Mining Incidents

Premier Elkhorn Coal Company, LLC: 3 recorded fatalities operator

Controlled by James H Booth
MSHA operator ID: P21756

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Fatalities
3
Total incidents
278
Mines on record
18
Years on record
1993–2019
Compliance record
MSHA citations since 1999
2,775
citations
863
significant & substantial
$725,669
proposed penalties
$639,683
paid to date
88% of proposed penalties paid to date, a $85,986 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
988
inspections on record
39,236
inspection hours
7.1
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.
2,775 citations across 39,236 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.
$726K
proposed penalties
$677K
current assessed
$640K
paid to date
$38K
outstanding
2,721 assessments are final orders; 59 contested dockets.
Of $317K in penalties contested before the Commission, $124K was upheld in final decisions.
As of the most recent assessment on 2019-09-13.
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.
31.7%
significant & substantial
1.5%
high negligence or reckless
32.0%
reasonably likely or greater
9.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.3% none, 11.3% low, 86.9% moderate, 1.4% high, 0.1% 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.
2.34
total case rate
1.17
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
Year total case rate days-away fatal
2019 2.34 1.17 0.000
2018 3.25 1.08 0.000
2017 1.21 1.21 0.000
2016 5.59 5.59 0.000
2015 5.08 4.35 0.000
2014 1.62 1.22 0.000
2013 2.44 1.22 0.000
2012 1.47 1.11 0.000
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: 2019-09-11, 6 years ago
96%
within 1.5 mg/m3
3,501
samples
11.98
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.
2,062 samples taken by MSHA inspectors, 1,439 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR850
  • BULLDOZER OPERATOR605
  • HIGHWALL DRILL OPERATOR368

Silica (quartz)

Last sampled: 2019-08-27, 6 years ago
9.7
silica avg (%)
304
samples
40.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR84
  • BULLDOZER OPERATOR63
  • HIGHWALL DRILL OPERATOR46

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: 2019-08-19, 7 years ago
8%
over PEL
778
samples
Most-sampled occupations
  • BULLDOZER OPERATOR203
  • HIGHLIFT OPERATOR/FRONT END LOADER114
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE81
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.
147 citations taken to the federal commission · 5% of citations on record
  • Settled 147 · 100%
97%
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 67 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$165K proposed, $117K 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 2014-05-27. 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 2011-827 Vacate Tureck 2016 $122K → $0
KENT 2009-883 Settlement Rae 2012 $52K → $39K
KENT 2013-1026 Settlement Simonton 2014 $17K → $14K
KENT 2007-266 Settlement Barbour 2011 $16K → $10K
KENT20010293 Settlement Weisberger 2002 $10K → $2K
KENT20000004 Settlement Hodgdon 2000 $9K → $110
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2019
2
2018
3
2017
2
2016
5
2015
7
2014
8
2013
7
2012
4
2011
8
2010
14
2009
16 (1f)
2008
15 (1f)
2007
20
2006
28
2005
21
2004
20
2003
12
2002
18
2001
4
2000
13
1999
11 (1f)
1998
5
1997
14
1996
6
1995
2
1994
8
1993
5

Mines on record

Fatalities under this operator

3 recorded
December 12, 2009 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · POWERED HAULAGE
Premier Elkhorn Coal Company · Caught in, under or between a moving and a stationary object

On December 12, 2009 at approximately 6:38 am, a pre-dawn, low temperature accident occurred on a haulage road at PE Southern Pike Co. The driver of DT 178 exited the loaded coal truck, resulting in his death.

June 3, 2008 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman Fatality · MACHINERY
Premier Elkhorn Coal Company, LLC · Caught in, under or between a moving and a stationary object

A tree split & fell onto the victim, pinning him between two trees.

December 30, 1999 KY · Coal welder (shop) Fatality · POWERED HAULAGE
Premier Elkhorn Coal Company, LLC · Struck against a moving object

F-600 WAS TRAVELING DOWN ROADWAY APPROXIMATELY 8% GRADE; FAILED TO NEGOTIATE CURVE AT INTERSECTION TRAVELING OVER BERM AND HIGH WALL RESULTING IN FATAL INJURIES.

For insurers, brokers, and safety consultants

Where Premier Elkhorn Coal Company, 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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