Mining Incidents

HWM # 36: 44 MSHA citations Coal

Eolia, Letcher County, KY  ·  Abandoned
MSHA Mine ID: 3304709

HWM # 36 has $8K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2018
Latest incident
Mar 2018
Compliance record
MSHA citations since 2014
44
citations
11
significant & substantial
$7,834
proposed penalties
$7,453
paid to date
95% of proposed penalties paid to date, a $381 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2014
32
inspections on record
1,185
inspection hours
3.7
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.
44 citations across 1,185 inspection hours.
Source: MSHA inspections data, updated weekly.

HWM # 36 has $8K in proposed MSHA penalties and $0 outstanding across 1 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.
$8K
proposed penalties
$7K
current assessed
$7K
paid to date
$0
outstanding
43 assessments are final orders; 1 contested dockets.
Of $1K in penalties contested before the Commission, $893 was upheld in final decisions.
As of the most recent assessment on 2022-06-10.
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.
25.6%
significant & substantial
0.0%
high negligence or reckless
25.6%
reasonably likely or greater
30.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 41.9% low, 58.1% 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.
5 citations taken to the federal commission · 11% of citations on record
  • Settled 5 · 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 3 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$1K proposed, $893 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 2019-11-25.
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
WEVA 2020-0117 Settlement McCarthy 2020 $1K → $893
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at HWM # 36 shows 100% of 50 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: 2022-07-12, 4 years ago
100%
within 1.5 mg/m3
50
samples
0.46
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.
50 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • AUGER OPERATOR12
  • HIGHLIFT OPERATOR/FRONT END LOADER12
  • UTILITY MAN9

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: 2022-07-12, 4 years ago
0%
over PEL
48
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER11
  • AUGER OPERATOR10
  • UTILITY MAN8
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
2022 100% 9
2021 100% 9
2019 100% 8
2018 100% 8
2017 100% 5
2016 100% 3
2015 100% 5
2014 100% 3
Noise by year
Year over PEL samples
2022 0% 13
2021 0% 10
2019 0% 5
2018 0% 4
2017 0% 5
2016 0% 3
2015 0% 5
2014 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

HWM # 36 recorded 0.00 reportable injury cases per 100 full-time workers in 2021.

Injury rate, 2021
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 3.35 and the all-US-mining average was 2.19 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
2021 * 0.00 0.00 0.000
2018 * 5.79 5.79 0.000
2017 * 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. Commonwealth Mining, LLC 2014 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)
2022 12 73,988
2021 14 147,737
2020 8 60,823
2019 8 78,527
2018 20 105,465
2017 21 95,511
2016 3
2015 6
2014 11
Source: MSHA quarterly employment and production, updated weekly.

HWM # 36 sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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
2022 Q3 437 0 0 0.0
2022 Q2 6,009 8 5 1331.3
2022 Q1 6,133 4 1 652.2
2021 Q4 10,165 2 0 196.8
2021 Q3 7,721 0 0 0.0
2021 Q2 7,830 9 0 1149.4
2021 Q1 3,226 0 0 0.0
2020 Q4 1,054 0 0 0.0
Show 26 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2020 Q3 3,124 3 0 960.3
2020 Q2 2,812 2 0 711.2
2020 Q1 5,286 1 0 189.2
2019 Q4 3,748 0 0 0.0
2019 Q3 3,136 5 3 1594.4
2019 Q2 6,221 0 0 0.0
2019 Q1 2,746 0 0 0.0
2018 Q4 5,264 0 0 0.0
2018 Q3 12,720 0 0 0.0
2018 Q2 7,134 0 0 0.0
2018 Q1 9,397 0 0 0.0
2017 Q4 8,207 0 0 0.0
2017 Q3 13,334 0 0 0.0
2017 Q2 11,256 3 0 266.5
2017 Q1 10,601 5 1 471.7
2016 Q4 2,382 0 0 0.0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 1,925 0 0 0.0
2015 Q4 2,564 1 0 390.0
2015 Q3 3,110 0 0 0.0
2015 Q2 5,191 0 0 0.0
2015 Q1 4,295 0 0 0.0
2014 Q4 5,244 0 0 0.0
2014 Q3 5,643 1 1 177.2
2014 Q2 4,140 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2018 · 1 incident

March 7, 2018 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator MACHINERY
Commonwealth Mining, LLC · Struck by flying object

Crew was attempting to tram the Highwall Miner while victim in fork loader observed the trailing cable. From the confines of the loader 25 feet away a piece of metal from the Highwall Miner track flew through the slightly opened side glass of the loader striking the employee and causing employee to lose vision in left eye.