Upper Second Creek Portals: 1 recorded fatality
Coal
Hazard,
Perry County,
KY
·
Abandoned
MSHA Mine ID: 1519364
Upper Second Creek Portals has $136K in proposed MSHA penalties and $0 outstanding across 8 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 1
- Total incidents
- 7
- Years on record
- 2009–2010
- Latest incident
- Sep 2010
Compliance record
MSHA citations since 2009
8
significant & substantial
$135,942
proposed penalties
52% of proposed penalties paid to date, a $65,801 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
3.2
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.
34 citations across 1,062 inspection hours.
Source: MSHA inspections data, updated weekly.
Upper Second Creek Portals has $136K in proposed MSHA penalties and $0 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.
29 assessments are final orders; 8 contested dockets.
Of $131K in penalties contested before the Commission, $65K was upheld in final decisions.
As of the most recent assessment on 2011-04-27.
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.
26.7%
significant & substantial
3.3%
high negligence or reckless
26.7%
reasonably likely or greater
33.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.3% low, 83.3% moderate, 3.3% 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.
8
citations taken to the federal commission · 24% of citations on record
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 2 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$131K proposed, $65K 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 2011-04-08.
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 2010-1357 |
Settlement |
Tureck |
2012 |
$70K → $52K |
| KENT 2010-1353 |
Settlement |
Tureck |
2011 |
$52K → $5K |
| KENT 2010-1129 |
Settlement |
Tureck |
2011 |
$5K → $5K |
| KENT 2010-939 |
Settlement |
Paez |
2012 |
$3K → $2K |
| KENT 2011-869 |
Settlement |
Paez |
2011 |
$100 → $100 |
| KENT 2010-1018 |
Settlement |
Tureck |
2012 |
$100 → $100 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Upper Second Creek Portals shows 100% of 15 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: 2010-08-11, 16 years ago
15 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
- CRANE OPER/DRAGLINE OPERATOR3
- CARPENTER2
- FORKLIFT OPERATOR2
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: 2011-03-14, 15 years ago
Most-sampled occupations
- LABORER/BLACKSMITH3
- CRANE OPER/DRAGLINE OPERATOR2
- FIRE BOSS PRE-SHIFT EXAMINER2
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 |
| 2010 |
100% |
10 |
| 2009 |
100% |
5 |
Noise by year
| Year |
over PEL |
samples |
| 2011 |
11% |
9 |
| 2010 |
25% |
4 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Workforce and production
| Year |
Employees |
| 2011 |
0 |
| 2010 |
0 |
| 2009 |
0 |
Source: MSHA quarterly employment and production, updated weekly.
Upper Second Creek Portals sits in Perry County, Kentucky, where the Census mining category is 3.3% 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.
Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
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 Q1 |
0 |
0 |
0 |
|
| 2010 Q4 |
0 |
0 |
0 |
|
| 2010 Q3 |
0 |
0 |
0 |
|
| 2010 Q1 |
0 |
2 |
1 |
|
| 2009 Q4 |
0 |
1 |
0 |
|
| 2009 Q3 |
0 |
2 |
0 |
|
| 2009 Q2 |
0 |
2 |
1 |
|
| 2009 Q1 |
0 |
1 |
0 |
|
Fatalities at this mine
1 recorded
November 23, 2009
KY · Coal
maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech
Fatality · HOISTING
Perry County Coal Corporation · Struck by... (Not Elsewhere Classified)
Two employees were struck by the boom of the pivoting hoist. At this point in the investigation, it appears that the boom or boom hoist ropes came in contact with an adjacent structure as the boom was being lowered. The elevation of the boom changed suddenly as the boom hoist rope or boom lost contact with the structure, striking both individuals.
Reportable incidents
6 on file (excluding fatalities above)
2010 · 3 incidents
September 23, 2010
KY · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
SLIP OR FALL OF PERSON
Perry County Coal Corporation · Fall onto or against objects
EE placed his hand on a rock for support and he slipped cutting his left forearm on the rock. Laceration required stitches.
August 26, 2010
KY · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
HANDLING OF MATERIALS
Perry County Coal Corporation · Caught in, under or between (Not Elsewhere Classified)
EE was installing rebar when his left hand was caught between #6 & #11 rebar causing a laceration that required stitches.
July 19, 2010
KY · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
HANDLING OF MATERIALS
Perry County Coal Corporation · Caught in, under or between (Not Elsewhere Classified)
EE was cutting a piece of panning with side cutters and as he pulled the pliers to tear the panning his hand hit another piece of panning causing a laceration that required stitches on his left hand.
2009 · 3 incidents
December 23, 2009
KY · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
SLIP OR FALL OF PERSON
Perry County Coal Corporation · Caught in, under or between (Not Elsewhere Classified)
Ground gave way. EE was caught between concrete and ring steel. EE received a fractured tibia.
November 23, 2009
KY · Coal
tipple/top lander/skip dumper operator, binman, topman
HOISTING
Perry County Coal Corporation · Struck by... (Not Elsewhere Classified)
Two employees were struck by the boom of the pivoting hoist. At this point in the investigation, it appears that the boom or boom hoist ropes came in contact with an adjacent structure as the boom was being lowered. The elevation of the boom changed suddenly as the boom hoist rope or boom lost contact with the structure, striking both individuals.
September 29, 2009
KY · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
SLIP OR FALL OF PERSON
Perry County Coal Corporation · Fall onto or against objects
EE stumbled backward and fell into the hoisting hook, causing blunt force trauma to neck.