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HWM #73: 73 MSHA citations Coal

Partridge, Harlan County, KY  ·  Active
MSHA Mine ID: 4609414

HWM #73 has $53K in proposed MSHA penalties and $0 outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2013–2025
Latest incident
Apr 2025
Compliance record
MSHA citations since 2011
73
citations
18
significant & substantial
$53,316
proposed penalties
$18,089
paid to date
34% of proposed penalties paid to date, a $35,227 gap.
Source: MSHA violations data, updated weekly.
See Commonwealth Mining, LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2011
58
inspections on record
1,705
inspection hours
4.3
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.
73 citations across 1,705 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: 2013-09-23.
On record since 2013.
Source: MSHA imminent-danger order records, updated weekly.

HWM #73 has $53K in proposed MSHA penalties and $0 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.
$53K
proposed penalties
$18K
current assessed
$18K
paid to date
$0
outstanding
69 assessments are final orders; 7 contested dockets.
Of $44K in penalties contested before the Commission, $9K was upheld in final decisions.
As of the most recent assessment on 2026-06-30.
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.
25.4%
significant & substantial
7.0%
high negligence or reckless
25.4%
reasonably likely or greater
33.8%
permanently disabling or fatal if injury occurs
Negligence coding: 1.4% none, 25.4% low, 66.2% moderate, 7.0% 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.
19 citations taken to the federal commission · 26% of citations on record
  • Settled 18 · 95%
  • Vacated or withdrawn 1 · 5%
78%
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 9 decided S&S contests · industry: 79%
80%
Penalty reduction in decided contests
$44K proposed, $9K 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 2020-11-04.
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
VA 2018-0169 Settlement Rae 2019 $28K → $2K
VA 2019-0046 Settlement Rae 2019 $6K → $2K
VA 2018-0097 Settlement Rae 2019 $3K → $750
VA 2020-0054 Settlement Bulluck 2021 $3K → $1K
VA 2018-0171 Settlement Rae 2019 $2K → $2K
VA 2020-0021 Settlement Bulluck 2021 $2K → $901
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at HWM #73 shows 99% of 122 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: 2026-06-25
99%
within 1.5 mg/m3
122
samples
2.09
dust max (mg/m3)
1
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.
116 samples taken by MSHA inspectors, 6 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER27
  • AUGER OPERATOR25
  • FORKLIFT OPERATOR13

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: 2026-06-25
5%
over PEL
99
samples
Most-sampled occupations
  • AUGER OPERATOR19
  • HIGHLIFT OPERATOR/FRONT END LOADER19
  • FORKLIFT OPERATOR14
See US mines ranked by noise samples over the legal limit.
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
2026 100% 8
2025 100% 8
2024 100% 7
2023 100% 9
2022 100% 8
2021 100% 7
2020 100% 5
2019 100% 9
2018 100% 4
2017 93% 15
2016 100% 7
2015 100% 8
2014 100% 6
2013 100% 4
2012 100% 12
2011 100% 5
Noise by year
Year over PEL samples
2026 0% 8
2025 13% 8
2024 14% 7
2023 0% 10
2022 0% 5
2021 0% 4
2020 0% 5
2019 0% 5
2018 0% 4
2017 10% 10
2016 0% 7
2015 0% 4
2014 0% 3
2012 13% 15
2011 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

HWM #73 recorded 9.68 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
ⓘ 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.
9.68
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In Kentucky, coal mining averaged 4.08 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
2025 * 9.68 0.00 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 5.50 5.50 0.000
2017 * 0.00 0.00 0.000
2014 * 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 2011 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)
2026 8 40,936
2025 8 59,538
2024 11 88,399
2023 13 109,040
2022 11 79,027
2021 8 110,142
2020 7 21,117
2019 14 115,206
2018 17
2017 14
2016 7
2015 7
2014 12
2013 19
2012 26
Source: MSHA quarterly employment and production, updated weekly.

HWM #73 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
2026 Q2 4,205 2 0 475.6
2026 Q1 4,557 5 0 1097.2
2025 Q4 4,288 0 0 0.0
2025 Q3 4,539 0 0 0.0
2025 Q2 6,133 2 0 326.1
2025 Q1 5,694 3 0 526.9
2024 Q4 5,224 0 0 0.0
2024 Q3 6,558 0 0 0.0
Show 50 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 4,532 0 0 0.0
2024 Q1 5,904 1 0 169.4
2023 Q4 7,971 0 0 0.0
2023 Q3 6,858 0 0 0.0
2023 Q2 7,423 2 0 269.4
2023 Q1 6,266 1 1 159.6
2022 Q4 7,348 0 0 0.0
2022 Q3 6,912 0 0 0.0
2022 Q2 4,477 0 0 0.0
2022 Q1 4,143 0 0 0.0
2021 Q4 6,129 0 0 0.0
2021 Q3 4,439 0 0 0.0
2021 Q2 2,575 0 0 0.0
2021 Q1 3,503 3 0 856.4
2020 Q4 1,188 0 0 0.0
2020 Q3 0 0 0
2020 Q2 3,571 0 0 0.0
2020 Q1 5,962 4 1 670.9
2019 Q4 8,134 0 0 0.0
2019 Q3 7,418 4 1 539.2
2019 Q2 6,933 0 0 0.0
2019 Q1 7,474 6 0 802.8
2018 Q4 8,164 0 0 0.0
2018 Q3 9,672 8 4 827.1
2018 Q2 9,784 1 0 102.2
2018 Q1 8,723 15 5 1719.6
2017 Q4 7,397 0 0 0.0
2017 Q3 9,202 1 0 108.7
2017 Q2 6,906 0 0 0.0
2017 Q1 5,737 3 1 522.9
2016 Q4 5,627 0 0 0.0
2016 Q3 3,521 1 0 284.0
2016 Q2 0 0 0
2016 Q1 4,383 0 0 0.0
2015 Q4 3,891 0 0 0.0
2015 Q3 5,214 1 0 191.8
2015 Q2 702 0 0 0.0
2015 Q1 2,530 1 0 395.3
2014 Q4 4,564 0 0 0.0
2014 Q3 5,379 0 0 0.0
2014 Q2 5,900 1 0 169.5
2014 Q1 10,427 0 0 0.0
2013 Q4 6,773 0 0 0.0
2013 Q3 7,532 1 0 132.8
2013 Q2 10,983 0 0 0.0
2013 Q1 9,271 0 0 0.0
2012 Q4 13,639 0 0 0.0
2012 Q3 14,190 2 1 140.9
2012 Q2 15,864 0 0 0.0
2012 Q1 13,470 1 0 74.2
No fatalities recorded at this mine.

Reportable incidents

6 on file

2025 · 1 incident

April 14, 2025 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Commonwealth Mining, LLC · Over-exertion in lifting objects

EE attempted to lift DEF fluid and experienced severe lower back pain. EE requested to be taken to Hospital. MSHA Inspector interviewed EE and recommend this to be a reportable accident. EE also spoke to Superintendent and Foreman.

2018 · 2 incidents

March 16, 2018 KY · Coal INUNDATION
Commonwealth Mining, LLC · Accident type, without injuries

73 Highwall Miner inadvertently cut into an abandoned underground mine causing the HWM #73 Miner pit to become floooded

February 3, 2018 KY · Coal electrician, lineman SLIP OR FALL OF PERSON
Commonwealth Mining, LLC · Fall to the walkway or working surface

Employee was attempting to tighten bolts on a cutterhead module of a Highwall Miner when the wrench slipped and employee fell to the ground breaking right leg.

2016 · 1 incident

September 7, 2016 KY · Coal electrician, lineman MACHINERY
Commonwealth Mining, LLC · Caught in, under or between a moving and a stationary object

EE was attempting to install anchor pin and pin moved and mashed left pinkie finger between anchor pin and the Highwall Mine removing it at the first joint.

2013 · 2 incidents

November 21, 2013 KY · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Commonwealth Mining, LLC · Struck by flying object

Holding roller chain with hammer while another employee was attempting to knock out a connecting link with a hammer and a sliver of metal struck employee under his safety glasses

November 18, 2013 KY · Coal driller, highwall operator, highwall drill operator HANDTOOLS (NONPOWERED)
Commonwealth Mining, LLC · Struck by... (Not Elsewhere Classified)

While knocking pins out of the Right Angle Conveyor of the Pasco Highwall Miner with a slate bar the the pins came out causing the slate bar to strike the employee in the hand and face.