Mining Incidents

H & D Mining Inc: 1 recorded fatality operator

Controlled by Randall Fleming
MSHA operator ID: 0050937

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Fatalities
1
Total incidents
9
Mines on record
2
Years on record
2003–2006
Compliance record
MSHA citations since 2002
782
citations
317
significant & substantial
$346,205
proposed penalties
$139,777
paid to date
40% of proposed penalties paid to date, a $206,428 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
73
inspections on record
3,925
inspection hours
19.9
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.
782 citations across 3,925 inspection hours.
Source: MSHA inspections data, updated weekly.
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
$140K
paid to date
$206K
outstanding
730 assessments are final orders; 5 contested dockets.
Of $8K in penalties contested before the Commission, $8K was upheld in final decisions.
As of the most recent assessment on 2007-04-17.
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.
42.9%
significant & substantial
6.4%
high negligence or reckless
42.7%
reasonably likely or greater
9.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.8% low, 92.8% moderate, 6.2% high, 0.1% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2006
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.
5.37
total case rate
5.37
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.87 and the all-US-mining average was 3.91 cases per 100 workers.
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
2006 * 5.37 5.37 0.000
2005 * 13.55 13.55 4.517
2004 * 4.94 0.00 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.
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: 2006-12-05, 19 years ago
90%
within 1.5 mg/m3
272
samples
3.98
dust max (mg/m3)
141 samples taken by MSHA inspectors, 131 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR120
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)18
  • SHUTTLE CAR OPERATOR (OFF STANDARD)14

Silica (quartz)

Last sampled: 2006-08-02, 20 years ago
8.9
silica avg (%)
24
samples
22.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR11

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: 2006-05-03, 20 years ago
10%
over PEL
51
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9
  • SHUTTLE CAR OPERATOR (OFF STANDARD)7
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)6
Source: MSHA respirable dust, quartz, and noise sampling records, 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.
95 citations taken to the federal commission · 12% of citations on record
  • Settled 90 · 95%
  • Stood as issued 5 · 5%
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 60 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$8K proposed, $8K 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 2004-08-17. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
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 operator contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
KENT 2004-274 Settlement Hodgdon 2005 $2K → $2K
KENT 2004-297 Settlement Hodgdon 2005 $2K → $2K
KENT 2004-298 Settlement Hodgdon 2005 $2K → $2K
KENT 2004-273 Settlement Hodgdon 2005 $1K → $1K
KENT 2004-272 Settlement Hodgdon 2005 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2006
2
2005
5 (1f)
2004
1
2003
1

Mines on record

Fatalities under this operator

1 recorded
December 30, 2005 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator Fatality · POWERED HAULAGE
H & D Mining Inc · Caught in, under or between a moving and a stationary object

The victim was caught between 10SC shuttle car and an 818 Long Airdox ram car resulting in severe lower leg injuries and death.

For insurers, brokers, and safety consultants

Where H & D Mining Inc stands on silica, penalties, and injury rate

MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes dust and quartz as separate files and never the silica figure itself. We derive it per sample, score it against the limit, and set the operator's injury rate against a benchmark built from the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality history. Delivered as a PDF with the underlying data as CSV.

The federal record itself stays free on this site. What costs money, and why.

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