Mining Incidents

Highsplint Strip: 196 MSHA citations Coal

Controlled by Joseph T Bennett
Evarts, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1518643

Highsplint Strip has $39K in proposed MSHA penalties and $662 outstanding across 23 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
23
Years on record
2004–2014
Latest incident
Sep 2014
Compliance record
MSHA citations since 2003
196
citations
24
significant & substantial
$39,388
proposed penalties
$31,833
paid to date
81% of proposed penalties paid to date, a $7,555 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
51
inspections on record
1,978
inspection hours
9.9
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.
196 citations across 1,978 inspection hours.
Source: MSHA inspections data, updated weekly.

Highsplint Strip has $39K in proposed MSHA penalties and $662 outstanding across 23 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.
$39K
proposed penalties
$32K
current assessed
$32K
paid to date
$662
outstanding
187 assessments are final orders; 23 contested dockets.
Of $30K in penalties contested before the Commission, $23K was upheld in final decisions.
As of the most recent assessment on 2017-04-07.
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.
12.5%
significant & substantial
0.0%
high negligence or reckless
12.5%
reasonably likely or greater
4.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 15.1% low, 84.4% moderate, 0.0% 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.
72 citations taken to the federal commission · 37% of citations on record
  • Settled 72 · 100%
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 17 decided S&S contests · industry: 79%
23%
Penalty reduction in decided contests
$30K proposed, $23K 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 2012-06-07.
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 2009-1541 Settlement McCarthy 2010 $8K → $6K
KENT 2010-227 Settlement Zielinski 2011 $5K → $3K
KENT 2008-714 Settlement Hodgdon 2008 $4K → $3K
KENT 2011-1515 Settlement Rae 2014 $3K → $3K
KENT 2012-18 Settlement Rae 2013 $1K → $1K
KENT 2008-715 Settlement Hodgdon 2008 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Highsplint Strip shows 98% of 225 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: 2017-04-21, 9 years ago
98%
within 1.5 mg/m3
225
samples
4.16
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.
133 samples taken by MSHA inspectors, 92 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR85
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE49
  • HIGHWALL DRILL OPERATOR39

Silica (quartz)

Last sampled: 2017-04-13, 9 years ago
16.4
silica avg (%)
11
samples
25.1
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR7
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE2
  • 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: 2017-04-07, 9 years ago
0%
over PEL
72
samples
Most-sampled occupations
  • BULLDOZER OPERATOR20
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE17
  • HIGHLIFT OPERATOR/FRONT END LOADER13
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
2017 100% 5
2016 100% 5
2012 100% 7
2011 100% 13
2010 100% 14
2009 100% 16
2008 100% 12
2007 100% 18
2006 100% 24
2005 100% 42
2004 94% 69
Silica (quartz) by year
Year silica avg (%) samples
2017 25.1 1
2006 14.3 1
2005 17.4 3
2004 14.7 6
Noise by year
Year over PEL samples
2017 0% 3
2016 0% 4
2012 0% 7
2011 0% 10
2010 0% 10
2009 0% 10
2007 0% 10
2006 0% 5
2004 0% 13
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Highsplint Strip recorded 9.47 reportable injury cases per 100 full-time workers in 2014.

Injury rate, 2014
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.
9.47
total case rate
9.47
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 2.93 cases per 100 workers.
In Kentucky, coal mining averaged 4.63 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
2014 * 9.47 9.47 0.000
2012 * 4.24 4.24 0.000
2011 3.21 3.21 0.000
2010 3.96 3.96 0.000
2009 2.21 1.11 0.000
2008 1.14 0.00 0.000
2007 2.46 2.46 0.000
2006 3.60 3.60 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. Dixie Fuel Company LLC 2003 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 0
2017 8
2016 10
2015 6
2014 7 60,158
2013 5 9,447
2012 20 57,184
2011 45 108,210
2010 54 133,790
2009 63 188,054
2008 63 323,842
2007 60 254,999
2006 61 234,778
2005 65 290,972
2004 53 236,132
2003 24 37,169
Source: MSHA quarterly employment and production, updated weekly.

Highsplint Strip sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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 Q1 0 0 0
2017 Q4 55 0 0 0.0
2017 Q3 469 0 0 0.0
2017 Q2 1,803 1 0 554.6
2017 Q1 2,001 0 0 0.0
2016 Q4 3,247 2 0 616.0
2016 Q3 2,361 0 0 0.0
2016 Q2 2,309 1 0 433.1
Show 50 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q1 2,323 3 0 1291.4
2015 Q4 2,150 0 0 0.0
2015 Q3 510 0 0 0.0
2015 Q2 1,122 0 0 0.0
2015 Q1 2,114 0 0 0.0
2014 Q4 2,999 0 0 0.0
2014 Q3 5,171 0 0 0.0
2014 Q2 7,594 0 0 0.0
2014 Q1 5,363 0 0 0.0
2013 Q4 4,824 0 0 0.0
2013 Q3 2,729 0 0 0.0
2013 Q2 2,477 0 0 0.0
2013 Q1 2,713 1 0 368.6
2012 Q4 9,860 0 0 0.0
2012 Q3 5,078 0 0 0.0
2012 Q2 10,715 1 0 93.3
2012 Q1 21,562 9 1 417.4
2011 Q4 30,557 0 0 0.0
2011 Q3 27,132 4 1 147.4
2011 Q2 29,517 8 1 271.0
2011 Q1 37,310 0 0 0.0
2010 Q4 38,172 6 1 157.2
2010 Q3 35,959 1 0 27.8
2010 Q2 34,513 2 0 57.9
2010 Q1 42,966 4 0 93.1
2009 Q4 44,994 0 0 0.0
2009 Q3 46,249 8 0 173.0
2009 Q2 47,089 16 3 339.8
2009 Q1 42,645 7 0 164.1
2008 Q4 39,899 0 0 0.0
2008 Q3 44,324 0 0 0.0
2008 Q2 45,815 8 0 174.6
2008 Q1 44,983 1 0 22.2
2007 Q4 41,323 12 5 290.4
2007 Q3 33,137 9 0 271.6
2007 Q2 41,750 0 0 0.0
2007 Q1 46,460 10 0 215.2
2006 Q4 43,069 0 0 0.0
2006 Q3 42,294 8 0 189.2
2006 Q2 38,917 1 0 25.7
2006 Q1 42,209 0 0 0.0
2005 Q4 47,673 6 0 125.9
2005 Q3 49,467 0 0 0.0
2005 Q2 44,902 10 1 222.7
2005 Q1 49,829 4 2 80.3
2004 Q4 54,990 6 0 109.1
2004 Q3 44,828 0 0 0.0
2004 Q2 30,402 10 2 328.9
2004 Q1 27,032 0 0 0.0
2003 Q4 15,829 5 0 315.9
No fatalities recorded at this mine.

Reportable incidents

23 on file

2014 · 1 incident

September 8, 2014 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Dixie Fuel Company LLC · Caught in, under or between (Not Elsewhere Classified)

Employee right leg was caught between two highwall miner beams, resulting in a fractured knee cap.

2012 · 1 incident

February 7, 2012 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Dixie Fuel Company LLC · Over-exertion in pulling or pushing objects

Ee was installing a rear end in a rock truck. All this pushing and pulling hurt his back. He can't have an MRI done because of medical reasons, so he doesn't know exactly what is wrong in this low back. Physical therapy seems to be helping, but its really too early to say.

2011 · 2 incidents

January 10, 2011 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Dixie Fuel Company LLC · Over-exertion in lifting objects

EE was helping the powder crew load a hole. As he was putting a wet bag in the hole, he felt something give in his groin. The diagnosis is hernia and he will have to have surgery to repair.

January 4, 2011 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Dixie Fuel Company LLC · Struck by... (Not Elsewhere Classified)

EE was assisting a mechanic. He was using a pry bar when it slipped, hitting a metal surface and pinched the end of his thumb off.

2010 · 3 incidents

December 18, 2010 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Dixie Fuel Company LLC · Struck by falling object

EE is a mechanic. His service truck had broken down. He was under the truck removing the drive line when dirt fell into his eye. First aid was administered. He went to the ER and eye doctor. No damage to eye. Returned to work after one day off.

April 19, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Dixie Fuel Company LLC · Struck against a moving object

EE drives an off road dump truck. When he was dumping his load, the jack failed and the bed came down hard causing him to bounced in his seat. Took one day off and then came back to work, no problems.

January 4, 2010 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Dixie Fuel Company LLC · Over-exertion (Not Elsewhere Classified)

EE drives a rock truck at a surface mine. He has expericence back strain over the years. On this date, it became acute and he has sought medical relief.

2009 · 2 incidents

August 3, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Dixie Fuel Company LLC · Over-exertion in pulling or pushing objects

Ee was using a hand shovel trying to pry a rock from the track on a dozer. He knew his shoulder was hurt immediately. He had to have surgery for a torn rotor cup in his shoulder.

May 6, 2009 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Dixie Fuel Company LLC · Fall onto or against objects

Ee was getting of dozer, slipped and fell hitting head on blade. Minor cut, required only two or three stitches. Ee went back to work.

2008 · 1 incident

January 21, 2008 KY · Coal grader operator, roadgrader operator MACHINERY
Dixie Fuel Company LLC · Struck against stationary object

Ee was operating a grader. He was going up hill when the engine stopped running. The grader then took off backwards down the hill. Ee jumped off. He received only minor injuries, in fact only very minor brusies.

2007 · 2 incidents

August 29, 2007 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Dixie Fuel Company LLC · Struck against a moving object

Ee is a truck driver. As he was waiting to get loaded a large rock fell into bed and jarred him while he sat in the cab.

June 26, 2007 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Dixie Fuel Company LLC · Over-exertion (Not Elsewhere Classified)

When Ee was stepping off truck, he twisted his knee

2006 · 4 incidents

August 15, 2006 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Dixie Fuel Company LLC · Struck against a moving object

Truck was being loaded and rocks fell into truck bed hard and threw truck driver against steering wheel

May 30, 2006 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Dixie Fuel Company LLC · Struck against stationary object

A large rock came from out of the mountains (not from the permitted area) and hit the truck Ee was driving. This knocked Ee from truck causing only bursies and strains. No bones broken. No cuts, only scratches.

January 6, 2006 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Dixie Fuel Company LLC · Caught in, under or between (Not Elsewhere Classified)

Employee was climbing steps to get into his truck; his foot slipped and as he fell his thumb got caught in the steps.

2005 · 4 incidents

December 13, 2005 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Dixie Fuel Company LLC · Fall from machine

Ee was fueling a dozer when his feet slipped and he fell off the dozer. His left ankle was severely sprained.

May 6, 2005 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Dixie Fuel Company LLC · Over-exertion (Not Elsewhere Classified)

Ee was dismounting dozer at end of shift and his knee seemed to be dislocated or pulled.

April 6, 2005 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Dixie Fuel Company LLC · Flash burns (welding)

EMPLOYEE WAS HELPING THE REPAIRMAN TO WORK ON A BUCKET. EE BEGAN WELDING ON THE BUCKET BEFORE HE GOT HIS HOOD INTO THE CORRECT POSITION CAUSING "WELDERS FLASH BURN TO THE EYES".

March 20, 2005 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Dixie Fuel Company LLC · Fall from machine

EE was climbing back onto deck of dozer and caught his boot laces in the battery box causing him to fall to ground.

2004 · 3 incidents

October 8, 2004 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Dixie Fuel Company LLC · Struck against a moving object

EE was on his way to pick up a load of rock in his truck, ee lost control of truck and ran into the ditch line injuring his arm and leg in cab of truck. This accident was reported to us on 10-18-04.

October 5, 2004 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Dixie Fuel Company LLC · Struck against a moving object

EMPLOYEE WAS WORKING DOZER IN ROCK PILE. A DUMP TRUCK WAS UNLOADING WHEN HIS BRAKES FAILED AND HIT THE DOZER KNOCKING EMPLOYEE AGAINST THE SEAT, SCRAPING AND BRUISING HIS LEFT THIGH. THIS ACCIDENT WAS REPORTED TO OUR COMPANY ON 10/18/04.

June 30, 2004 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver OTHER
Dixie Fuel Company LLC · Struck by flying object

EE WAS LOADING HIS COAL TRUCK WHEN THE WIND BLEW SOMETHING IN HIS EYE.