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.
319 citations across 2,917 inspection hours.
Source: MSHA inspections data, updated weekly.
Timber Tree #9 has $125K in proposed MSHA penalties and $0 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.
$125K
proposed penalties
$91K
current assessed
$91K
paid to date
$0
outstanding
310 assessments are final orders; 28 contested dockets.
Of $117K in penalties contested before the Commission, $63K was upheld in final decisions.
As of the most recent assessment on 2012-09-26.
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.
99citations taken to the federal commission · 31% of citations on record
Settled
96 · 97%
Vacated or withdrawn
3 · 3%
75%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 56 decided S&S contests · industry: 79%
46%
Penalty reduction in decided contests
$117K proposed, $63K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2013-05-21.
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 Timber Tree #9 shows 98% of 236 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: 2012-05-02, 14 years ago
98%
within 1.5 mg/m3
236
samples
3.10
dust max (mg/m3)
122 samples taken by MSHA inspectors, 114 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.
Timber Tree #9 recorded 23.13 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.
23.13
total case rate
11.57
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 Kentucky, coal mining averaged 4.28 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 *
23.13
11.57
0.000
2009 *
0.00
0.00
0.000
2008 *
0.00
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.
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)
2012
17
24,387
2011
21
78,411
2010
6
6,308
2009
18
56,270
2008
16
65,297
2007
12
18,135
2006
2
Source: MSHA quarterly employment and production, updated weekly.
Timber Tree #9 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
2012 Q3
1,863
5
2
2683.8
2012 Q2
8,439
15
2
1777.5
2012 Q1
9,352
57
13
6095.0
2011 Q4
9,341
20
6
2141.1
2011 Q3
9,051
11
1
1215.3
2011 Q2
9,386
28
6
2983.2
2011 Q1
6,802
11
2
1617.2
2010 Q4
550
0
0
0.0
Show 16 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2010 Q3
700
1
0
1428.6
2010 Q2
650
2
2
3076.9
2010 Q1
6,678
12
0
1796.9
2009 Q4
6,773
13
0
1919.4
2009 Q3
8,117
12
3
1478.4
2009 Q2
8,564
10
0
1167.7
2009 Q1
9,200
22
6
2391.3
2008 Q4
8,409
18
2
2140.6
2008 Q3
7,962
27
4
3391.1
2008 Q2
10,129
23
5
2270.7
2008 Q1
1,956
2
1
1022.5
2007 Q4
928
0
0
0.0
2007 Q3
3,048
11
5
3608.9
2007 Q2
6,169
16
4
2593.6
2007 Q1
2,503
0
0
0.0
2006 Q4
326
0
0
0.0
Fatalities at this mine
1 recorded
March 3, 2012KY · Coalbull gang foreman, labor foreman, leadman, section foreman, shift bossFatality · HANDLING OF MATERIALS