Mining Incidents

Chavies Job #7: 334 MSHA citations Coal

B & W Resources Inc · Surface
Controlled by Lipari Energy
Krypton, Perry County, KY  ·  Abandoned
MSHA Mine ID: 1518781

Chavies Job #7 has $174K in proposed MSHA penalties and $38K outstanding across 14 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2010–2022
Latest incident
Jun 2022
Compliance record
MSHA citations since 2004
334
citations
146
significant & substantial
$173,614
proposed penalties
$101,390
paid to date
58% of proposed penalties paid to date, a $72,224 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
58
inspections on record
2,490
inspection hours
13.4
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.
334 citations across 2,490 inspection hours.
Source: MSHA inspections data, updated weekly.

Chavies Job #7 has $174K in proposed MSHA penalties and $38K outstanding across 14 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.
$174K
proposed penalties
$140K
current assessed
$101K
paid to date
$38K
outstanding
325 assessments are final orders; 14 contested dockets.
Of $115K in penalties contested before the Commission, $81K was upheld in final decisions.
As of the most recent assessment on 2022-07-20.
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.
44.9%
significant & substantial
4.9%
high negligence or reckless
44.9%
reasonably likely or greater
7.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.1% low, 84.0% moderate, 4.9% 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.
75 citations taken to the federal commission · 22% of citations on record
  • Settled 65 · 87%
  • Stood as issued 9 · 12%
  • Vacated or withdrawn 1 · 1%
98%
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 44 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$115K proposed, $81K 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 2014-04-21.
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 2012-404 Settlement Lesnick 2014 $40K → $15K
KENT 2011-203 Settlement Rae 2011 $27K → $20K
KENT 2012-133 Settlement Lesnick 2012 $14K → $14K
KENT 2012-132 Settlement Lesnick 2012 $9K → $9K
KENT 2012-787 Settlement Lesnick 2013 $8K → $8K
KENT 2013-589 Default Lesnick 2013 $5K → $5K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Chavies Job #7 shows 100% of 168 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: 2023-02-13, 3 years ago
100%
within 1.5 mg/m3
168
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.
122 samples taken by MSHA inspectors, 46 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR50
  • HIGHWALL DRILL OPERATOR50
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE26

Silica (quartz)

Last sampled: 2022-07-07, 4 years ago
12.6
silica avg (%)
4
samples
43.1
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR2
  • HIGHWALL DRILL OPERATOR2

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: 2023-02-01, 3 years ago
0%
over PEL
99
samples
Most-sampled occupations
  • BULLDOZER OPERATOR21
  • HIGHLIFT OPERATOR/FRONT END LOADER21
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE21
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
2023 100% 5
2022 100% 24
2021 100% 14
2015 100% 14
2014 100% 9
2013 100% 22
2012 100% 14
2011 100% 16
2010 100% 5
2009 100% 15
2008 100% 5
2007 100% 6
2006 100% 10
2005 100% 5
2004 100% 4
Silica (quartz) by year
Year silica avg (%) samples
2022 1.0 1
2015 3.2 2
2007 43.1 1
Noise by year
Year over PEL samples
2023 0% 4
2022 0% 10
2021 0% 5
2015 0% 5
2014 0% 5
2013 0% 15
2012 0% 5
2011 0% 5
2009 0% 15
2008 0% 5
2007 0% 6
2006 0% 11
2005 0% 4
2004 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Chavies Job #7 recorded 4.12 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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.
4.12
total case rate
4.12
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.26 and the all-US-mining average was 2.12 cases per 100 workers.
In Kentucky, coal mining averaged 4.58 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
2022 * 4.12 4.12 0.000
2014 * 0.00 0.00 0.000
2013 0.00 0.00 0.000
2012 1.62 1.62 0.000
2011 1.69 0.00 0.000
2010 1.85 1.85 0.000
2009 * 0.00 0.00 0.000
2008 * 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.
Ownership history
  1. B & W Resources Inc 2004 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)
2023 5 17,030
2022 22 138,182
2021 18 93,012
2016 0
2015 9 50,643
2014 34 257,295
2013 49 385,229
2012 54 377,995
2011 47 457,355
2010 43 408,541
2009 36 320,829
2008 16 96,002
2007 26 157,636
2006 60 564,737
2005 47 367,939
2004 26 53,746
Source: MSHA quarterly employment and production, updated weekly.

Chavies Job #7 sits in Perry County, Kentucky, where the Census mining category is 3.3% 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.
Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
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
2023 Q1 4,213 0 0 0.0
2022 Q4 8,695 0 0 0.0
2022 Q3 9,420 1 1 106.2
2022 Q2 14,964 1 0 66.8
2022 Q1 15,471 0 0 0.0
2021 Q4 14,393 0 0 0.0
2021 Q3 10,086 7 0 694.0
2021 Q2 7,165 0 0 0.0
Show 47 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q1 0 0 0
2015 Q4 3,443 0 0 0.0
2015 Q3 523 0 0 0.0
2015 Q2 4,778 0 0 0.0
2015 Q1 10,452 5 0 478.4
2014 Q4 19,358 0 0 0.0
2014 Q3 19,055 0 0 0.0
2014 Q2 21,912 6 1 273.8
2014 Q1 20,513 5 2 243.7
2013 Q4 24,479 3 0 122.6
2013 Q3 28,584 0 0 0.0
2013 Q2 34,571 7 4 202.5
2013 Q1 29,899 7 2 234.1
2012 Q4 27,882 0 0 0.0
2012 Q3 31,050 7 3 225.4
2012 Q2 32,224 0 0 0.0
2012 Q1 32,414 0 0 0.0
2011 Q4 31,803 3 2 94.3
2011 Q3 31,103 28 17 900.2
2011 Q2 29,497 4 1 135.6
2011 Q1 26,059 11 11 422.1
2010 Q4 26,974 8 2 296.6
2010 Q3 26,513 22 8 829.8
2010 Q2 31,114 0 0 0.0
2010 Q1 23,488 19 4 808.9
2009 Q4 20,207 0 0 0.0
2009 Q3 17,227 14 5 812.7
2009 Q2 20,042 3 1 149.7
2009 Q1 24,096 3 0 124.5
2008 Q4 18,113 0 0 0.0
2008 Q3 3,837 2 0 521.2
2008 Q2 0 0 0
2008 Q1 3,136 0 0 0.0
2007 Q4 5,288 2 1 378.2
2007 Q3 2,249 0 0 0.0
2007 Q2 14,169 0 0 0.0
2007 Q1 24,066 22 8 914.2
2006 Q4 36,347 0 0 0.0
2006 Q3 38,533 2 2 51.9
2006 Q2 43,374 0 0 0.0
2006 Q1 42,312 2 0 47.3
2005 Q4 41,418 0 0 0.0
2005 Q3 30,735 1 0 32.5
2005 Q2 21,860 0 0 0.0
2005 Q1 17,942 0 0 0.0
2004 Q4 18,868 1 1 53.0
2004 Q3 5,480 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2022 · 1 incident

June 8, 2022 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
B & W Resources Inc · Over-exertion in lifting objects

As the employee climbed onto the water truck, EE heard and felt a large pop in the right shoulder. This was immediately followed by intense pain and lack of movement.

2012 · 1 incident

April 25, 2012 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
B & W Resources Inc · Struck against a moving object

Operating a dozer and felt pain in back & neck.

2011 · 1 incident

November 15, 2011 KY · Coal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
B & W Resources Inc · Struck against stationary object

Changing oil in a drill. He dropped a filter and reached to get it and cut left hand on piece of metal.

2010 · 1 incident

May 21, 2010 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
B & W Resources Inc · Fall from machine

As EE was walking down the ladder on a Cat. 992G Loader, he lost his footing, causing him to fall and striking his back on the metal steps. Diagnosis is pending.