Mining Incidents

Smith No. 1 Mine: 1 recorded fatality Coal

Controlled by J Clifford Forrest III
Shelocta, Armstrong County, PA  ·  Abandoned
MSHA Mine ID: 3608065

Smith No. 1 Mine has $66K in proposed MSHA penalties and $0 outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
27
Years on record
1990–2011
Latest incident
Apr 2011
Compliance record
MSHA citations since 2000
90
citations
42
significant & substantial
$65,951
proposed penalties
$48,895
paid to date
74% of proposed penalties paid to date, a $17,056 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
117
inspections on record
2,980
inspection hours
3.0
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.
90 citations across 2,980 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.
1
Section 107(a) orders
Most recent order: 2010-08-07.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Smith No. 1 Mine has $66K in proposed MSHA penalties and $0 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.
$66K
proposed penalties
$49K
current assessed
$49K
paid to date
$0
outstanding
82 assessments are final orders; 9 contested dockets.
Of $45K in penalties contested before the Commission, $28K was upheld in final decisions.
As of the most recent assessment on 2012-05-03.
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.
49.4%
significant & substantial
4.8%
high negligence or reckless
48.8%
reasonably likely or greater
38.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 21.4% low, 73.8% moderate, 4.8% 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.
13 citations taken to the federal commission · 14% of citations on record
  • Settled 8 · 62%
  • Stood as issued 5 · 38%
89%
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 9 decided S&S contests · industry: 79%
41%
Penalty reduction in decided contests
$41K proposed, $25K 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 2011-05-03.
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
PENN 2006-274 Settlement Lesnick 2007 $34K → $20K
PENN20020201 Settlement Feldman 2003 $4K → $4K
PENN 2011-21 Dismissal Harner 2012 $3K → $2K
PENN 2006-30 Settlement Lesnick 2006 $2K → $350
PENN 2011-313 Settlement Andrews 2013 $1K → $1K
PENN 2008-102 Default Lesnick 2009 $784 → $784
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Smith No. 1 Mine shows 98% of 397 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: 2012-11-20, 13 years ago
98%
within 1.5 mg/m3
397
samples
5.81
dust max (mg/m3)
326 samples taken by MSHA inspectors, 71 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR116
  • HIGHLIFT OPERATOR/FRONT END LOADER105
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE64

Silica (quartz)

Last sampled: 2010-07-13, 16 years ago
18.6
silica avg (%)
22
samples
43.7
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • HIGHWALL DRILL OPERATOR5
  • HIGHWALL DRILL HELPER4

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: 2012-11-20, 13 years ago
4%
over PEL
165
samples
Most-sampled occupations
  • BULLDOZER OPERATOR57
  • HIGHLIFT OPERATOR/FRONT END LOADER48
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE29
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
2012 100% 14
2011 97% 29
2010 96% 27
2009 98% 56
2008 96% 28
2007 100% 21
2006 97% 38
2005 100% 31
2004 100% 36
2003 100% 26
2002 100% 15
2001 100% 33
2000 98% 43
Silica (quartz) by year
Year silica avg (%) samples
2010 7.4 1
2009 18.1 2
2008 12.7 4
2006 18.0 4
2005 14.5 1
2003 24.5 3
2001 36.8 2
2000 16.5 5
Noise by year
Year over PEL samples
2012 0% 7
2011 0% 13
2009 0% 25
2008 0% 14
2006 6% 18
2005 0% 18
2004 0% 13
2003 0% 16
2002 0% 13
2001 33% 9
2000 16% 19
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Smith No. 1 Mine recorded 8.01 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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.
8.01
total case rate
8.01
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Pennsylvania, coal mining averaged 4.31 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
2011 * 8.01 8.01 0.000
2010 * 0.00 0.00 0.000
2009 * 20.82 10.41 0.000
2008 * 11.01 3.67 0.000
2007 * 11.05 3.68 0.000
2006 * 0.00 0.00 0.000
2005 * 6.83 6.83 3.415
2004 * 13.20 6.60 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. Thomas J. Smith, Inc. 1988 to 2010
  2. Rosebud Mining Company 2011 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 0
2012 3 84,979
2011 11 126,661
2010 22 209,280
2009 23 222,303
2008 22 244,756
2007 21 277,094
2006 23 310,087
2005 24 294,852
2004 24 294,223
2003 24 250,402
2002 23 298,863
2001 21 281,785
2000 20 271,770
Source: MSHA quarterly employment and production, updated weekly.

Smith No. 1 Mine sits in Armstrong County, Pennsylvania, where the Census mining category is 2.2% 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.
Armstrong County, Pennsylvania · Population 65,069
2.2%
Mining share of county employment
$64,295
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 Q1 0 0 0
2012 Q4 1,796 0 0 0.0
2012 Q3 1,934 0 0 0.0
2012 Q2 1,918 1 0 521.4
2012 Q1 3,033 1 0 329.7
2011 Q4 3,973 0 0 0.0
2011 Q3 4,105 2 0 487.2
2011 Q2 7,933 0 0 0.0
Show 45 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q1 8,972 6 3 668.7
2010 Q4 13,600 0 0 0.0
2010 Q3 14,375 7 3 487.0
2010 Q2 13,982 0 0 0.0
2010 Q1 13,538 0 0 0.0
2009 Q4 14,430 2 1 138.6
2009 Q3 14,351 10 6 696.8
2009 Q2 14,800 0 0 0.0
2009 Q1 14,062 7 5 497.8
2008 Q4 13,911 0 0 0.0
2008 Q3 12,940 3 1 231.8
2008 Q2 13,677 0 0 0.0
2008 Q1 13,967 4 2 286.4
2007 Q4 13,612 0 0 0.0
2007 Q3 13,277 3 2 226.0
2007 Q2 13,637 0 0 0.0
2007 Q1 13,775 0 0 0.0
2006 Q4 13,434 1 0 74.4
2006 Q3 14,374 2 0 139.1
2006 Q2 15,077 2 2 132.7
2006 Q1 15,518 0 0 0.0
2005 Q4 14,061 2 1 142.2
2005 Q3 14,654 1 0 68.2
2005 Q2 15,408 3 0 194.7
2005 Q1 14,440 3 0 207.8
2004 Q4 14,631 3 0 205.0
2004 Q3 15,407 4 3 259.6
2004 Q2 15,387 2 1 130.0
2004 Q1 15,162 0 0 0.0
2003 Q4 16,083 2 0 124.4
2003 Q3 15,809 4 3 253.0
2003 Q2 15,107 2 0 132.4
2003 Q1 14,823 0 0 0.0
2002 Q4 14,671 0 0 0.0
2002 Q3 13,660 0 0 0.0
2002 Q2 13,455 1 0 74.3
2002 Q1 14,266 0 0 0.0
2001 Q4 13,424 3 3 223.5
2001 Q3 13,535 0 0 0.0
2001 Q2 13,684 1 0 73.1
2001 Q1 13,745 0 0 0.0
2000 Q4 13,390 0 0 0.0
2000 Q3 13,189 0 0 0.0
2000 Q2 13,222 2 1 151.3
2000 Q1 12,942 1 0 77.3

Fatalities at this mine

1 recorded
August 18, 2005 PA · Coal outside foreman, leadman Fatality · MACHINERY
Thomas J. Smith, Inc. · Struck against a moving object

Employee was clearing trees on top of an embankment with a caterpillar d5m lgp bulldozer when the bulldozer went over the embankment coming to rest on its side.

Reportable incidents

26 on file (excluding fatalities above)

2011 · 1 incident

April 4, 2011 PA · Coal welder (shop) SLIP OR FALL OF PERSON
Rosebud Mining Company · Fall onto or against objects

EMPLOYEE WAS CONDUCTING WELDING ON 992C IT STARTED TO RAIN HE ENTERED TRUCK BED OF SERVICE TRUCK TO GET A TARP FROM TOOL BOX AS HE WALKED AROUND FRONT OF WELDER HE SLIPPED AND FELL STRIKING A LADDER LAYING ON THE LEFT SIDE OF THE BED A METAL TAB OF LADDER CAUGHT HIM ON LEFT SIDE

2009 · 6 incidents

October 23, 2009 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Thomas J. Smith, Inc. · Struck against a moving object

Employee was operating FEL and while prying rock with the bucket the bucket slipped off of the rock thus bouncing the FEL and permitting the employee's hand to strike against the CB causing a laceration. Employee did not miss any work however he did receive sutures therefore making this report a medical.

August 14, 2009 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
Thomas J. Smith, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was exiting Caterpillar 777 rock truck and as he was placing his foot on the ground he experienced pain in left elbow. Employee continued to work until Tuesday, August 18, 2009 at which time he started missing work thus making this reportable. Medical diagnosis was determined as tendonitis.

June 9, 2009 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Thomas J. Smith, Inc. · Fall from machine

Employee was descending ladder on a Caterpillar 980G when his foot slipped permitting employee to fall approximately four feet (4') thus injuring his lower right leg.

February 7, 2009 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Thomas J. Smith, Inc. · Struck by... (Not Elsewhere Classified)

Employee was going to work on the shanks of a Caterpillar 992 FEL. As the bucket was rolled over to gain access to shanks, a chunk of frozen material dislodged from within the deepest part of bucket, striking employee.

January 8, 2009 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Thomas J. Smith, Inc. · Fall to the walkway or working surface

Employee was walking towards company truck on snow covered terrain when he slipped and fell striking right rib area on the ground. Employee tried working the following day however he had to return home thus making this an lost time accident.

January 6, 2009 PA · Coal outside foreman, leadman HANDTOOLS (NONPOWERED)
Thomas J. Smith, Inc. · Struck by flying object

Employee was sledging on a ripper tooth, when a piece of the tooth broke off, entering lower left leg. Employee did not miss any work, however; he did seek medical treatment, which makes this a reportable accident.

2008 · 3 incidents

September 19, 2008 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Thomas J. Smith, Inc. · Struck by... (Not Elsewhere Classified)

Employee was changing out a bottom roller on tracks when the pick that was resting on rock split permitting push arm down on employee's lower back.

September 2, 2008 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Thomas J. Smith, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was descending the ladder on a Caterpillar 992 at the end of his working shift. As he stepped onto the ground level with his left foot his ankle rolled thus injuring the outside part of his left foot. Employee continued to work until 09/12/2008 at which time this became a lost time accident.

March 10, 2008 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Thomas J. Smith, Inc. · Fall to the walkway or working surface

Employee was walking over to the opposite side of his D-11 R dozer to show his supervisor where a roller cap bolt was broken, when the employee slipped on some ice that had just been covered over with a newly fallen snow fall. Employee did not miss any work, however he received a prescription that makes this report medical.

2007 · 3 incidents

December 11, 2007 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Thomas J. Smith, Inc. · Fall onto or against objects

Employee was going up push arm steps to enter the operator's compartment. As he was doing so his right foot slipped on step thus permitting his body to shift allowing his head to strike on the push arm.

May 14, 2007 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Thomas J. Smith, Inc. · Absorption of radiations, caustics, toxic and noxious substances

Employee was helping co-worker change out the tool cylinder on a Gradall. The pressure on the hydraulics was released and the employee started taking the hydraulic connections apart when some hydraulic oil splashed into both eyes. Employee did not miss any work but did get medical attention that made this reportable.

March 16, 2007 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Thomas J. Smith, Inc. · Struck by... (Not Elsewhere Classified)

The injured employee and a co-worker were prying a piece of rock with a rock bar off the push arm of a dozer when the rock rolled back on the rock bar thus causing the rock bar to come out of employee's grasp permitting the rock bar to come down on shin causing a laceration. Employee did not miss any work however he did receive 9 sutures.

2005 · 2 incidents

September 28, 2005 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Thomas J. Smith, Inc. · Struck against a moving object

WHILE EMPLOYEE WAS OPERATING A BULLDOZER HE EXPERIENCED PAIN DOWN HIS LEFT ARM. EMPLOYEE CONTINUED WORKING UNTIL 10/17/05 AT SUCH TIME HE STARTED MISSING WORK DUE TO THIS ACCIDENT.

2004 · 4 incidents

July 21, 2004 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Thomas J. Smith, Inc. · Struck by falling object

EMPLOYEE WAS EXTRACTING COAL WITH THE GRADALL IN THE CORNER AREA OF THE PIT WHEN THE HIGH WALL SUDDENLY GAVE WAY COMING DOWN ON PART OF THE GRADALL.

July 14, 2004 PA · Coal outside foreman, leadman SLIP OR FALL OF PERSON
Thomas J. Smith, Inc. · Fall onto or against objects

WHILE EE WAS DRAGGING DISCHARGE HOSE THE HOSE GOT CAUGHT ON A ROCK. HE GAVE IT ANOTHER PULL ON HOSE AND HOSE BROKE FREE OF ROCK THUS PERMITTING EE TO FALL ON ROCKS LACERATING THUMB. EE RECEIVED 7 SUTURES MAKING THIS A MEDICAL REPORT.

January 22, 2004 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
Thomas J. Smith, Inc. · Over-exertion (Not Elsewhere Classified)

WHILE PERFORMING HIS NORMAL DUTIES AS A HEAVY EQUIPMENT OPERATOR, EMPLOYEE EXPERIENCED PAIN/TINGLING IN BOTH HANDS/WRISTS. DIAGNOSED WITH CARPAL TUNNEL SYNDROME. EMPLOYEE CONTINUED WORKING UNT IL 1/22/04 AT WHICH TIME HE WENT OFF TO HAVE SURGERY.

January 7, 2004 PA · Coal

EE WAS CLIMBING UP ONTO LOADER-SLIPPED AND TWISTED RIGHT KNEE RETURNED TO WORK THE NEXT WORKING DAY 1-9-04 BUT STARTED MISSING WORK ON 1-9-04 THUS MAKING THIS A LOST TIME ACCIDENT.

2003 · 3 incidents

September 29, 2003 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech

EE WAS TURNING A METAL PLATE OVER WHEN HE EXPERIENCED PAIN IN LEFT SHOULDER.

August 21, 2003 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Thomas J. Smith, Inc. · Struck against a moving object

EE HAD BACKED HIS TRUCK UP TO EDGE OF DUMP SITE AND AS HE WAS RAISING HIS BED THE TRUCK SLID ON DUMP SITE PERMITTING TRUCK TO DROP OFF THE EDGE APPROXIMATELY 25 FEET.

March 7, 2003 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Thomas J. Smith, Inc. · Fall from machine

EE HAD JUST COMPLETED FILLING FUEL TANK IN THE BED OF THE PIT SUPERVISOR'S PICK UP TRUCK. AS HE STEPPED OVER THE TAIL GATE TO GET DOWN-HIS FOOT SLIPPED IN THE MUDDY CONDITIONS THUS FALLING . JOB #21

2002 · 1 incident

June 11, 2002 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Thomas J. Smith, Inc. · Caught in, under or between (Not Elsewhere Classified)

EE WAS WORKING ON A HEATER FAN (TROUBLE SHOOTING) ON A D-4 DOZER WHEN HE INADVERTENTLY GOT HIS RIGHT RING FINGER CAUGHT IN FAN BLADE.

1997 · 1 incident

September 20, 1997 PA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer OTHER
Thomas J. Smith, Inc. · Caught in, under or between (Not Elsewhere Classified)

WHILE EE WAS PREFORMING HIS NORMAL DUTIES AS AN EQUIPMENT OPERATOR, THE EE EXPERIENCED CHEST PAINS. [OCCUPATIONAL ILLNESS]

1993 · 1 incident

June 7, 1993 PA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman FALLING/SLIDING/ROLLING MATERIALS
Thomas J. Smith, Inc. · Struck by... (Not Elsewhere Classified)

INJURED HA DFINISHED MULCHING A TOP SOIL PILE AND WAS WALKING TO HIS TRUCK. A BALL OF CLAY ROLLE DOFF THE SPOIL PILE AND HIT HIM ON THE RIGHT KNEE.

1990 · 1 incident