Mining Incidents

Kenneth W Hart: 116 MSHA citations controller

MSHA controller ID: 0072173

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Fatalities
0
Total incidents
0
Mines on record
0
Years on record
Compliance record
MSHA citations since 2007
116
citations
45
significant & substantial
$57,823
proposed penalties
$24,647
paid to date
43% of proposed penalties paid to date, a $33,176 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
53
inspections on record
556
inspection hours
n/a
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.
Rate withheld: 556 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
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.
$58K
proposed penalties
$30K
current assessed
$25K
paid to date
$6K
outstanding
116 assessments are final orders; 15 contested dockets.
Of $48K in penalties contested before the Commission, $21K was upheld in final decisions.
As of the most recent assessment on 2025-11-12.
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.
38.8%
significant & substantial
6.9%
high negligence or reckless
38.8%
reasonably likely or greater
39.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 18.1% low, 75.0% moderate, 6.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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.

Metal and nonmetal contaminants (personal samples)
Many samples are screening measurements of substances with no applicable exposure limit; they are counted as samples but excluded from every over-limit figure. Over-limit shares use only limit-tested samples.

Last sampled: 2021-06-01, 5 years ago
0%
of limit-tested samples over the exposure limit
9
samples
3
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg4
  • Quartz, respirable, >1% Qtz3
  • Nuisance dust, respirable, <1% Qtz1
  • Unlisted Particulate, respirable, <1% Qtz1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly. Metal/nonmetal contaminant figures come from MSHA's Personal Health Samples and Area Samples files (public record), 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.
44 citations taken to the federal commission · 38% of citations on record
  • Settled 38 · 86%
  • Stood as issued 6 · 14%
92%
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 26 decided S&S contests · industry: 79%
57%
Penalty reduction in decided contests
$48K 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 2020-01-14. 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 controller contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
SE 2016-0301 Settlement Bulluck 2018 $18K → $5K
SE 2011-255M Settlement Paez 2012 $16K → $4K
SE 2018-0202 Settlement Paez 2019 $3K → $2K
SE 2019-0198 Default 2019 $2K → $2K
SE 2009-630M Settlement Lesnick 2010 $2K → $2K
SE 2019-0110 Default Bulluck 2019 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

No reportable incidents on file.

MSHA has no recorded reportable accidents associated with this controller.

For insurers, brokers, and safety consultants

Where Kenneth W Hart 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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