Mining Incidents

Smith Branch No. 1: 1 recorded fatality Coal

Controlled by Leonard Hendrickson
Mallie, Knott County, KY  ·  Abandoned
MSHA Mine ID: 1518917

Smith Branch No. 1 has $78K in proposed MSHA penalties and $28K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
1
Years on record
2006
Latest incident
Jul 2006
Compliance record
MSHA citations since 2005
66
citations
28
significant & substantial
$78,229
proposed penalties
$25,089
paid to date
32% of proposed penalties paid to date, a $53,140 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
38
inspections on record
853
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: 853 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Smith Branch No. 1 has $78K in proposed MSHA penalties and $28K outstanding across 2 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.
$78K
proposed penalties
$53K
current assessed
$25K
paid to date
$28K
outstanding
65 assessments are final orders; 2 contested dockets.
Of $65K in penalties contested before the Commission, $40K was upheld in final decisions.
As of the most recent assessment on 2013-07-03.
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.
43.1%
significant & substantial
3.1%
high negligence or reckless
43.1%
reasonably likely or greater
6.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.1% low, 93.8% moderate, 3.1% 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.
3 citations taken to the federal commission · 5% of citations on record
  • Settled 3 · 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%
39%
Penalty reduction in decided contests
$65K proposed, $40K 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 2013-07-02.
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 2008-56 Settlement Feldman 2013 $62K → $37K
KENT 2013-908 Settlement Simonton 2014 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Smith Branch No. 1 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: 2013-06-27, 13 years ago
100%
within 1.5 mg/m3
41
samples
0.40
dust max (mg/m3)
41 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE9
  • BACKHOE OPERATOR8
  • HIGHLIFT OPERATOR/FRONT END LOADER7

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: 2013-02-07, 13 years ago
0%
over PEL
23
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE6
  • BULLDOZER OPERATOR5
  • HIGHLIFT OPERATOR/FRONT END LOADER5
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% 3
2010 100% 6
2008 100% 13
2007 100% 10
2006 100% 5
2005 100% 4
Noise by year
Year over PEL samples
2013 0% 1
2010 0% 5
2008 0% 9
2007 0% 5
2006 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Hendrickson Equipment INC 2005 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)
2011 4 2,048
2010 8 17,792
2009 8 17,135
2008 8 33,439
2007 8 40,129
2006 9 37,316
2005 7 12,595
Source: MSHA quarterly employment and production, updated weekly.

Smith Branch No. 1 sits in Knott County, Kentucky, where the Census mining category is 2.8% 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.
Knott County, Kentucky · Population 14,046
2.8%
Mining share of county employment
$37,736
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
2011 Q4 1,700 0 0 0.0
2011 Q2 1,217 0 0 0.0
2011 Q1 2,031 0 0 0.0
2010 Q4 4,245 0 0 0.0
2010 Q3 2,394 1 0 417.7
2010 Q2 1,195 1 0 836.8
2009 Q4 360 0 0 0.0
2009 Q3 1,745 0 0 0.0
Show 15 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q2 3,636 3 0 825.1
2009 Q1 3,101 1 0 322.5
2008 Q4 5,001 3 0 599.9
2008 Q3 3,920 10 7 2551.0
2008 Q2 1,363 0 0 0.0
2008 Q1 3,882 13 5 3348.8
2007 Q4 4,413 0 0 0.0
2007 Q3 4,803 3 0 624.6
2007 Q2 3,674 0 0 0.0
2007 Q1 3,924 3 0 764.5
2006 Q4 4,320 3 3 694.4
2006 Q3 1,600 3 1 1875.0
2006 Q2 560 8 5 14285.7
2006 Q1 520 0 0 0.0
2005 Q4 2,440 2 1 819.7

Fatalities at this mine

1 recorded