Mining Incidents

Aces Branch Mine #9: 262 MSHA citations Coal

B & W Resources Inc · Surface
Controlled by Lipari Energy
Hyden, KY, Leslie County, KY  ·  Active
MSHA Mine ID: 1519441

Aces Branch Mine #9 has $46K in proposed MSHA penalties and $5K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
2011–2026
Latest incident
Jun 2026
Compliance record
MSHA citations since 2009
262
citations
56
significant & substantial
$46,242
proposed penalties
$39,301
paid to date
85% of proposed penalties paid to date, a $6,942 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
73
inspections on record
3,184
inspection hours
8.2
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.
262 citations across 3,184 inspection hours.
Source: MSHA inspections data, updated weekly.

Aces Branch Mine #9 has $46K in proposed MSHA penalties and $5K outstanding across 3 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.
$46K
proposed penalties
$44K
current assessed
$39K
paid to date
$5K
outstanding
255 assessments are final orders; 3 contested dockets.
Of $7K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2026-05-12.
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.
21.7%
significant & substantial
1.6%
high negligence or reckless
21.7%
reasonably likely or greater
11.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.1% low, 95.3% moderate, 1.6% high, 0.0% reckless.
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.
10 citations taken to the federal commission · 4% of citations on record
  • Settled 10 · 100%
50%
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 8 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$7K proposed, $5K 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 2024-03-06.
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.
Docket Decision Judge Year Proposed / upheld
KENT 2015-0565 Settlement Andrews 2015 $4K → $3K
KENT 2016-0105 Settlement Paez 2016 $2K → $2K
KENT 2024-0092 Settlement Lewis 2024 $388 → $289
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Aces Branch Mine #9 shows 100% of 341 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: 2026-05-13
100%
within 1.5 mg/m3
341
samples
1.11
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.
183 samples taken by MSHA inspectors, 158 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR159
  • HIGHWALL DRILL OPERATOR93
  • HIGHLIFT OPERATOR/FRONT END LOADER36

Silica (quartz)

Last sampled: 2026-02-06
11.3
silica avg (%)
17
samples
42.5
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR9
  • BULLDOZER OPERATOR8

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: 2026-05-12
0%
over PEL
145
samples
Most-sampled occupations
  • BULLDOZER OPERATOR38
  • HIGHLIFT OPERATOR/FRONT END LOADER30
  • HIGHWALL DRILL OPERATOR26
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
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.
Year within 1.5 mg/m3 samples
2026 100% 21
2025 100% 19
2024 100% 23
2023 100% 29
2020 100% 24
2019 100% 30
2018 100% 28
2017 100% 35
2016 100% 26
2015 100% 24
2014 100% 14
2013 100% 21
2012 100% 26
2011 100% 21
Silica (quartz) by year
Year silica avg (%) samples
2026 1.4 1
2024 1
2023 1.0 1
2019 3.0 2
2018 0.9 1
2017 3.1 4
2016 9.4 2
2015 25.2 1
2012 24.1 2
2011 33.8 2
Noise by year
Year over PEL samples
2026 0% 11
2025 0% 6
2024 0% 10
2023 0% 14
2020 0% 10
2019 0% 10
2018 0% 10
2017 0% 13
2016 0% 11
2015 0% 5
2014 0% 8
2013 0% 9
2012 0% 13
2011 0% 15
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Aces Branch Mine #9 recorded 0.00 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In Kentucky, coal mining averaged 4.08 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
2025 * 0.00 0.00 0.000
2024 * 5.69 2.84 0.000
2023 * 3.04 0.00 0.000
2020 * 5.06 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
2017 * 12.78 8.52 0.000
2016 * 15.07 7.53 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.
Ownership history
  1. B & W Resources Inc 2009 to present
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)
2026 25 87,664
2025 20 172,110
2024 30 217,403
2023 27 217,706
2022 2
2020 17 83,591
2019 28 276,726
2018 21 156,328
2017 20 154,984
2016 13 94,678
2015 15 172,675
2014 13 159,940
2013 10 104,220
2012 17 122,691
2011 28 281,371
2010 12 52,292
Source: MSHA quarterly employment and production, updated weekly.

Aces Branch Mine #9 sits in Leslie County, Kentucky, where the Census mining category is 10.6% 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.
Leslie County, Kentucky · Population 10,261
10.6%
Mining share of county employment
$40,176
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
2026 Q2 18,181 6 1 330.0
2026 Q1 13,003 4 0 307.6
2025 Q4 13,268 0 0 0.0
2025 Q3 14,097 0 0 0.0
2025 Q2 12,231 3 0 245.3
2025 Q1 11,944 5 0 418.6
2024 Q4 12,650 0 0 0.0
2024 Q3 18,701 1 0 53.5
Show 50 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 19,948 4 0 200.5
2024 Q1 19,043 1 0 52.5
2023 Q4 20,833 9 3 432.0
2023 Q3 19,788 0 0 0.0
2023 Q2 18,043 8 0 443.4
2023 Q1 7,100 6 0 845.1
2022 Q4 420 0 0 0.0
2020 Q4 1,925 1 0 519.5
2020 Q3 6,038 2 0 331.2
2020 Q2 15,496 3 0 193.6
2020 Q1 16,080 0 0 0.0
2019 Q4 11,635 7 0 601.6
2019 Q3 15,856 0 0 0.0
2019 Q2 20,361 3 0 147.3
2019 Q1 19,296 0 0 0.0
2018 Q4 13,811 4 1 289.6
2018 Q3 13,384 5 0 373.6
2018 Q2 13,203 0 0 0.0
2018 Q1 12,042 0 0 0.0
2017 Q4 11,659 3 0 257.3
2017 Q3 11,126 0 0 0.0
2017 Q2 12,877 3 1 233.0
2017 Q1 11,289 1 0 88.6
2016 Q4 9,811 0 0 0.0
2016 Q3 7,285 4 0 549.1
2016 Q2 3,950 0 0 0.0
2016 Q1 5,500 2 0 363.6
2015 Q4 7,776 0 0 0.0
2015 Q3 8,495 0 0 0.0
2015 Q2 7,423 9 3 1212.4
2015 Q1 9,301 2 0 215.0
2014 Q4 9,868 6 1 608.0
2014 Q3 9,032 0 0 0.0
2014 Q2 6,673 2 0 299.7
2014 Q1 3,939 0 0 0.0
2013 Q4 6,896 10 1 1450.1
2013 Q3 5,661 0 0 0.0
2013 Q2 4,710 8 2 1698.5
2013 Q1 8,232 0 0 0.0
2012 Q4 8,531 8 1 937.8
2012 Q3 2,852 10 0 3506.3
2012 Q2 10,335 0 0 0.0
2012 Q1 14,473 7 3 483.7
2011 Q4 20,066 2 0 99.7
2011 Q3 20,147 0 0 0.0
2011 Q2 16,544 5 0 302.2
2011 Q1 15,091 12 6 795.2
2010 Q4 15,655 0 0 0.0
2010 Q3 7,930 0 0 0.0
2010 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

15 on file

2026 · 1 incident

June 15, 2026 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
B & W Resources Inc · Caught in, under or between running or meshing objects

The employee accessed the engine compartment of a Caterpillar D10R dozer to adjust the water valves for the cab heating system. While the engine was running, the employee's hand came into contact with the rotating belt and pulley assembly, resulting in an injury.

2025 · 1 incident

January 27, 2025 KY · Coal FIRE
B & W Resources Inc · Accident type, without injuries

B & W Resources Inc. believes an electrical short in the electric fuel hose reel caused the fire. The fuel hose reel compartment was severely damaged.

2024 · 2 incidents

June 28, 2024 KY · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
B & W Resources Inc · Over-exertion in pulling or pushing objects

The employee strained EE's lower back while pulling an oil hose from the oil truck.

March 19, 2024 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
B & W Resources Inc · Struck against a moving object

The employee was operating a John Deere 700 dozer when the machine over traveled the work area and overturned. The employee was wearing a seatbelt and only sustained bruising. EE was examined immediately after the accident and released for work later that morning.

2023 · 1 incident

September 25, 2023 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
B & W Resources Inc · Caught in, under or between a moving and a stationary object

The Employees left ring finger was pinched when the small, oil soaked hydraulic jack EE was holding slipped and fell to the bumper.

2020 · 1 incident

February 17, 2020 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDTOOLS (NONPOWERED)
B & W Resources Inc · Struck by flying object

The employee was tightening a hydraulic hose. The wrench slipped hitting the employee over the left eye. Injury resulted in 7 stitches.

2018 · 2 incidents

August 20, 2018 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
B & W Resources Inc · Struck against a moving object

Truck driver was going down a hill and went into ditch and hit rock causing truck to tip on the right side

August 14, 2018 KY · Coal FIRE
B & W Resources Inc · Accident type, without injuries

A Caterpillar D10R Dozer caught on fire between 3:50pm (the time that the machine was parked) and 5:47pm (the notification of fire to company officials)

2017 · 3 incidents

October 7, 2017 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
B & W Resources Inc · Struck by... (Not Elsewhere Classified)

The employee was using a sledge hammer to assist in the installation of a ball stud on a Caterpillar 777D truck.

September 7, 2017 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
B & W Resources Inc · Over-exertion (Not Elsewhere Classified)

There was no accident, the employee was suffering from a bulging disc in which employee had previously had surgery for years ago. The condition was worsening and while working on the job that day employee was operating a 777D rock truck. As the employee stood up to exit the truck employee's back was burning and cramping.

March 6, 2017 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
B & W Resources Inc · Struck against a moving object

The employee was cleaning loose material away from the highwall in the #8 coal pit when the bucket on the loader hit a rock. This caused the loader to abruptly swivel hard to the right sending a jolt through the employees back.

2016 · 2 incidents

September 19, 2016 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
B & W Resources Inc · Over-exertion (Not Elsewhere Classified)

The employee reinjured a previous back injury that resulted in 4 bulging disks in the employee's back.

August 16, 2016 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
B & W Resources Inc · Over-exertion (Not Elsewhere Classified)

The employee has been placed on light duty.

2011 · 2 incidents

September 14, 2011 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
B & W Resources Inc · Struck by falling object

Cutting edge off loader and it fell landing on left foot.

June 6, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
B & W Resources Inc · Fall onto or against objects

Getting vacuum cleaner out of back of mechanic truck. Slipped on bed of truck striking right side of ribs.