Mining Incidents

S-9 Findlay Br: 77 MSHA citations Coal

Controlled by Jeffery A Hoops
Gulnare, Pike County, KY  ·  Abandoned
MSHA Mine ID: 1519451

S-9 Findlay Br has $33K in proposed MSHA penalties and $912 outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2011–2012
Latest incident
Jan 2012
Compliance record
MSHA citations since 2011
77
citations
28
significant & substantial
$32,510
proposed penalties
$21,134
paid to date
65% of proposed penalties paid to date, a $11,376 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
15
inspections on record
685
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: 685 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-9 Findlay Br has $33K in proposed MSHA penalties and $912 outstanding across 9 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.
$33K
proposed penalties
$22K
current assessed
$21K
paid to date
$912
outstanding
77 assessments are final orders; 9 contested dockets.
Of $19K in penalties contested before the Commission, $8K was upheld in final decisions.
As of the most recent assessment on 2013-04-08.
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.
36.4%
significant & substantial
0.0%
high negligence or reckless
36.4%
reasonably likely or greater
36.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.0% low, 87.0% 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 · 23% 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 12 decided S&S contests · industry: 79%
56%
Penalty reduction in decided contests
$19K proposed, $8K 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 2012-12-07.
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 2013-274 Settlement Andrews 2017 $13K → $5K
KENT 2012-1273 Settlement Harner 2013 $3K → $362
KENT 2011-877 Settlement Lesnick 2011 $672 → $504
KENT 2012-1023 Settlement Harner 2013 $624 → $624
KENT 2011-1273 Settlement Lesnick 2012 $448 → $336
KENT 2012-450 Settlement Lesnick 2012 $448 → $315
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at S-9 Findlay Br shows 100% of 42 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: 2013-04-03, 13 years ago
100%
within 1.5 mg/m3
42
samples
0.53
dust max (mg/m3)
42 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER11
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE10
  • BULLDOZER OPERATOR9

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: 2012-10-11, 13 years ago
9%
over PEL
22
samples
Most-sampled occupations
  • BULLDOZER OPERATOR11
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5
  • HIGHLIFT OPERATOR/FRONT END LOADER3
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
2013 100% 7
2012 100% 14
2011 100% 21
Noise by year
Year over PEL samples
2012 0% 7
2011 13% 15
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

S-9 Findlay Br recorded 0.00 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
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 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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
2013 * 0.00 0.00 0.000
2012 1.81 1.81 0.000
2011 * 5.04 2.52 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. LCC Kentucky LLC 2009 to 2012
  2. Revelation Energy, LLC 2012 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)
2013 19 232,611
2012 35 526,048
2011 38 376,869
2010 7
Source: MSHA quarterly employment and production, updated weekly.

S-9 Findlay Br sits in Pike County, Kentucky, where the Census mining category is 5.1% 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.
Pike County, Kentucky · Population 57,466
5.1%
Mining share of county employment
$42,179
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
2013 Q4 0 0 0
2013 Q3 866 0 0 0.0
2013 Q2 19,442 1 0 51.4
2013 Q1 26,011 0 0 0.0
2012 Q4 26,480 7 1 264.4
2012 Q3 26,759 0 0 0.0
2012 Q2 34,087 2 2 58.7
2012 Q1 23,470 5 1 213.0
Show 8 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q4 21,261 7 2 329.2
2011 Q3 22,389 0 0 0.0
2011 Q2 20,841 8 4 383.9
2011 Q1 14,892 4 3 268.6
2010 Q4 6,880 0 0 0.0
2010 Q3 160 0 0 0.0
2010 Q2 0 0 0
2010 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2012 · 1 incident

January 18, 2012 KY · Coal superintendent SLIP OR FALL OF PERSON
LCC Kentucky LLC · Fall onto or against objects

Injured was stepping down the steps of a 992G front end loader when the injured stepped on the steps and fell and landed on the counter weight of the loader.

2011 · 2 incidents

October 25, 2011 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
LCC Kentucky LLC · Struck against a moving object

Injured was driving 777C rock truck, when he hit a pot hole in roadway. His body left the seat when his body came back down in seat, the seat bottomed out. Injured stated he had pain in lower back.

May 5, 2011 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
LCC Kentucky LLC · Struck against a moving object

Injured was pushing dirt and rock with a dozer, dozer ran on a rock, dozer hit the ground solid, when dozer came off rock. Injured cracked rib on left side. This accident was reported to management on 5/12/11.