Mining Incidents

Highsplint Strip Job #26: 59 MSHA citations Coal

4TH Gen Fuels LLC · Surface
Highsplint, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1519455

Highsplint Strip Job #26 has $7K in proposed MSHA penalties and $100 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2010–2021
Latest incident
Feb 2021
Compliance record
MSHA citations since 2010
59
citations
3
significant & substantial
$6,840
proposed penalties
$6,665
paid to date
97% of proposed penalties paid to date, a $175 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
42
inspections on record
1,240
inspection hours
4.8
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.
59 citations across 1,240 inspection hours.
Source: MSHA inspections data, updated weekly.

Highsplint Strip Job #26 has $7K in proposed MSHA penalties and $100 outstanding across 2 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.
$7K
proposed penalties
$7K
current assessed
$7K
paid to date
$100
outstanding
59 assessments are final orders; 2 contested dockets.
Of $787 in penalties contested before the Commission, $712 was upheld in final decisions.
As of the most recent assessment on 2021-03-08.
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.
5.1%
significant & substantial
1.7%
high negligence or reckless
5.1%
reasonably likely or greater
1.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 27.1% low, 71.2% moderate, 1.7% 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.
2 citations taken to the federal commission · 3% of citations on record
  • Settled 2 · 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 2 decided S&S contests · industry: 79%
10%
Penalty reduction in decided contests
$787 proposed, $712 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 2013-02-04.
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 2012-1530 Settlement Bulluck 2013 $425 → $350
KENT 2013-442 Settlement Paez 2013 $362 → $362
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Highsplint Strip Job #26 shows 100% of 92 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: 2021-06-17, 5 years ago
100%
within 1.5 mg/m3
92
samples
1.30
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.
63 samples taken by MSHA inspectors, 29 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR33
  • HIGHWALL DRILL OPERATOR15
  • HIGHLIFT OPERATOR/FRONT END LOADER12

Silica (quartz)

Last sampled: 2021-03-09, 5 years ago
14.3
silica avg (%)
5
samples
34.0
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR3
  • BULLDOZER 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: 2021-03-02, 5 years ago
0%
over PEL
60
samples
Most-sampled occupations
  • BULLDOZER OPERATOR14
  • HIGHLIFT OPERATOR/FRONT END LOADER11
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE9
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
2021 100% 10
2020 100% 22
2019 100% 23
2014 100% 6
2013 100% 8
2012 100% 9
2011 100% 9
2010 100% 5
Silica (quartz) by year
Year silica avg (%) samples
2021 21.9 2
2020 4.7 1
2019 11.6 2
Noise by year
Year over PEL samples
2021 0% 10
2020 0% 10
2019 0% 10
2014 0% 3
2013 0% 8
2012 0% 5
2011 0% 9
2010 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Highsplint Strip Job #26 recorded 0.00 reportable injury cases per 100 full-time workers in 2020.

Injury rate, 2020
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 2.08 cases per 100 workers.
In Kentucky, coal mining averaged 3.67 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
2020 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2013 * 10.01 10.01 0.000
2012 * 0.00 0.00 0.000
2011 * 5.11 5.11 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 2009 to 2020
  2. 4TH Gen Fuels LLC 2020 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)
2021 4 19,517
2020 12 94,783
2019 9 104,884
2018 2 5,585
2017 4
2016 2
2015 5
2014 2
2013 12 35,618
2012 20 63,508
2011 12 31,742
2010 8 17,801
Source: MSHA quarterly employment and production, updated weekly.

Highsplint Strip Job #26 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
2021 Q4 0 0 0
2021 Q3 146 0 0 0.0
2021 Q2 1,130 0 0 0.0
2021 Q1 7,728 3 0 388.2
2020 Q4 8,247 0 0 0.0
2020 Q3 10,842 2 0 184.5
2020 Q2 9,523 0 0 0.0
2020 Q1 7,423 4 0 538.9
Show 37 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2019 Q4 7,589 0 0 0.0
2019 Q3 7,096 4 0 563.7
2019 Q2 7,055 0 0 0.0
2019 Q1 5,277 1 0 189.5
2018 Q4 2,102 0 0 0.0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 96 0 0 0.0
2016 Q4 6 0 0 0.0
2016 Q3 0 0 0
2016 Q2 20 0 0 0.0
2016 Q1 226 0 0 0.0
2015 Q4 192 0 0 0.0
2015 Q3 781 0 0 0.0
2015 Q2 283 0 0 0.0
2015 Q1 312 4 0 12820.5
2014 Q4 0 0 0
2014 Q3 364 1 0 2747.3
2014 Q2 1,560 2 0 1282.1
2014 Q1 1,566 2 0 1277.1
2013 Q4 1,560 0 0 0.0
2013 Q3 7,540 1 0 132.6
2013 Q2 15,700 0 0 0.0
2013 Q1 15,179 7 0 461.2
2012 Q4 7,889 1 1 126.8
2012 Q3 12,285 6 0 488.4
2012 Q2 12,270 1 1 81.5
2012 Q1 17,006 4 0 235.2
2011 Q4 11,095 1 0 90.1
2011 Q3 10,959 0 0 0.0
2011 Q2 9,354 6 0 641.4
2011 Q1 7,728 3 0 388.2
2010 Q4 6,057 0 0 0.0
2010 Q3 4,606 0 0 0.0
2010 Q2 7,249 2 0 275.9
No fatalities recorded at this mine.

Reportable incidents

5 on file

2021 · 1 incident

February 2, 2021 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
4TH Gen Fuels LLC · Struck by falling object

Dozer was being worked on the dozer push arm slipped off roller frame and hit injured worker's lower leg and foot.

2013 · 2 incidents

May 29, 2013 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)

Employee twisted ankle while walking.

2011 · 1 incident

August 18, 2011 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Dixie Fuel Company LLC · Struck against a moving object

Ee is a dozer operator. He back over a rock that was not in his eyesight causing a jolt of the machine. This jolt caused him to be jarred severely causing a hurt back. He missed two days and is not back to work with very little problem.

2010 · 1 incident

August 23, 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 was operating a haul back truck. It hit a rough spot in the road which jerked him sideways in the cab. This caused a strained back. Two days off and physical therapy has allowed EE to return to work with no problems.