S-25 Foresters Spur has $442K in proposed MSHA penalties and $159K outstanding across 28 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
36
Years on record
1989–2013
Latest incident
Sep 2013
Compliance record
MSHA citations since 2000
320
citations
80
significant & substantial
$441,631
proposed penalties
$86,642
paid to date
20% of proposed penalties paid to date, a $354,989 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.
320 citations across 4,159 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: 2012-10-31.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.
S-25 Foresters Spur has $442K in proposed MSHA penalties and $159K outstanding across 28 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.
$442K
proposed penalties
$245K
current assessed
$87K
paid to date
$159K
outstanding
305 assessments are final orders; 28 contested dockets.
Of $514K in penalties contested before the Commission, $207K was upheld in final decisions.
As of the most recent assessment on 2017-08-28.
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.
88citations taken to the federal commission · 28% of citations on record
Settled
83 · 94%
Vacated or withdrawn
5 · 6%
81%
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 43 decided S&S contests · industry: 79%
60%
Penalty reduction in decided contests
$514K 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 2017-11-14.
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-25 Foresters Spur shows 99% of 476 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: 2017-09-07, 8 years ago
99%
within 1.5 mg/m3
476
samples
3.50
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.
237 samples taken by MSHA inspectors, 239 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-25 Foresters Spur recorded 0.00 reportable injury cases per 100 full-time workers in 2017.
Injury rate, 2017
ⓘ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 2.48 cases per 100 workers.
In Kentucky, coal mining averaged 4.33 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
2017 *
0.00
0.00
0.000
2016 *
0.00
0.00
0.000
2015 *
0.00
0.00
0.000
2014
0.00
0.00
0.000
2013
1.90
1.90
0.000
2012
2.54
2.54
0.000
2011
4.27
4.27
0.000
2010
3.86
3.86
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)
2018
3
2017
8
18,256
2016
18
178,823
2015
22
193,541
2014
77
463,790
2013
85
554,488
2012
88
535,687
2011
77
371,287
2010
70
347,623
2009
57
266,628
2008
52
311,508
2007
60
355,305
2006
53
358,478
2005
42
333,206
2004
36
338,128
2003
27
266,237
2002
24
215,380
2001
25
181,452
2000
23
162,354
Source: MSHA quarterly employment and production, updated weekly.
S-25 Foresters Spur 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
2018 Q1
2,053
0
0
0.0
2017 Q4
2,053
0
0
0.0
2017 Q3
3,132
1
0
319.3
2017 Q2
3,933
0
0
0.0
2017 Q1
12,498
8
0
640.1
2016 Q4
17,498
0
0
0.0
2016 Q3
9,897
4
0
404.2
2016 Q2
10,262
8
1
779.6
Show 65 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2016 Q1
17,649
18
3
1019.9
2015 Q4
15,509
3
0
193.4
2015 Q3
5,389
5
4
927.8
2015 Q2
0
0
0
2015 Q1
33,069
0
0
0.0
2014 Q4
51,558
0
0
0.0
2014 Q3
50,388
2
1
39.7
2014 Q2
52,149
2
0
38.4
2014 Q1
52,790
9
0
170.5
2013 Q4
49,071
1
0
20.4
2013 Q3
48,960
12
4
245.1
2013 Q2
52,005
2
2
38.5
2013 Q1
60,769
0
0
0.0
2012 Q4
63,597
15
2
235.9
2012 Q3
56,188
12
3
213.6
2012 Q2
64,644
0
0
0.0
2012 Q1
51,909
10
5
192.6
2011 Q4
55,190
5
3
90.6
2011 Q3
61,764
12
6
194.3
2011 Q2
60,691
0
0
0.0
2011 Q1
56,514
10
0
176.9
2010 Q4
65,225
0
0
0.0
2010 Q3
49,658
13
4
261.8
2010 Q2
50,508
6
3
118.8
2010 Q1
42,072
3
1
71.3
2009 Q4
46,085
4
0
86.8
2009 Q3
40,569
4
1
98.6
2009 Q2
38,837
4
1
103.0
2009 Q1
37,893
7
0
184.7
2008 Q4
34,684
0
0
0.0
2008 Q3
35,061
1
0
28.5
2008 Q2
51,334
20
2
389.6
2008 Q1
43,906
7
3
159.4
2007 Q4
44,198
0
0
0.0
2007 Q3
42,207
17
0
402.8
2007 Q2
43,933
0
0
0.0
2007 Q1
42,648
7
2
164.1
2006 Q4
40,268
0
0
0.0
2006 Q3
34,977
9
0
257.3
2006 Q2
37,024
0
0
0.0
2006 Q1
32,351
5
0
154.6
2005 Q4
30,916
0
0
0.0
2005 Q3
27,307
4
0
146.5
2005 Q2
33,451
0
0
0.0
2005 Q1
28,851
1
0
34.7
2004 Q4
30,898
1
1
32.4
2004 Q3
26,537
2
0
75.4
2004 Q2
27,012
6
5
222.1
2004 Q1
23,858
0
0
0.0
2003 Q4
20,202
2
2
99.0
2003 Q3
16,522
0
0
0.0
2003 Q2
16,128
1
0
62.0
2003 Q1
16,864
0
0
0.0
2002 Q4
16,078
0
0
0.0
2002 Q3
15,361
0
0
0.0
2002 Q2
16,332
1
1
61.2
2002 Q1
15,054
3
1
199.3
2001 Q4
15,895
2
2
125.8
2001 Q3
16,187
0
0
0.0
2001 Q2
15,935
4
1
251.0
2001 Q1
14,681
0
0
0.0
2000 Q4
15,357
1
0
65.1
2000 Q3
14,206
0
0
0.0
2000 Q2
14,900
2
1
134.2
2000 Q1
15,284
0
0
0.0
No fatalities recorded at this mine.
Reportable incidents
36 on file
2013 · 2 incidents
September 12, 2013KY · Coaldrill operatorMACHINERY
Employee was pushing dirt with a D6 dozer and while going backwards he ran over a rock and hurt his shoulder. Employee went to the Dr., and was told he had a pulled muscle. The employee returned to work the following day. The employee continued to complain of pain in his shoulder and went back to the Dr, and has been put off work.
Employee was changing bit on the Highwall miner head and a rock became dislodged from the wall and hit the employee and knocked him into the miner head. The employee received a fractured right wrist and two fractured vertebrate.
Employee was shoveling the power head on the highwall miner, the miner was on a steep a grade and the beam he was standing on was wet and muddy. The employee slipped and when he tried to catch himself he pulled something in his back.
May 8, 2012KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techPOWERED HAULAGE
Employee was traveling up a hill in a pick-up truck and hit a large hole in the road. It shook the employee and caused whiplash. The employee was taken to the Harlan ARH. He has a bulging disc in his neck.
January 24, 2012KY · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerMACHINERY
Dozer was cleaning the highwall and over extended and material gave out and caused the dozer to slide and over turn one time. The operator was thrown in the floor and suffered five broke vertebrae, two broken ribs, punctured stomach, bruised intestines, cut on the ear, and a broken foot.
2011 · 5 incidents
December 9, 2011KY · Coalhaul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driverSLIP OR FALL OF PERSON
The employee was attempting to remove a crane from a mechanics truck when the two chains he was using one of them came off. This allowed the base of the crane to fall to the floor. The employee was then struck in the leg by the crane and received a compound fracture to the right leg.
July 13, 2011KY · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorSLIP OR FALL OF PERSON
The operator was climbing down off of his loader and stepped into a hole. When he did it twisted his back and hip. He continued to work until 08/23/2011 when the doctor he went to see put him off work for therapy. Again he did not get put off work until 08/23/2011.
The employee came down a ladder when the bottom kicked out, causing him to fall and strike his head on concrete floor. The doctor said he had a concussion.
April 8, 2011KY · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanMACHINERY
The employee was pressure washing and he brought the wand in front of his body when it caught on his rain suit. Then the wand sprayed 180 degree water into his rubber boot. This blistered the top of his left foot.
There had been a small shower and the road was slick. The water truck driver started out from the pond and up the hill. He had almost got to the top of the hill when the truck spun out. Then the truck went backwards down the hill about 130 feet. The truck went up the spoil on the driver side and turned over onto the passenger side of the truck.
The employee had a come-along hooked to the nose cone of the dozer then was releasing the come-along and there was more slack came in the come-along than expected. The employee tried to get out of the way and to stop the nose cone but was unable. The nose cone rested against his leg and the blade. It had his leg until they jacked the nose cone back off.
May 12, 2010KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSLIP OR FALL OF PERSON
The employee was attempting to get out of his truck and stepped down to the step on the fuel tank. His boots being muddy his foot slipped and his tail bone hit the fuel tank. He didn't go to the doctor for a couple of weeks till his neck started hurting him. He has not missed any work from 5/12/10 to 12/6/10. The doctor wants him off till after he recovers from the surgery.
The employee was airing up a two piece rim for a mack truck. The rim broke and struck the employee in the upper part of his left arm, this broke his arm.
It had rained and the employee was climbing down from the service truck when he got his foot tangled up in a chain and slipped and fell. He landed on his hip. It was also muddy since it had rained.
Operator had truck in too high of a gear and tried to downshift on the hill. He was properly trained by an experienced operator on this truck. The miner only received some scratches and bruises.
2007 · 3 incidents
October 22, 2007KY · Coalblaster, shooter, shotfirer, explosive worker, powder gang/monkeySLIP OR FALL OF PERSON
Employee was climbing into powder truck cab when he slipped and fell backwards. Employee tried to catch himself with his right hand. Broke bone in hand.
September 22, 2007KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
EMPLOYEE SAID HE HURT HIS STOMACH THREE OR FOUR WEEKS AGO WHILE WORKING ON EQUIPMENT. HE HAD BEEN PULLING WHILE WORKING ON TRUCK TODAY WHEN HE SUDDENLY COLLASPED IN PAIN.
April 24, 1999KY · Coalhaul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driverHANDLING OF MATERIALS
DRIVING COAL CHISEL BETWEEN TWO PIECES METAL WITH SLEDGE HAMMER CHISEL FLEW OUT HITTING ME ABOVE EYE R ESULTING IN CUT THAT REQUIRED 4 STITCHES TO CLOSE WOUND ALSO BROKE NOSE