Mining Incidents

Viper Coal LLC 6#: 418 MSHA citations Coal

Viper Coal LLC · Underground
Controlled by Jody Dale Puckett
Bypro, Floyd County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519253

Viper Coal LLC 6# has $346K in proposed MSHA penalties and $337K outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
2010–2011
Latest incident
Mar 2011
Compliance record
MSHA citations since 2008
418
citations
198
significant & substantial
$345,697
proposed penalties
$8,427
paid to date
2% of proposed penalties paid to date, a $337,270 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
39
inspections on record
2,178
inspection hours
19.2
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.
418 citations across 2,178 inspection hours.
Source: MSHA inspections data, updated weekly.

Viper Coal LLC 6# has $346K in proposed MSHA penalties and $337K 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.
$346K
proposed penalties
$346K
current assessed
$8K
paid to date
$337K
outstanding
392 assessments are final orders; 9 contested dockets.
Of $89K in penalties contested before the Commission, $89K was upheld in final decisions.
As of the most recent assessment on 2012-05-10.
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.
50.5%
significant & substantial
32.7%
high negligence or reckless
50.5%
reasonably likely or greater
25.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.0% low, 65.3% moderate, 32.7% 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.
86 citations taken to the federal commission · 21% of citations on record
  • Settled 6 · 7%
  • Stood as issued 80 · 93%
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 42 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$89K proposed, $89K 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 2011-04-26.
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 2010-1291 Default Lesnick 2011 $32K → $32K
KENT 2010-1361 Default Lesnick 2011 $19K → $19K
KENT 2011-58 Default Lesnick 2011 $12K → $12K
KENT 2010-1179 Settlement McCarthy 2013 $8K → $8K
KENT 2010-1505 Default Lesnick 2011 $8K → $8K
KENT 2011-59 Default Lesnick 2011 $6K → $6K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Viper Coal LLC 6# shows 97% of 116 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: 2012-05-18, 14 years ago
97%
within 1.5 mg/m3
116
samples
4.32
dust max (mg/m3)
63 samples taken by MSHA inspectors, 53 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR54
  • SCOOP CAR OPERATOR17
  • COAL DRILL OPERATOR10

Silica (quartz)

Last sampled: 2012-03-13, 14 years ago
5.2
silica avg (%)
5
samples
7.9
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR5

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: 2011-12-12, 14 years ago
0%
over PEL
15
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR5
  • COAL DRILL OPERATOR3
  • CUTTING MACHINE OPERATOR3
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% 19
2011 100% 7
2010 94% 17
2009 100% 55
2008 89% 18
Silica (quartz) by year
Year silica avg (%) samples
2012 7.9 1
2010 2.9 1
2009 2.6 1
2008 6.2 2
Noise by year
Year over PEL samples
2011 0% 5
2009 0% 5
2008 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Shorty Enterprise Inc. 2008 to 2010
  2. Black Thunder Mining, Inc. 2010 to 2010
  3. Viper Coal LLC 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)
2012 7 4,300
2011 4 1,816
2010 10 26,022
2009 2
Source: MSHA quarterly employment and production, updated weekly.

Viper Coal LLC 6# sits in Floyd County, Kentucky, where the Census mining category is 4.4% 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.
Floyd County, Kentucky · Population 35,342
4.4%
Mining share of county employment
$41,582
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 Q1 1,200 18 6 15000.0
2011 Q4 2,880 13 7 4513.9
2011 Q3 480 2 0 4166.7
2011 Q2 2,160 3 1 1388.9
2011 Q1 1,320 7 2 5303.0
2010 Q4 2,100 30 12 14285.7
2010 Q3 4,165 35 20 8403.4
2010 Q2 2,308 64 29 27729.6
Show 3 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q1 12 3 0 250000.0
2009 Q3 720 49 20 68055.6
2009 Q2 280 52 34 185714.3
No fatalities recorded at this mine.

Reportable incidents

2 on file

2011 · 1 incident

March 14, 2011 KY · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Viper Coal LLC · Struck against stationary object

While on mantrip, face contacted roof, resulting in cut over eye and blackening of right eye.

2010 · 1 incident

July 19, 2010 KY · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Black Thunder Mining, Inc. · Struck against stationary object

Tramming to face to load coal in low area. Caught knee on roof bolt. Strained neck and small laceration to left knee.