Mining Incidents

Yellow Mtn Surface Mine #1: 125 MSHA citations Coal

FR Performance LLC · Surface
Controlled by Freddie Revis
Hindman, Knott County, KY  ·  Abandoned
MSHA Mine ID: 1519315

Yellow Mtn Surface Mine #1 has $48K in proposed MSHA penalties and $25K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2011–2012
Latest incident
May 2012
Compliance record
MSHA citations since 2008
125
citations
37
significant & substantial
$47,928
proposed penalties
$13,304
paid to date
28% of proposed penalties paid to date, a $34,624 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
39
inspections on record
1,064
inspection hours
11.8
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.
125 citations across 1,064 inspection hours.
Source: MSHA inspections data, updated weekly.

Yellow Mtn Surface Mine #1 has $48K in proposed MSHA penalties and $25K outstanding across 3 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.
$48K
proposed penalties
$38K
current assessed
$13K
paid to date
$25K
outstanding
124 assessments are final orders; 3 contested dockets.
Of $31K in penalties contested before the Commission, $21K was upheld in final decisions.
As of the most recent assessment on 2015-02-12.
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.
29.8%
significant & substantial
2.4%
high negligence or reckless
29.8%
reasonably likely or greater
6.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.4% low, 95.2% moderate, 2.4% 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.
26 citations taken to the federal commission · 21% of citations on record
  • Settled 26 · 100%
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 15 decided S&S contests · industry: 79%
32%
Penalty reduction in decided contests
$31K proposed, $21K 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 2015-03-24.
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 2015-0395 Settlement Simonton 2016 $26K → $17K
KENT 2015-0214 Settlement Lesnick 2015 $5K → $4K
KENT 2015-0393 Settlement Simonton 2015 $888 → $675
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Yellow Mtn Surface Mine #1 shows 99% of 70 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: 2019-07-02, 7 years ago
99%
within 1.5 mg/m3
70
samples
1.68
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.
63 samples taken by MSHA inspectors, 7 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR23
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE14
  • HIGHLIFT OPERATOR/FRONT END LOADER11

Silica (quartz)

Last sampled: 2014-04-29, 12 years ago
27.9
silica avg (%)
8
samples
45.5
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • BACKHOE OPERATOR2
  • 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: 2019-07-02, 7 years ago
6%
over PEL
33
samples
Most-sampled occupations
  • BULLDOZER OPERATOR10
  • HIGHLIFT OPERATOR/FRONT END LOADER6
  • BACKHOE OPERATOR5
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
2019 100% 4
2014 100% 16
2013 100% 2
2012 100% 17
2011 93% 15
2009 100% 8
2008 100% 8
Silica (quartz) by year
Year silica avg (%) samples
2014 38.2 2
2012 22.5 2
2011 18.6 3
2009 45.5 1
Noise by year
Year over PEL samples
2019 0% 4
2014 17% 6
2012 17% 6
2011 0% 11
2008 0% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Yellow Mtn Surface Mine #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2015.

Injury rate, 2015
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
In Kentucky, coal mining averaged 4.56 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
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 12.39 9.29 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. Miller Bros Coal LLC 2008 to 2011
  2. Kentucky Fuel Corporation 2011 to 2018
  3. FR Performance LLC 2018 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)
2023 0
2022 0
2021 0
2020 0
2019 2
2018 5 1,170
2017 6
2016 6
2015 15
2014 37 66,560
2013 23 44,077
2012 30 128,904
2011 30 86,299
2009 32 128,983
2008 19 36,775
Source: MSHA quarterly employment and production, updated weekly.

Yellow Mtn Surface Mine #1 sits in Knott County, Kentucky, where the Census mining category is 2.8% 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.
Knott County, Kentucky · Population 14,046
2.8%
Mining share of county employment
$37,736
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
2023 Q3 0 0 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 96 0 0 0.0
2022 Q1 0 0 0
2021 Q4 0 0 0
Show 44 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q3 0 0 0
2021 Q2 80 0 0 0.0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q2 1,980 0 0 0.0
2019 Q1 1,440 0 0 0.0
2018 Q4 4,580 0 0 0.0
2018 Q3 0 0 0
2018 Q1 3,280 0 0 0.0
2017 Q4 3,794 0 0 0.0
2017 Q3 638 0 0 0.0
2017 Q2 4,853 0 0 0.0
2017 Q1 5,029 0 0 0.0
2016 Q4 960 0 0 0.0
2016 Q3 3,995 0 0 0.0
2016 Q2 4,394 0 0 0.0
2016 Q1 2,833 0 0 0.0
2015 Q4 4,396 0 0 0.0
2015 Q3 4,570 0 0 0.0
2015 Q2 6,702 0 0 0.0
2015 Q1 8,840 4 0 452.5
2014 Q4 16,509 24 15 1453.8
2014 Q3 17,576 4 3 227.6
2014 Q2 15,372 8 1 520.4
2014 Q1 20,679 2 0 96.7
2013 Q4 3,082 3 0 973.4
2013 Q3 3,840 3 0 781.2
2013 Q2 14,044 0 0 0.0
2013 Q1 26,846 0 0 0.0
2012 Q4 16,507 7 0 424.1
2012 Q3 8,796 0 0 0.0
2012 Q2 19,236 7 1 363.9
2012 Q1 20,018 1 1 50.0
2011 Q4 29,149 14 3 480.3
2011 Q3 17,272 1 0 57.9
2011 Q2 10,354 9 2 869.2
2009 Q3 5,120 0 0 0.0
2009 Q2 17,915 4 0 223.3
2009 Q1 26,037 0 0 0.0
2008 Q4 10,785 2 1 185.4
No fatalities recorded at this mine.

Reportable incidents

6 on file

2012 · 4 incidents

May 16, 2012 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Kentucky Fuel Corporation · Struck against a moving object

Pushing on a shot and backed over a big rock. Jarred the victim. Had pain running from right hip to right ankle. Was x-rayed and released.

March 16, 2012 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Kentucky Fuel Corporation · Fall to the walkway or working surface

Stepped down in a low place and slipped and fell. Foreman asked him if he was hurt. Victim stated he was fine and did not want to seek medical help. On March 23rd, victim showed up to work in the parking area and became very nervous acting. His son who is also an employee took him to the doctor.

February 13, 2012 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Kentucky Fuel Corporation · Over-exertion (Not Elsewhere Classified)

Dismounting D10N dozer and foot slipped. Step was wet and foot slipped off the second step causing pain in the lower back going out through the right arm.

2011 · 2 incidents

December 14, 2011 KY · Coal welder (shop) SLIP OR FALL OF PERSON
Kentucky Fuel Corporation · Over-exertion (Not Elsewhere Classified)

Welding on bucket of excavator and the surface area was slick. Safety glasses fell off face and when he reached for them he slipped and twisted knee.

June 4, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Kentucky Fuel Corporation · Fall onto or against objects

Victim was working on a D-10 dozer. He tripped and fell against the push arm. Fractured a rib on his right side. Treated & released at the hospital. Still off work to this date.