitches for the wound.
While putting together a set of cutter chains and striking the pin with a hammer, the pin splintered and a piece of it struck employee in the right eye.
2012 · 2 incidents
May 12, 2012KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDTOOLS (NONPOWERED)
EE was driving a pin in the 16G grader, when he hit the pin with the sledge hammer a piece of the pin chipped off and went into his right upper arm.We took him to the doctor and the doctor told him to leave it in the arm no treatment needed.Then he went to a family Doctor he took it out 5-22-12 had 3 stitches He hasn't missed any work.
EE was lifting a 10HP cooling system pump motor in the BPM room when he felt something pull in his lower back we took him to the hospital Dr. said he was all right could go back to work. Started having more back Doctor took him off work on 2/7/12 did not meet the requirements to report till 2/7/12
Employee, was using a small pry bar to work on a piece of equipment. The bar slipped and struck him on his face near his mouth resulting in a laceration that required stitches.
April 22, 2010KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techPOWERED HAULAGE
EE was in the loader, another EE was directing him what to do. One EE told the other EE to push the dozer track over and gave him the motions to go ahead and do it. When it rolled over it landed on the EE's leg.
Employee was using a chain hoist to pull on the miner chain when the hoist came loose striking the employee on his right leg resulting in a fracture to the Fibula bone.
2009 · 3 incidents
October 6, 2009KY · Coalquality control technician, laboratory technician, laboratory assistantHANDLING OF MATERIALS
Driver lost control of tractor trailer when engine failed and he lost air pressure after restarting engine. Trailer went into ditch. Tractor rolled onto haul road. Driver visited ER on 10/08 and was treated for strained lumbar. Prescribed 2 days off work.
April 21, 2008KY · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerOTHER
An employee suffered a fatal heart attack while standing beside a Caterpiller D-10 dozer. Employee was found on the ground next to the track of the dozer. He was found at approximately 3:30 pm. The actual time of the heart attack is unknown but was probably within 15 to 20 minutes of the attack.
April 21, 2008KY · Coaldriller, highwall operator, highwall drill operatorMACHINERY
Employee was moving a highwall drill to a new location when one track ran over a rock in the roadway. When the drill crossed the rock it caused a sudden bounce to the employee. He was released from the medical facility with no restrictions to return to work. He returned to the medical facility on 4/25 and was taken off work because of swelling of the disk of the spine
Blasting a spillway ditch for a new pond when grass caught fire. The blast holes were 4" in diameter and 10 feet deep. The grass and leaf fire was extinguished in approximately one hour. There were no injuries and no equipment damage.
February 19, 2008KY · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDTOOLS (NONPOWERED)
EE was working in the warehouse. He stated he was placing a large torque wrench (61 lbs) on a bottom storage shelf. He stated that as he was lifting the wrench, the device twisted and he felt a sharp pain in his right forearm.
2007 · 2 incidents
July 19, 2007KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
The EE was cutting off the sideboard of a dozer blade. After making the cut, he struck the metal with a hammer to knock off the blade. The metal did not fall. He grabbed metal with hand and metal fell striking him on top of right foot behind the hard toe cap.
EE was assisting in changing 4 sections of 30 foot steel on an Ingerso Rand surface drill. One section was stuck and when it freed, it swung approx 4', striking the EE's right hand. It caught the middle and index fingers between the steel and the drill head. Amputation of the two fingers between 1st and 2nd joints.
2006 · 1 incident
July 12, 2006KY · Coalhaul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driverHANDLING OF MATERIALS
Employee was driving a coal truck & the tailgate of the truck popped open. He was trying to close it back, his ring finger on his right hand was smashed & cut. He was taken to the E.R. and had 20 stitches.