Mining Incidents

Hazard Job #6: 136 MSHA citations Coal

B & W Resources Inc · Surface
Controlled by Lipari Energy
Hazard, Perry County, KY  ·  Abandoned
MSHA Mine ID: 1518777

Hazard Job #6 has $25K in proposed MSHA penalties and $1K outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2006–2017
Latest incident
Feb 2017
Compliance record
MSHA citations since 2005
136
citations
63
significant & substantial
$25,277
proposed penalties
$23,723
paid to date
94% of proposed penalties paid to date, a $1,554 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
43
inspections on record
1,361
inspection hours
10.0
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.
136 citations across 1,361 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2013-05-14.
On record since 2013.
Source: MSHA imminent-danger order records, updated weekly.

Hazard Job #6 has $25K in proposed MSHA penalties and $1K outstanding across 7 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.
$25K
proposed penalties
$25K
current assessed
$24K
paid to date
$1K
outstanding
132 assessments are final orders; 7 contested dockets.
Of $5K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2018-01-26.
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.
47.7%
significant & substantial
2.3%
high negligence or reckless
47.7%
reasonably likely or greater
6.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.8% low, 90.9% moderate, 2.3% 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.
24 citations taken to the federal commission · 18% of citations on record
  • Settled 23 · 96%
  • Stood as issued 1 · 4%
100%
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 10 decided S&S contests · industry: 79%
7%
Penalty reduction in decided contests
$5K 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 2018-03-27.
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 2016-0340 Settlement Feldman 2016 $1K → $1K
KENT 2018-0213 Default Lesnick 2018 $1K → $1K
KENT 2015-0642 Settlement Andrews 2015 $950 → $850
KENT 2015-0564 Settlement Andrews 2015 $824 → $824
KENT 2015-0613 Settlement Andrews 2015 $540 → $440
KENT 2009-564 Settlement Lesnick 2010 $312 → $312
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Hazard Job #6 shows 100% of 135 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: 2018-04-27, 8 years ago
100%
within 1.5 mg/m3
135
samples
1.40
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.
89 samples taken by MSHA inspectors, 46 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR58
  • HIGHWALL DRILL OPERATOR23
  • HIGHLIFT OPERATOR/FRONT END LOADER17

Silica (quartz)

Last sampled: 2015-06-10, 11 years ago
23.8
silica avg (%)
3
samples
36.6
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR2
  • HIGHWALL DRILL 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: 2018-02-26, 8 years ago
0%
over PEL
76
samples
Most-sampled occupations
  • BULLDOZER OPERATOR19
  • HIGHLIFT OPERATOR/FRONT END LOADER14
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE14
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
2018 100% 8
2017 100% 2
2016 100% 22
2015 100% 24
2013 100% 3
2008 100% 15
2007 100% 17
2006 100% 29
2005 100% 15
Silica (quartz) by year
Year silica avg (%) samples
2015 3.5 1
2008 31.3 1
2005 36.6 1
Noise by year
Year over PEL samples
2018 0% 5
2016 0% 20
2015 0% 9
2013 0% 3
2008 0% 10
2007 0% 10
2006 0% 5
2005 0% 9
2004 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Hazard Job #6 recorded 8.92 reportable injury cases per 100 full-time workers in 2016.

Injury rate, 2016
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.
8.92
total case rate
8.92
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.79 and the all-US-mining average was 2.59 cases per 100 workers.
In Kentucky, coal mining averaged 4.56 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
2016 * 8.92 8.92 0.000
2015 * 9.92 4.96 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 5.87 1.96 0.000
2005 * 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 2007
  2. J & G Holdings, LLC 2007 to 2008
  3. B & W Resources Inc 2008 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)
2018 3 6,865
2017 4 55,189
2016 11 109,932
2015 17 197,933
2013 2 8,810
2009 0
2008 16 199,872
2007 22 147,475
2006 35 437,363
2005 32 511,357
2004 21 86,016
Source: MSHA quarterly employment and production, updated weekly.

Hazard Job #6 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
2018 Q2 1,664 0 0 0.0
2018 Q1 2,009 2 1 995.5
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 2,334 0 0 0.0
2017 Q1 5,864 0 0 0.0
2016 Q4 6,645 5 0 752.4
2016 Q3 5,350 1 0 186.9
Show 30 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q2 5,572 1 0 179.5
2016 Q1 4,851 6 2 1236.9
2015 Q4 9,368 4 1 427.0
2015 Q3 18,642 0 0 0.0
2015 Q2 10,850 18 10 1659.0
2015 Q1 1,481 2 0 1350.4
2013 Q4 0 0 0
2013 Q3 92 0 0 0.0
2013 Q2 2,682 3 0 1118.6
2009 Q3 0 0 0
2009 Q2 0 0 0
2009 Q1 0 0 0
2008 Q4 5,914 3 1 507.3
2008 Q3 15,470 0 0 0.0
2008 Q2 7,241 8 4 1104.8
2008 Q1 3,702 0 0 0.0
2007 Q4 7,736 6 0 775.6
2007 Q3 9,091 0 0 0.0
2007 Q2 9,303 4 4 430.0
2007 Q1 12,627 1 0 79.2
2006 Q4 30,242 0 0 0.0
2006 Q3 24,087 0 0 0.0
2006 Q2 25,039 2 2 79.9
2006 Q1 22,804 0 0 0.0
2005 Q4 23,847 2 2 83.9
2005 Q3 23,750 1 1 42.1
2005 Q2 17,910 1 1 55.8
2005 Q1 15,745 1 1 63.5
2004 Q4 16,388 0 0 0.0
2004 Q3 3,055 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2017 · 1 incident

February 22, 2017 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 against stationary object

Truck driver was moving a fuel hose by kicking it and suffered a broken right foot.

2016 · 1 incident

April 7, 2016 KY · Coal master mechanic, foreman, supervisor SLIP OR FALL OF PERSON
B & W Resources Inc · Fall to the walkway or working surface

Employee chose to travel through a work area where welding was taking place as opposed to around the area. The employee tripped over welding leads causing injuries to EE's right side.

2015 · 2 incidents

October 6, 2015 KY · Coal driller, highwall operator, highwall drill operator FIRE
B & W Resources Inc · Contact with hot objects or substances

Employee was performing maintenance operations on the superior highwall miner. As he began tighten bolts on the hydraulic filter his Hitachi Impact caught fire causing 2nd degree burns to his hands.

September 2, 2015 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
B & W Resources Inc · Struck against a moving object

The employee was injured during routine haulage operations while he was operating a caterpillar 40 ton articulating truck. The employee suffered from a cervical strain that occurred when the first bucket of material was loaded onto his truck.

2006 · 4 incidents

December 14, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech STEPPING OR KNEELING ON OBJECT
B&W Resources Inc · Struck against stationary object

As employee stepped down from the bumper of his mechanic's truck (a distance of approximately 24"), he stepped on a rock causing his left knee to give. He drove himself to the hospital where he was diagnosed as having possible ligament damage.

November 14, 2006 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
B&W Resources Inc · Struck against stationary object

While taking the rear-end out of a Cat 992D loader, a wrench slipped causing ee to cut his left hand. He drove himself to Hazard ARH where he received 2 stitches. He then returned to the job and continued to work.

April 14, 2006 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 (Not Elsewhere Classified)

EE was hooking a boom cable to a dozer fender when he caught his left ring finger in the cable as a result EE had to have 4 stitches to his finger.

February 22, 2006 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
B&W Resources Inc · Fall from machine

Employee was dismounting Mack-600 powder truck, slipping on last step falling to concrete pad, bruising right ankle.