Mining Incidents

Highwall Miner No 1: 33 MSHA citations Coal

Appolo Fuels Inc · Surface
Controlled by Gary Asher
Middlesboro, Bell County, KY  ·  Abandoned
MSHA Mine ID: 1518388

Highwall Miner No 1 has $3K in proposed MSHA penalties and $535 outstanding across 0 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
10
Years on record
2001–2003
Latest incident
Jul 2003
Compliance record
MSHA citations since 2001
33
citations
18
significant & substantial
$2,638
proposed penalties
$2,103
paid to date
80% of proposed penalties paid to date, a $535 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
32
inspections on record
524
inspection hours
n/a
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.
Rate withheld: 524 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Highwall Miner No 1 has $3K in proposed MSHA penalties and $535 outstanding across 0 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.
$3K
proposed penalties
$3K
current assessed
$2K
paid to date
$535
outstanding
32 assessments are final orders; 0 contested dockets.
As of the most recent assessment on 2003-08-04.
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.
56.2%
significant & substantial
3.1%
high negligence or reckless
56.2%
reasonably likely or greater
6.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 9.4% low, 87.5% moderate, 3.1% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.

MSHA sampling at Highwall Miner No 1 shows 100% of 31 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: 2003-07-29, 23 years ago
100%
within 1.5 mg/m3
31
samples
1.47
dust max (mg/m3)
22 samples taken by MSHA inspectors, 9 by the operator.
Most-sampled occupations
  • AUGER HELPER12
  • HIGHLIFT OPERATOR/FRONT END LOADER7
  • BULLDOZER OPERATOR4

Silica (quartz)

Last sampled: 2003-04-07, 23 years ago
22.6
silica avg (%)
2
samples
33.3
silica max (%)
Most-sampled occupations
  • AUGER HELPER1
  • BULLDOZER 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: 2003-03-31, 23 years ago
20%
over PEL
10
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER4
  • BULLDOZER OPERATOR2
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE2
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
2003 100% 14
2002 100% 10
2001 100% 7
Silica (quartz) by year
Year silica avg (%) samples
2003 33.3 1
2002 11.8 1
Noise by year
Year over PEL samples
2003 20% 5
2001 20% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Highwall Miner No 1 recorded 10.73 reportable injury cases per 100 full-time workers in 2003.

Injury rate, 2003
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.
10.73
total case rate
10.73
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 5.87 and the all-US-mining average was 4.43 cases per 100 workers.
In Kentucky, coal mining averaged 6.65 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
2003 * 10.73 10.73 0.000
2002 7.80 7.80 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. Appolo Fuels Inc 2001 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)
2006 0
2005 0
2004 0
2003 28 203,436
2002 36 294,371
2001 25 166,817
Source: MSHA quarterly employment and production, updated weekly.

Highwall Miner No 1 sits in Bell County, Kentucky, where the Census mining category is 3.6% 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.
Bell County, Kentucky · Population 23,878
3.6%
Mining share of county employment
$32,403
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
2006 Q3 0 0 0
2006 Q2 0 0 0
2006 Q1 0 0 0
2005 Q4 0 0 0
2005 Q3 0 0 0
2005 Q2 0 0 0
2005 Q1 0 0 0
2004 Q4 0 0 0
Show 14 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2004 Q3 0 0 0
2004 Q2 0 0 0
2004 Q1 0 0 0
2003 Q4 9,087 0 0 0.0
2003 Q3 18,016 1 1 55.5
2003 Q2 23,857 3 0 125.7
2003 Q1 23,577 2 0 84.8
2002 Q4 26,273 0 0 0.0
2002 Q3 23,312 0 0 0.0
2002 Q2 25,853 0 0 0.0
2002 Q1 27,140 0 0 0.0
2001 Q4 25,777 14 7 543.1
2001 Q3 19,027 7 6 367.9
2001 Q2 1,120 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

10 on file

2003 · 5 incidents

July 19, 2003 KY · Coal backhoe operator, trackhoe operator, crane operator HANDLING OF MATERIALS
Appolo Fuels Inc · Over-exertion in lifting objects

EMPLOYEE WAS LOADING SCRAP METAL BY HAND, FELT PAIN IN LOWER BACK AND LEFT LEG, HE CONTINUED TO WORK UP TO 8-4-03, PAIN GOT TOO SEVERE, HE WENT TO DR, MAY HAVE DISC BULGED.

June 21, 2003 KY · Coal backhoe operator, trackhoe operator, crane operator HANDLING OF MATERIALS
Appolo Fuels Inc · Over-exertion in lifting objects

EMPLOYEE WAS HELPING WORK ON EXCAVATOR, LIFTED BATTERY COVERS OFF AND PUT THEM IN SERVICE TRUCK, FELT PAIN IN LOWER BACK. CHECKED BY LOCAL DR, GOING TO DO MRI, AS OF NOW MUSCLE STRAIN.

May 30, 2003 KY · Coal mine manager, mine foreman, mine owner HANDLING OF MATERIALS
Appolo Fuels Inc · Over-exertion in lifting objects

EMPLOYEE WAS ATTEMPTING TO MOVE A WATER PUMP - FELT DISCOMFORT IN ABDOMEN AROUND NAVEL. REASON FOR LATE REPORT DR SEEN 6-17-03. THEY SAID HERNIA & SURGERY 7-2-03. NO LOST TIME TO DATE.

February 25, 2003 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Appolo Fuels Inc · Struck by... (Not Elsewhere Classified)

EE WAS USING SLEDGE HAMMER TO DRIVE PIN BACK IN DOZER, MISSED PIN & HIT THUMB ON LEFT HAND. X-RAY SHOWED THUMB TO BE FRACTURED AT JOINT. HE WILL BE SEEING A SURGEON ON 2/27/03 FOR FURTHER EVAL UATION.

February 6, 2003 KY · Coal truck driver POWERED HAULAGE
Appolo Fuels Inc · Struck against a moving object

EMPLOYEE STATED MUST HAVE BEEN THE MOVEMENT UP, DOWN, ETC IN HAUL BACK TRUCK THAT CAUSED IRRITATION AND OR MASHED LEFT TESTIS. WHEN HE SAW DOCTOR ON 2/8/03, SWELLING, PAIN, & IRRITATION OF LEF T TESTI. HE WAS TOLD TO TAKE MEDS & STAY OFF ABOUT 1 WEEK.

2002 · 4 incidents

June 29, 2002 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Appolo Fuels Inc · Struck by... (Not Elsewhere Classified)

EE WAS WORKING REGULAR MAINTENANCE ON HIGHWALL MINER, SOMETHING CAUSED EYE IRRITATION (UNKNOWN) DUST OR SOMETHING. SAW EYE DOCTOR ON 7-1-02. EVERYTHING CHECKED OK.

June 6, 2002 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Appolo Fuels Inc · Struck against a moving object

EE WAS BRINGING DOZER OF BENCHED AREA. DOZER CAME DOWN ON BIG ROCK, WHEN DOZER CAME OFF ROCK IT JERKED HIM FORWARD & BACK, CAUSING NECK AND LOWER BACK PAIN, DR. TOLD HIM IT WAS SIMILAR TO WHIP LASH. SCHEDULED TO BE OFF TIL 6-26-02.

April 30, 2002 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Appolo Fuels Inc · Fall onto or against objects

EMPLOYEE WAS ATTEMPTING TO GET A PIN OUT OF MINER BEAM USING A PRY BAR, HE PUT FEET UP ON BAR FOR MORE LEVERAGE, FEET SLIPPED OFF CAUSING EMPLOYEE TO FALL ON KNEES HITTING METAL PLATFORM. CUT LOWER FRONT PART OF RIGHT LEG, HAD TO BE STITCHED UP, NO FRACTURE.

March 4, 2002 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Appolo Fuels Inc · Struck against a moving object

EE WAS OPERATING END LOADER MOVING MATERIAL, BUCKED MUST HIM UNDER ROCK SLIPPED OUT CAUSING HARD JOLT TO OPERATOR-STRAINED MUSCLE IN GROIN AREA-DR. TOLD HIM TO STAY OFF TILL SWELLING GOES DOWN .

2001 · 1 incident

August 8, 2001 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Appolo Fuels Inc · Over-exertion in lifting objects

EE WAS HELPING POWDER CREW LOAD HOLES WITH BAGS OF POWDER & FELT LIKE PULLED MUSCLE IN BACK, EE CONTINUED TO WORK BUT HAD TO GO TO DR. ON 8-13. FIRST DAY MISSED 8-14.