Access Energy has $262K in proposed MSHA penalties and $95K outstanding across 17 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
15
Years on record
2012–2018
Latest incident
Jul 2018
Compliance record
MSHA citations since 2010
640
citations
157
significant & substantial
$262,062
proposed penalties
$138,919
paid to date
53% of proposed penalties paid to date, a $123,143 gap.
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.
640 citations across 7,884 inspection hours.
Source: MSHA inspections data, updated weekly.
Access Energy has $262K in proposed MSHA penalties and $95K outstanding across 17 contested dockets.
Penalty disposition
ⓘDifferences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$262K
proposed penalties
$234K
current assessed
$139K
paid to date
$95K
outstanding
618 assessments are final orders; 17 contested dockets.
Of $114K in penalties contested before the Commission, $85K was upheld in final decisions.
As of the most recent assessment on 2019-11-07.
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.
Source: MSHA violations gravity and negligence coding, 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.
171citations taken to the federal commission · 27% of citations on record
Settled
162 · 95%
Stood as issued
8 · 5%
Vacated or withdrawn
1 · 1%
96%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 52 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$114K proposed, $85K 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 2020-01-08.
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 mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
MSHA sampling at Access Energy shows 95% of 550 respirable coal dust samples met the 1.5 mg/m3 standard.
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: 2019-08-01, 7 years ago
95%
within 1.5 mg/m3
550
samples
5.53
dust max (mg/m3)
2
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.
172 samples taken by MSHA inspectors, 378 by the operator.
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.
Health sampling trend
ⓘ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 by year
ⓘ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.
Access Energy recorded 0.00 reportable injury cases per 100 full-time workers in 2019.
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.
0.00
total case rate
0.00
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.
In Kentucky, coal mining averaged 4.10 cases per 100 workers that year.
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 *
0.00
0.00
0.000
2018
7.30
0.00
0.000
2017 *
0.00
0.00
0.000
2014
7.50
3.75
0.000
2013
4.16
2.78
0.000
2012
4.90
3.27
0.000
2011 *
0.00
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.
Source: MSHA controller and operator history, updated weekly.
Workforce and production
ⓘCoal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year
Employees
Coal produced (tons)
2025
5
2024
0
2023
0
2022
0
2021
0
2020
0
2019
40
78,811
2018
42
266,340
2017
13
33,881
2016
3
2015
2
2014
41
171,214
2013
53
293,401
2012
52
149,269
2011
16
49,590
Source: MSHA quarterly employment and production, updated weekly.
Access Energy sits in Letcher County, Kentucky, where the Census mining category is 3.5% of county employment.
Local economic context
ⓘCounty figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
Quarterly safety rates
ⓘCitations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2025 Q2
2,520
0
0
0.0
2025 Q1
2,486
0
0
0.0
2024 Q2
0
0
0
2023 Q3
0
0
0
2023 Q1
0
0
0
2022 Q1
0
0
0
2021 Q4
0
0
0
2021 Q3
0
0
0
Show 41 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2021 Q2
0
0
0
2021 Q1
0
0
0
2020 Q4
0
0
0
2020 Q3
0
0
0
2020 Q2
0
0
0
2020 Q1
360
0
0
0.0
2019 Q4
2,516
1
0
397.5
2019 Q3
12,741
43
9
3374.9
2019 Q2
40,392
64
15
1584.5
2019 Q1
31,704
55
24
1734.8
2018 Q4
31,635
49
23
1548.9
2018 Q3
32,276
46
10
1425.2
2018 Q2
25,984
32
4
1231.5
2018 Q1
19,697
36
16
1827.7
2017 Q4
20,692
85
17
4107.9
2017 Q3
801
13
1
16229.7
2017 Q2
407
0
0
0.0
2017 Q1
1,744
6
0
3440.4
2016 Q4
1,429
0
0
0.0
2016 Q2
2,880
1
0
347.2
2016 Q1
0
3
0
2015 Q4
31
2
0
64516.1
2015 Q3
1,193
0
0
0.0
2015 Q2
1,608
1
0
621.9
2015 Q1
1,514
0
0
0.0
2014 Q4
3,321
2
0
602.2
2014 Q3
28,029
9
2
321.1
2014 Q2
37,309
22
3
589.7
2014 Q1
38,077
21
3
551.5
2013 Q4
33,870
4
1
118.1
2013 Q3
36,442
6
3
164.6
2013 Q2
37,014
5
0
135.1
2013 Q1
36,762
24
7
652.8
2012 Q4
34,205
18
4
526.2
2012 Q3
34,869
8
1
229.4
2012 Q2
15,735
21
2
1334.6
2012 Q1
37,582
21
4
558.8
2011 Q4
30,964
22
1
710.5
2011 Q3
3,195
9
2
2816.9
2011 Q2
146
0
0
0.0
2011 Q1
0
1
1
No fatalities recorded at this mine.
Reportable incidents
15 on file
2018 · 4 incidents
July 17, 2018KY · Coalsection foreman, bullgang foreman, labor foreman, leadman, shift bossHANDLING OF MATERIALS
Employee was working on a Joy 14-9 continuous miner with the top lid opened when the lid fell down on middle finger on the right hand. This action fractured the tip of the middle finger on right hand. Employee took self to the doctor after the shift and returned to work the next day with no time lost.
EE was installing a section of 6 inch water line. He reached across belt structure to pick the water line up and felt pain in his groin and abdomen area.
Workman was standing on the #7 head drive pulling on motor leads when he lost his footing and fell into a H beam on the head drive. He strained his right shoulder and lower back.
June 15, 2014KY · Coalbeltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor riderHANDLING OF MATERIALS
Employee was shoveling the #2 overland belt when he struck his hand against a metal trough. The metal sliced through the glove he was wearing and lacerated his right little finer. Two stitches were required to close the wound.
January 23, 2014KY · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerHANDLING OF MATERIALS
The employee was making up roof bolts and plates to bolt a cut when he slipped and his arm struck a roof bolt causing a laceration that required 7 stitches to close the wound.
Employee was applying rockdust in the #8 Head Drive Area when the waterline ruptured and a piece of the plastic struck him in the left side of the head causing a laceration that required stitches. On 6/11/13 we received information in the form of a work excuse taking ee off work beginning 6/10/13.
EE was hanging cable around the tailpiece when the waterline blew apart at the head drive. The waterline pushed forward and the water manifold at the tailpiece struck EE in the back and fractured a rib.
February 11, 2013KY · Coalstopping builder, ventilation man, mason man, overcastHANDLING OF MATERIALS
He was dragging ventilation curtain from #6 entry to the #5 entry and as he turned the corner of the #5 entry he came in contact with a roof bolt plate.
During retreat mining we had a pillar fall occur that extended from the area where pillars had been mined in the normal cycle of retreat mining and extended outby where the continuous miner was cutting coal out of a pillar while performing retreat mining.
2012 · 3 incidents
September 22, 2012KY · Coalelectrician, linemanMACHINERY
Deane Mining LLC · Caught in, under or between a moving and a stationary object
Employee was trouble shooting a hydraulic problem in the valve chest on the continuous miner. A valve stuck and the bumper on the miner sat down on his left foot. Employee sustained 3 fractured toes and a laceration requiring stitches.
Deane Mining LLC · Caught in, under or between a moving and a stationary object
EE was helping lift the arm on a head drive when the arm swung around and his finger was caught in a pinch point. EE sustained a laceration requiring stitches.
May 4, 2012KY · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerHANDTOOLS (NONPOWERED)
Employee was using a slate bar to move the track when the bar slipped and came back hitting him in the side of the face causing a fracture of the zeugmatic arch.