Mining Incidents

South Akers Mining Company LLC: 1 recorded fatality operator

MSHA operator ID: P22951

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Fatalities
1
Total incidents
85
Mines on record
14
Years on record
1994–2011
Compliance record
MSHA citations since 2000
2,025
citations
625
significant & substantial
$653,041
proposed penalties
$433,352
paid to date
66% of proposed penalties paid to date, a $219,689 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
509
inspections on record
21,686
inspection hours
9.3
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.
2,025 citations across 21,686 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.
$653K
proposed penalties
$466K
current assessed
$433K
paid to date
$32K
outstanding
1,973 assessments are final orders; 106 contested dockets.
Of $631K in penalties contested before the Commission, $399K was upheld in final decisions.
As of the most recent assessment on 2013-07-11.
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
3.1%
high negligence or reckless
31.8%
reasonably likely or greater
9.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 10.9% low, 85.9% moderate, 3.0% high, 0.2% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2012
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 3.74 and the all-US-mining average was 2.96 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
2012 * 0.00 0.00 0.000
2011 11.70 8.51 0.000
2010 6.30 3.60 0.000
2009 2.21 2.21 0.000
2008 0.80 0.80 0.000
2007 0.00 0.00 0.000
2006 2.51 2.51 0.000
2005 1.49 1.49 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: 2013-02-08, 13 years ago
94%
within 1.5 mg/m3
2,450
samples
15.39
dust max (mg/m3)
1,161 samples taken by MSHA inspectors, 1,289 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR1,196
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)284
  • SCOOP CAR OPERATOR157

Silica (quartz)

Last sampled: 2013-02-05, 13 years ago
6.1
silica avg (%)
233
samples
24.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR113
  • CUTTING MACHINE 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: 2012-12-12, 13 years ago
12%
over PEL
269
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)70
  • CONTINUOUS MINER OPERATOR40
  • SCOOP CAR OPERATOR39
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.
430 citations taken to the federal commission · 21% of citations on record
  • Settled 418 · 97%
  • Stood as issued 11 · 3%
  • Vacated or withdrawn 1 · 0%
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 237 decided S&S contests · industry: 79%
42%
Penalty reduction in decided contests
$444K proposed, $257K 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 2013-04-04. 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
KENT20010055 Settlement Weisberger 2002 $165K → $135K
KENT 2010-893 Settlement Rae 2012 $127K → $39K
KENT 2010-894 Settlement Rae 2012 $67K → $47K
KENT 2011-1450 Settlement Andrews 2012 $33K → $23K
KENT 2010-1665 Settlement Andrews 2012 $19K → $7K
KENT 2010-1666 Settlement Feldman 2012 $17K → $12K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2011
12
2010
8
2009
4
2008
1
2007
1
2006
2
2005
1
2002
1
2001
7
2000
12
1999
9 (1f)
1998
13
1997
2
1996
5
1995
6
1994
1

Mines on record

Fatalities under this operator

1 recorded
September 16, 1999 KY · Coal continuous miner operator, coal mole operator Fatality · FALL OF ROOF OR BACK
South Akers Mining Llc · Struck by falling object

THE CONTINUOUS MINING MACHINE OPERATOR WAS FATALLY INJURED WHEN A ROOF FALL OCCURRED DURING THE RETREAT MINING CYCLE. THE VICTIM WAS OPERATING A JOY MODEL 14-9 CONTINUOUS MINING MACHINE BY REM OTE CONTROL WHEN THE FALL OCCURRED. THE CONTINUOS MINING MACHINE HELPER ALSO RECEIVED INJURIES AS A RESULT OF THE ROOF FALL.

For insurers, brokers, and safety consultants

Where South Akers Mining 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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