Mining Incidents

Turkey Branch: 265 MSHA citations Coal

Controlled by Thomas R Hamilton
Stoney Fork, Leslie County, KY  ·  Abandoned
MSHA Mine ID: 1518996

Turkey Branch has $67K in proposed MSHA penalties and $11K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
13
Years on record
2006–2011
Latest incident
Aug 2011
Compliance record
MSHA citations since 2006
265
citations
106
significant & substantial
$67,154
proposed penalties
$47,871
paid to date
71% of proposed penalties paid to date, a $19,283 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
27
inspections on record
978
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: 978 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Turkey Branch has $67K in proposed MSHA penalties and $11K outstanding across 8 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.
$67K
proposed penalties
$59K
current assessed
$48K
paid to date
$11K
outstanding
263 assessments are final orders; 8 contested dockets.
Of $28K in penalties contested before the Commission, $20K was upheld in final decisions.
As of the most recent assessment on 2011-12-02.
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.
40.2%
significant & substantial
0.4%
high negligence or reckless
40.5%
reasonably likely or greater
4.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.5% low, 84.1% moderate, 0.4% 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.
68 citations taken to the federal commission · 26% of citations on record
  • Settled 66 · 97%
  • Vacated or withdrawn 2 · 3%
57%
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 14 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$28K proposed, $20K 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 2012-01-23.
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 2011-1104 Settlement Zielinski 2012 $11K → $7K
KENT 2011-1540 Settlement Moran 2013 $7K → $5K
KENT 2008-1356 Settlement Feldman 2010 $5K → $3K
KENT 2009-44 Settlement Paez 2010 $2K → $1K
KENT 2009-1503 Settlement Rae 2010 $1K → $1K
KENT 2008-1357 Settlement Rae 2012 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Turkey Branch shows 100% of 104 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: 2011-12-02, 14 years ago
100%
within 1.5 mg/m3
104
samples
0.91
dust max (mg/m3)
81 samples taken by MSHA inspectors, 23 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR39
  • HIGHWALL DRILL OPERATOR25
  • HIGHLIFT OPERATOR/FRONT END LOADER22

Silica (quartz)

Last sampled: 2011-12-09, 14 years ago
27.4
silica avg (%)
6
samples
37.9
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • HIGHWALL DRILL OPERATOR1

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: 2011-12-02, 14 years ago
2%
over PEL
62
samples
Most-sampled occupations
  • BULLDOZER OPERATOR19
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE15
  • HIGHWALL DRILL OPERATOR14
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
2011 100% 17
2010 100% 20
2009 100% 21
2008 100% 24
2007 100% 17
2006 100% 5
Silica (quartz) by year
Year silica avg (%) samples
2011 25.8 1
2009 24.1 3
2008 33.1 2
Noise by year
Year over PEL samples
2011 7% 15
2010 0% 5
2009 0% 10
2008 0% 14
2007 0% 14
2006 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Turkey Branch recorded 10.40 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.
10.40
total case rate
10.40
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 * 10.40 10.40 0.000
2010 3.58 3.58 0.000
2009 1.20 1.20 0.000
2008 1.18 1.18 0.000
2007 2.39 2.39 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. Nally & Hamilton Enterprises, Inc. 2006 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 8 6,340
2011 37 270,018
2010 45 334,063
2009 67 282,702
2008 68 447,835
2007 68 555,971
2006 52 215,925
Source: MSHA quarterly employment and production, updated weekly.

Turkey Branch sits in Leslie County, Kentucky, where the Census mining category is 10.6% 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.
Leslie County, Kentucky · Population 10,261
10.6%
Mining share of county employment
$40,176
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 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 509 0 0 0.0
2012 Q2 820 0 0 0.0
2012 Q1 2,534 0 0 0.0
2011 Q4 12,972 8 1 616.7
Show 22 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q3 29,060 3 0 103.2
2011 Q2 27,997 14 0 500.1
2011 Q1 26,090 14 3 536.6
2010 Q4 27,796 0 0 0.0
2010 Q3 18,643 0 0 0.0
2010 Q2 26,342 4 4 151.8
2010 Q1 38,914 0 0 0.0
2009 Q4 41,734 4 1 95.8
2009 Q3 42,867 9 1 210.0
2009 Q2 40,509 1 0 24.7
2009 Q1 41,207 1 0 24.3
2008 Q4 43,155 20 8 463.4
2008 Q3 41,098 0 0 0.0
2008 Q2 43,260 14 3 323.6
2008 Q1 41,818 0 0 0.0
2007 Q4 42,229 25 9 592.0
2007 Q3 42,964 0 0 0.0
2007 Q2 43,266 7 4 161.8
2007 Q1 39,232 14 11 356.9
2006 Q4 37,147 0 0 0.0
2006 Q3 40,944 2 2 48.8
2006 Q2 6,560 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

13 on file

2011 · 5 incidents

August 27, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nally & Hamilton Enterprises, Inc. · Struck by falling object

Employee was changing fuel filters in 980G loader when the hood fell on employees arm hurting right wrist.

August 10, 2011 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Nally & Hamilton Enterprises, Inc. · Over-exertion in pulling or pushing objects

Employee was pulling water hose out of water when he pulled something in his abdomen. Foreman was told but employee said he was okay. His abdomen continued to bother him so he went to the doctor on 9-12-11.

July 20, 2011 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises, Inc. · Fall to the walkway or working surface

Employee was on the hydroseeder crew, was pulling hose up a steep hill when his feet slipped out from under him causing him to fall on the right shoulder.

March 17, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Nally & Hamilton Enterprises, Inc. · Struck by... (Not Elsewhere Classified)

Employee was cutting the tip off a silicon tube when the knife slipped and stabbed himself in the right leg above the knee.

March 1, 2011 KY · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Nally & Hamilton Enterprises, Inc. · Fall to the walkway or working surface

Employee was stepping off D11. Stepped from push arm to the ground and fell on the ground flat on his back. Employee didn't not miss work until 3/28/2011,which was when he was put on night shift he went to doctor on 3/29/11 and the doctor told him to take off two weeks.

2010 · 2 incidents

November 26, 2010 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Nally & Hamilton Enterprises, Inc. · Over-exertion in pulling or pushing objects

Employee was sowing grass with a hydroseeder hose when he pulled the hose and strained his lower back.

August 16, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Nally & Hamilton Enterprises, Inc. · Struck against a moving object

Employee was dumping a load of rock when the truck started to turn over, he tried to let the truck bed down but the truck turned over. The truck flipped four times before coming to a rest on all 6 wheels.

2009 · 1 incident

January 1, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Nally & Hamilton Enterprises, Inc. · Struck against a moving object

Employee was dumping a load of coal when the truck turned over, causing the operator to hit the drivers door with his hip and back.

2008 · 1 incident

December 18, 2008 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nally & Hamilton Enterprises, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was changing a transmission in a truck when he felt pain in his lower back. He continued working until 01 04 2009 when he went to a doctor.

2007 · 2 incidents

August 18, 2007 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Nally & Hamilton Enterprises, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was exiting 777 rock truck when he felt pain in lower back.

2006 · 2 incidents

September 15, 2006 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer FIRE
Nally & Hamilton Enterprises, Inc. · Inhalation of radiations, caustics, toxic and noxious substances

A D10T dozer caught on fire and the employee was assisting in fighting the fire when he inhaled some fire extinguisher dust and smoke from the fire. The employee became sick and was taken to the E.R.

July 19, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Nally & Hamilton Enterprises, Inc. · Struck by... (Not Elsewhere Classified)

Employee was grinding metal when the grinder wheel shattered. A piece of the grinder wheel struck his left arm causing a laceration to the arm. Employee was taken to the hospital, recieved 4 stitches and returned to work.