Mining Incidents

Owls Nest Job #8: 294 MSHA citations Coal

B & W Resources Inc · Surface
Controlled by Lipari Energy
Hyden, Leslie County, KY  ·  Abandoned
MSHA Mine ID: 1519008

Owls Nest Job #8 has $147K in proposed MSHA penalties and $109K outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2008–2011
Latest incident
Jun 2011
Compliance record
MSHA citations since 2007
294
citations
151
significant & substantial
$146,682
proposed penalties
$33,798
paid to date
23% of proposed penalties paid to date, a $112,884 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
37
inspections on record
1,715
inspection hours
17.1
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.
294 citations across 1,715 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: 2013-10-21.
On record since 2013.
Source: MSHA imminent-danger order records, updated weekly.

Owls Nest Job #8 has $147K in proposed MSHA penalties and $109K outstanding across 9 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.
$147K
proposed penalties
$143K
current assessed
$34K
paid to date
$109K
outstanding
284 assessments are final orders; 9 contested dockets.
Of $21K in penalties contested before the Commission, $17K was upheld in final decisions.
As of the most recent assessment on 2014-06-17.
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.
53.2%
significant & substantial
2.5%
high negligence or reckless
53.2%
reasonably likely or greater
15.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.0% low, 90.5% moderate, 2.1% high, 0.4% 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.
30 citations taken to the federal commission · 10% of citations on record
  • Settled 25 · 83%
  • Stood as issued 5 · 17%
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 18 decided S&S contests · industry: 79%
17%
Penalty reduction in decided contests
$21K proposed, $17K 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 2014-05-27.
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 2010-1434 Settlement Melick 2012 $11K → $8K
KENT 2012-371 Settlement Lesnick 2012 $6K → $6K
KENT 2011-483 Settlement Tureck 2011 $1K → $1K
KENT 2014-122 Settlement Miller 2014 $850 → $663
KENT 2014-184 Settlement Miller 2014 $499 → $399
KENT 2014-0527 Settlement Andrews 2014 $499 → $392
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Owls Nest Job #8 shows 99% of 120 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: 2015-02-12, 11 years ago
99%
within 1.5 mg/m3
120
samples
1.67
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.
84 samples taken by MSHA inspectors, 36 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR48
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE33
  • HIGHWALL DRILL OPERATOR15

Silica (quartz)

Last sampled: 2010-11-16, 15 years ago
18.9
silica avg (%)
5
samples
45.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR3
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE2

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: 2014-05-20, 12 years ago
1%
over PEL
74
samples
Most-sampled occupations
  • BULLDOZER OPERATOR21
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE17
  • HIGHLIFT OPERATOR/FRONT END LOADER13
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
2015 100% 2
2014 100% 8
2013 100% 12
2012 100% 11
2011 100% 21
2010 94% 17
2009 100% 16
2008 100% 21
2007 100% 12
Silica (quartz) by year
Year silica avg (%) samples
2010 0.3 2
2009 40.5 2
2007 13.0 1
Noise by year
Year over PEL samples
2014 0% 5
2013 0% 10
2012 0% 10
2011 0% 5
2010 0% 10
2009 10% 10
2008 0% 15
2007 0% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Owls Nest Job #8 recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 * 2.98 2.98 0.000
2010 * 5.56 5.56 0.000
2009 1.56 1.56 0.000
2008 1.54 1.54 0.000
2007 * 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. B & W Resources Inc 2006 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)
2015 3
2014 11 57,886
2013 17 150,622
2012 19 146,229
2011 26 189,601
2010 28 320,139
2009 46 516,345
2008 49 775,066
2007 30 267,885
2006 8
Source: MSHA quarterly employment and production, updated weekly.

Owls Nest Job #8 sits in Leslie County, Kentucky, where the Census mining category is 10.6% 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.
Leslie County, Kentucky · Population 10,261
10.6%
Mining share of county employment
$40,176
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
2015 Q2 1,328 0 0 0.0
2015 Q1 1,791 0 0 0.0
2014 Q4 5,319 0 0 0.0
2014 Q3 9,034 0 0 0.0
2014 Q2 8,155 1 1 122.6
2014 Q1 7,211 0 0 0.0
2013 Q4 11,099 3 2 270.3
2013 Q3 9,591 2 2 208.5
Show 28 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q2 10,634 5 0 470.2
2013 Q1 11,377 0 0 0.0
2012 Q4 12,496 2 0 160.1
2012 Q3 9,684 0 0 0.0
2012 Q2 8,027 1 0 124.6
2012 Q1 13,367 0 0 0.0
2011 Q4 18,088 5 3 276.4
2011 Q3 19,517 0 0 0.0
2011 Q2 16,825 9 3 534.9
2011 Q1 12,709 0 0 0.0
2010 Q4 10,878 7 3 643.5
2010 Q3 18,988 0 0 0.0
2010 Q2 19,801 10 5 505.0
2010 Q1 22,332 3 1 134.3
2009 Q4 32,791 22 10 670.9
2009 Q3 27,400 1 1 36.5
2009 Q2 30,742 17 6 553.0
2009 Q1 37,331 0 0 0.0
2008 Q4 35,193 3 1 85.2
2008 Q3 38,621 0 0 0.0
2008 Q2 31,380 6 2 191.2
2008 Q1 24,476 3 2 122.6
2007 Q4 18,017 0 0 0.0
2007 Q3 22,069 0 0 0.0
2007 Q2 11,726 1 1 85.3
2007 Q1 11,666 2 2 171.4
2006 Q4 5,276 0 0 0.0
2006 Q3 0 0 0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2011 · 1 incident

June 23, 2011 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
B & W Resources Inc · Struck against a moving object

Questionable incident - Employee was operating a D10R dozer and ran over what appears to be a primer or large bolter causing the dozer to bounce straining back, neck, & shoulder. Employee continued to work. Lost time began 09-06-11 possibly related to this incident.

2010 · 2 incidents

June 23, 2010 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
B & W Resources Inc · Struck against a moving object

While EE was prying at a rock with his loader bucket, the bucket slipped, causing a quick jerk to EE's back. Diagnosis is pending.

March 27, 2010 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
B & W Resources Inc · Struck against a moving object

At end of shift, while tramming Cat. 992K to parking lot, EE drove through a dip in the road, causing a quick jerk to his back. Diagnosis is pending an MRI.

2009 · 1 incident

October 5, 2009 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
B & W Resources Inc · Struck against a moving object

EE was pushing in a shot when he backed into a rock causing a quick jerk to his lower back. EE is off work pending the results of an MRI.

2008 · 1 incident

May 16, 2008 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
B & W Resources Inc · Struck against a moving object

Employee was pushing rock with a Cat. D11 dozer when the blade of the dozer slipped on a rock, causing a quick jerk to the operator. Employee complained of lower back pain. He drove himself to the Mary Breckingridge Hospital in Hyden, Ky where an MRI is pending.