In the process of dismounting he slipped off the steps and caught himself. When this happened he felt a pull in his lower back.
VFC-Louder Creek E, F, G, H: 44 MSHA citations Coal
Virginia Fuel Corporation
· Surface
Controlled by
Jillean L Justice; James C Justice lll
Harlan,
Harlan County,
KY
·
Abandoned and Sealed
MSHA Mine ID: 1519316
VFC-Louder Creek E, F, G, H has $5K in proposed MSHA penalties and $80 outstanding across 2 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 3
- Years on record
- 2010–2012
- Latest incident
- Aug 2012
Compliance record
MSHA citations since 2010
44
citations
7
significant & substantial
$4,918
proposed penalties
$4,838
paid to date
98% of proposed penalties paid to date, a $80 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
41
inspections on record
706
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: 706 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
VFC-Louder Creek E, F, G, H has $5K in proposed MSHA penalties and $80 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.$5K
proposed penalties
$5K
current assessed
$5K
paid to date
$80
outstanding
43 assessments are final orders; 2 contested dockets.
Of $328 in penalties contested before the Commission, $328 was upheld in final decisions.
As of the most recent assessment on 2017-05-15.
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.16.3%
significant & substantial
4.7%
high negligence or reckless
16.3%
reasonably likely or greater
4.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 37.2% low, 58.1% moderate, 4.7% 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 · 7% of citations on record
- Settled 3 · 100%
0%
Penalty reduction in decided contests
$328 proposed, $328 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 2016-08-31.
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 2016-0473 | Settlement | Gill | 2017 | $228 → $228 |
| KENT 2012-1320 | Settlement | Rae | 2013 | $100 → $100 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at VFC-Louder Creek E, F, G, H 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: 2017-06-29, 9 years ago
ⓘ
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.100%
within 1.5 mg/m3
41
samples
0.51
dust max (mg/m3)
0
over MSHA ECV
ⓘ
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.37 samples taken by MSHA inspectors, 4 by the operator.
Most-sampled occupations
- BULLDOZER OPERATOR14
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE11
- HIGHLIFT OPERATOR/FRONT END LOADER3
Silica (quartz)
Last sampled: 2016-12-22, 9 years ago17.0
silica avg (%)
2
samples
17.3
silica max (%)
Most-sampled occupations
- BULLDOZER 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: 2016-12-14, 9 years ago
ⓘ
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.3%
over PEL
33
samples
Most-sampled occupations
- BULLDOZER OPERATOR9
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
- 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 |
|---|---|---|
| 2017 | 100% | 6 |
| 2016 | 100% | 5 |
| 2015 | 100% | 3 |
| 2012 | 100% | 9 |
| 2011 | 100% | 7 |
| 2010 | 100% | 11 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2016 | 0% | 4 |
| 2015 | 0% | 2 |
| 2012 | 10% | 10 |
| 2011 | 0% | 7 |
| 2010 | 0% | 10 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
VFC-Louder Creek E, F, G, H recorded 4.67 reportable injury cases per 100 full-time workers in 2012.
Injury rate, 2012
ⓘ
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.4.67
total case rate
4.67
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In Kentucky, coal mining averaged 4.35 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 |
|---|---|---|---|
| 2012 * | 4.67 | 4.67 | 0.000 |
| 2011 * | 0.00 | 0.00 | 0.000 |
| 2010 * | 9.16 | 9.16 | 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
- Calvin Mining LLC 2008 to 2010
- Virginia Fuel Corporation 2010 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) |
|---|---|---|
| 2022 | 0 | |
| 2019 | 0 | |
| 2018 | 0 | |
| 2017 | 0 | |
| 2016 | 1 | |
| 2015 | 0 | |
| 2014 | 0 | |
| 2013 | 3 | 7,382 |
| 2012 | 21 | 70,209 |
| 2011 | 18 | 20,716 |
| 2010 | 10 | 43,950 |
| 2009 | 0 |
Source: MSHA quarterly employment and production, updated weekly.
VFC-Louder Creek E, F, G, H 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 |
|---|---|---|---|---|
| 2022 Q3 | 0 | 0 | 0 | |
| 2022 Q1 | 0 | 0 | 0 | |
| 2019 Q4 | 0 | 0 | 0 | |
| 2018 Q1 | 0 | 0 | 0 | |
| 2017 Q4 | 0 | 0 | 0 | |
| 2017 Q3 | 0 | 0 | 0 | |
| 2017 Q2 | 0 | 1 | 0 | |
| 2017 Q1 | 0 | 0 | 0 |
Show 30 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2016 Q4 | 0 | 6 | 2 | |
| 2016 Q3 | 1,068 | 0 | 0 | 0.0 |
| 2016 Q2 | 0 | 1 | 0 | |
| 2016 Q1 | 0 | 0 | 0 | |
| 2015 Q4 | 0 | 0 | 0 | |
| 2015 Q3 | 0 | 0 | 0 | |
| 2015 Q1 | 0 | 0 | 0 | |
| 2014 Q4 | 0 | 0 | 0 | |
| 2014 Q3 | 0 | 1 | 0 | |
| 2014 Q2 | 0 | 0 | 0 | |
| 2014 Q1 | 0 | 0 | 0 | |
| 2013 Q4 | 1,167 | 0 | 0 | 0.0 |
| 2013 Q3 | 1,049 | 1 | 0 | 953.3 |
| 2013 Q1 | 2,824 | 1 | 0 | 354.1 |
| 2012 Q4 | 5,545 | 4 | 0 | 721.4 |
| 2012 Q3 | 9,904 | 1 | 0 | 101.0 |
| 2012 Q2 | 15,083 | 5 | 2 | 331.5 |
| 2012 Q1 | 12,292 | 0 | 0 | 0.0 |
| 2011 Q4 | 23,431 | 5 | 0 | 213.4 |
| 2011 Q3 | 7,093 | 0 | 0 | 0.0 |
| 2011 Q2 | 3,812 | 0 | 0 | 0.0 |
| 2011 Q1 | 8,190 | 0 | 0 | 0.0 |
| 2010 Q4 | 11,878 | 4 | 0 | 336.8 |
| 2010 Q3 | 6,800 | 13 | 2 | 1911.8 |
| 2010 Q2 | 3,156 | 0 | 0 | 0.0 |
| 2010 Q1 | 0 | 0 | 0 | |
| 2009 Q4 | 0 | 0 | 0 | |
| 2009 Q3 | 0 | 0 | 0 | |
| 2009 Q2 | 0 | 0 | 0 | |
| 2009 Q1 | 0 | 0 | 0 |
No fatalities recorded at this mine.
Reportable incidents
3 on file2012 · 1 incident
August 8, 2012
KY · Coal
maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech
SLIP OR FALL OF PERSON
Virginia Fuel Corporation · Over-exertion (Not Elsewhere Classified)
2011 · 1 incident
June 13, 2011
KY · Coal
front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator
POWERED HAULAGE
Virginia Fuel Corporation · Struck against a moving object
This is an alleged claim, nothing was reported to management about an accident nor an injury. It is alleged that in the process of removing a large rock with his loader he jarred himself.
2010 · 1 incident
September 2, 2010
KY · Coal
haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver
HANDLING OF MATERIALS
Calvin Mining LLC · Caught in, under or between a moving and a stationary object
EE was getting out of truck cab to use bathroom and in the process of using bathroom, he let the truck door shut on his finger.