Mining Incidents

Mitco Job #12: 97 MSHA citations Coal

B&W Resources, Inc. · Surface
Controlled by Lipari Energy
BRUTUS, Clay County, KY  ·  Abandoned
MSHA Mine ID: 1519503

Mitco Job #12 has $15K in proposed MSHA penalties and $6K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
9
Years on record
2011–2014
Latest incident
Oct 2014
Compliance record
MSHA citations since 2010
97
citations
34
significant & substantial
$14,929
proposed penalties
$8,483
paid to date
57% of proposed penalties paid to date, a $6,446 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
21
inspections on record
752
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: 752 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Mitco Job #12 has $15K in proposed MSHA penalties and $6K 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.
$15K
proposed penalties
$15K
current assessed
$8K
paid to date
$6K
outstanding
92 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2014-11-19.
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.
37.0%
significant & substantial
5.4%
high negligence or reckless
37.0%
reasonably likely or greater
5.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.3% low, 91.3% moderate, 5.4% 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 · 5% of citations on record
  • Settled 1 · 20%
  • Stood as issued 4 · 80%
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 4 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$2K proposed, $2K 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 2014-02-03.
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 2010-1435 Default Lesnick 2011 $1K → $1K
KENT 2014-0236 Settlement Feldman 2014 $634 → $634
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mitco Job #12 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: 2014-11-19, 11 years ago
100%
within 1.5 mg/m3
31
samples
0.59
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.
30 samples taken by MSHA inspectors, 1 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • HIGHLIFT OPERATOR/FRONT END LOADER6
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE6

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: 2014-11-19, 11 years ago
3%
over PEL
37
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER8
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE7
  • BACKHOE OPERATOR5
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
2014 100% 7
2013 100% 5
2011 100% 15
2010 100% 4
Noise by year
Year over PEL samples
2014 0% 13
2013 0% 5
2011 7% 15
2010 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mitco Job #12 recorded 14.42 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.
14.42
total case rate
7.21
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 * 14.42 7.21 0.000
2011 * 7.31 3.66 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. B&W Resources, Inc. 2010 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)
2014 23 124,193
2013 19 33,025
2012 2 4,072
2011 22 216,714
2010 16 101,502
Source: MSHA quarterly employment and production, updated weekly.

Mitco Job #12 sits in Clay County, Kentucky, where the Census mining category is 0.9% 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.
Clay County, Kentucky · Population 20,105
0.9%
Mining share of county employment
$39,607
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
2014 Q4 10,342 7 1 676.9
2014 Q3 14,809 0 0 0.0
2014 Q2 16,331 12 2 734.8
2014 Q1 13,993 4 1 285.9
2013 Q4 14,968 17 3 1135.8
2013 Q3 7,477 8 1 1069.9
2012 Q1 639 0 0 0.0
2011 Q4 12,488 0 0 0.0
Show 6 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q3 14,781 1 1 67.7
2011 Q2 14,249 3 0 210.5
2011 Q1 13,192 0 0 0.0
2010 Q4 11,990 2 1 166.8
2010 Q3 4,868 7 3 1438.0
2010 Q2 4,238 4 3 943.8
No fatalities recorded at this mine.

Reportable incidents

9 on file

2014 · 4 incidents

October 23, 2014 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
B&W Resources, Inc. · Flash burns (welding)

A mechanic failed to wear appropriate eye and face protection while assisting a welder during welding operations. The mechanic suffered from eye discomfort with no permanent damage.

August 13, 2014 KY · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
B&W Resources, Inc. · Fall to the walkway or working surface

An employee was working on wet uneven ground located near the highwall miner pit. As the employee began rolling the fuel hose into the rear section of the 2003 Peterbilt fuel truck he attempted to kick the fuel hose to help guide the hose into the hose reel. This twisted him around causing him to loose his footing and fall to one knee, resulting in an injury to his back.

July 14, 2014 KY · Coal electrician, lineman DISORDERS (PHYSICAL AGENTS)
B&W Resources, Inc. · Contact with heat

The employee was performing duties that consisted of welding and the use of cutting torches while wearing protective equipment in temperatures ranging between 85 and 90 degrees.

June 27, 2014 KY · Coal miner, prospector, nec DISORDERS (PHYSICAL AGENTS)
B&W Resources, Inc. · Contact with heat

Hydro-seeding in 90 degree temperatures. Employees duties required him to climb up and down steep slopes, while dragging a 2 inch hydro-seeding hose. The employee had consumed little to no water when he initially became dizzy and disoriented. During transportation to the hospital the employee passed out.

2013 · 3 incidents

October 15, 2013 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech EXPLODING VESSELS UNDER PRESSURE
B&W Resources, Inc. · Struck by flying object

During the removal of the stick jack on a PC300 Komatsu excavator, an oring seal failed releasing hydraulic oil pressure which struck the mechanic in the left forearm. This resulted in bruising and swelling of the injured area. After X-rays and a medical examination it was determined no fluid had entered the skin.

October 2, 2013 KY · Coal greaser, grease man, oiler, lube man, dragline oiler MACHINERY
B&W Resources, Inc. · Struck by flying object

While observing the installation of the master link in the highwall miner belly chain, a small piece of metal broke loose and struck EE in the right forearm. Resulting in a small laceration and the embedding of the foreign object. EE treated at the Hospital with a tetanus shot and a prescription anti-biotic.

September 11, 2013 KY · Coal miner, prospector, nec MACHINERY
B&W Resources, Inc. · Struck by... (Not Elsewhere Classified)

Due to the buildup of material in the catchment bench, a Komatsu PC300 excavator was being used to remove material and buildup the outer berm. The PC300 lost control of a large rock that traveled approximately 600' downhill and passed through a mobile home. The home was damaged beyond repair. The occupant was bruised up after falling through the floor.

2011 · 2 incidents

September 9, 2011 KY · Coal outside foreman, leadman HANDTOOLS (NONPOWERED)
B&W Resources, Inc. · Struck by... (Not Elsewhere Classified)

Driving a pin in miner and piece of metal chipped off causing f/b in left arm.

May 10, 2011 KY · Coal driller, highwall operator, highwall drill operator SLIP OR FALL OF PERSON
B&W Resources, Inc. · Fall to the walkway or working surface

Moving Highwall Miner Cable and got tangled in cable. Fell & strained back.