Mining Incidents

S-29 Cave Branch: 22 MSHA citations Coal

Blackjewel L.L.C. · Surface
Controlled by Jeffery A Hoops
Cumberland, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519798

S-29 Cave Branch has $4K in proposed MSHA penalties and $3K outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
2016–2017
Latest incident
Dec 2017
Compliance record
MSHA citations since 2016
22
citations
3
significant & substantial
$3,677
proposed penalties
$228
paid to date
6% of proposed penalties paid to date, a $3,449 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2016
19
inspections on record
543
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: 543 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

S-29 Cave Branch has $4K in proposed MSHA penalties and $3K 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.
$4K
proposed penalties
$3K
current assessed
$228
paid to date
$3K
outstanding
22 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 2017-11-09.
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.
13.6%
significant & substantial
0.0%
high negligence or reckless
13.6%
reasonably likely or greater
4.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 36.4% low, 63.6% 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.
18 citations taken to the federal commission · 82% of citations on record
  • Settled 18 · 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 3 decided S&S contests · industry: 79%
10%
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 2018-06-25.
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 2017-0084 Settlement Gill 2017 $2K → $1K
KENT 2018-0075 Settlement Paez 2018 $706 → $706
KENT 2017-0295 Settlement Paez 2017 $387 → $387
KENT 2018-0057 Settlement McCarthy 2018 $348 → $348
KENT 2018-0324 Settlement Paez 2018 $326 → $326
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at S-29 Cave Branch shows 100% of 41 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: 2017-11-13, 8 years ago
100%
within 1.5 mg/m3
41
samples
1.21
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.
26 samples taken by MSHA inspectors, 15 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR17
  • HIGHWALL DRILL OPERATOR10
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5

Silica (quartz)

Last sampled: 2017-10-31, 8 years ago
14.8
silica avg (%)
3
samples
26.4
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR3

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: 2017-10-24, 8 years ago
0%
over PEL
25
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER7
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE6
  • BULLDOZER OPERATOR5
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
2017 100% 32
2016 100% 9
Silica (quartz) by year
Year silica avg (%) samples
2017 9.1 2
2016 26.4 1
Noise by year
Year over PEL samples
2017 0% 20
2016 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

S-29 Cave Branch recorded 0.00 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.
0.00
total case rate
0.00
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.
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
2018 * 0.00 0.00 0.000
2017 * 2.45 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.
Ownership history
  1. Blackjewel L.L.C. 2016 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)
2019 0
2018 7 5,125
2017 28 291,343
2016 22 107,891
Source: MSHA quarterly employment and production, updated weekly.

S-29 Cave Branch 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
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 2,801 0 0 0.0
2018 Q1 17,595 0 0 0.0
2017 Q4 17,595 7 0 397.8
2017 Q3 17,765 3 0 168.9
2017 Q2 23,084 0 0 0.0
Show 3 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q1 23,080 2 1 86.7
2016 Q4 22,946 2 0 87.2
2016 Q3 5,267 7 2 1329.0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2017 · 1 incident

December 8, 2017 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Blackjewel L.L.C. · Struck against a moving object

EE was digging in a shot, hit a rock causing loader to jerk unexpectedly & twisted EE's lower back.

2016 · 1 incident

September 29, 2016 KY · Coal forklift operator POWERED HAULAGE
Blackjewel L.L.C. · Struck by falling object

While working on a track on H9 HWM the fork loader set fork down on top of the track. There was a slate bar laying on the track, when the fork hit the slate bar. It came up and struck employee in the mouth/bottom lip area.