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Calvary Enterprises, LLC: 2 recorded fatalities operator

Controlled by Harold E Akers; Jim D Akers
MSHA operator ID: 0050049

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Fatalities
2
Total incidents
41
Mines on record
15
Years on record
2003–2019
Compliance record
MSHA citations since 2001
2,969
citations
717
significant & substantial
$706,906
proposed penalties
$366,275
paid to date
52% of proposed penalties paid to date, a $340,631 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
748
inspections on record
45,601
inspection hours
6.5
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.
2,969 citations across 45,601 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.
$707K
proposed penalties
$585K
current assessed
$366K
paid to date
$218K
outstanding
2,900 assessments are final orders; 164 contested dockets.
Of $344K in penalties contested before the Commission, $205K was upheld in final decisions.
As of the most recent assessment on 2020-01-15.
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.
24.7%
significant & substantial
1.6%
high negligence or reckless
24.8%
reasonably likely or greater
10.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 14.9% low, 83.3% moderate, 1.6% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2019
ⓘ 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.
6.17
total case rate
6.17
days-away rate
2.057
fatality rate
Above average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 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
2019 * 6.17 6.17 2.057
2018 0.00 0.00 0.000
2017 2.30 2.30 0.000
2016 1.16 1.16 0.000
2015 1.73 1.73 0.000
2014 1.71 1.14 0.000
2013 1.90 1.26 0.000
2012 0.69 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: 2019-11-19, 6 years ago
97%
within 1.5 mg/m3
5,103
samples
9.02
dust max (mg/m3)
7
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.
1,919 samples taken by MSHA inspectors, 3,184 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR2,219
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)595
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)591

Silica (quartz)

Last sampled: 2019-09-24, 6 years ago
7.0
silica avg (%)
397
samples
34.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR166
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)15
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
See US coal mines ranked by silica in their dust samples.

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: 2019-09-19, 6 years ago
5%
over PEL
572
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)152
  • CONTINUOUS MINER OPERATOR87
  • SCOOP CAR OPERATOR66
See US mines ranked by noise samples over the legal limit.
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.
521 citations taken to the federal commission · 18% of citations on record
  • Settled 494 · 95%
  • Stood as issued 27 · 5%
93%
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 281 decided S&S contests · industry: 79%
38%
Penalty reduction in decided contests
$323K proposed, $201K 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 2018-04-17. 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 2012-1533 Settlement Simonton 2013 $46K → $6K
KENT 2018-0240 Settlement Rae 2018 $37K → $21K
KENT 2013-451 Settlement Simonton 2013 $17K → $2K
VA 2008-259 Settlement Barbour 2009 $11K → $8K
KENT 2012-709 Settlement Lesnick 2013 $11K → $8K
KENT 2012-889 Settlement Simonton 2013 $10K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2019
3 (1f)
2017
2
2016
2
2015
5
2014
4
2013
3
2012
1
2011
3 (1f)
2010
4
2007
1
2006
2
2005
4
2004
4
2003
3

Mines on record

Fatalities under this operator

2 recorded
October 18, 2019 KY · Coal electrician, lineman Fatality · FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Calvary Enterprises, LLC · Struck by rolling or sliding object

While employee was working on the ride a piece of rock rolled off coal rib, striking them in the back. Pinning them against the personal ride.

November 7, 2011 KY · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss Fatality · POWERED HAULAGE
Hubble Mining Company LLC · Caught in, under or between a moving and a stationary object

A crib block is believed to have got lodged behind brake pedal & on accelerator pedal, causing a 2 man non-permissible personnel carrier to jump forward, pinning employee against a coal rib, causing death.

For insurers, brokers, and safety consultants

Where Calvary Enterprises, LLC 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.

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