EE was on the ground as a spotter while the highwall miner was being trammed forward to the next entry when a sliver of metal sheered off the track from between the track and roller and struck ee in the right forearm
SHM 12 Highwall Miner: 59 MSHA citations Coal
Active Resources, Inc
· Surface
Controlled by
Jon Nix
Allen,
Floyd County,
KY
·
Temporarily Idled
MSHA Mine ID: 1519644
SHM 12 Highwall Miner has $10K in proposed MSHA penalties and $155 outstanding across 1 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 3
- Years on record
- 2016–2017
- Latest incident
- Nov 2017
Compliance record
MSHA citations since 2013
59
citations
11
significant & substantial
$9,557
proposed penalties
$9,115
paid to date
95% of proposed penalties paid to date, a $442 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2012
41
inspections on record
1,042
inspection hours
5.7
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.59 citations across 1,042 inspection hours.
Source: MSHA inspections data, updated weekly.
SHM 12 Highwall Miner has $10K in proposed MSHA penalties and $155 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.$10K
proposed penalties
$9K
current assessed
$9K
paid to date
$155
outstanding
58 assessments are final orders; 1 contested dockets.
Of $994 in penalties contested before the Commission, $707 was upheld in final decisions.
As of the most recent assessment on 2023-05-19.
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.19.0%
significant & substantial
0.0%
high negligence or reckless
19.0%
reasonably likely or greater
8.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.2% low, 94.8% 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.
3
citations taken to the federal commission · 5% of citations on record
- Settled 3 · 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 2 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$994 proposed, $707 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 2015-03-24.
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 2015-0390 | Settlement | Andrews | 2015 | $994 → $707 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at SHM 12 Highwall Miner shows 100% of 80 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: 2023-07-20, 3 years ago
ⓘ
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.100%
within 1.5 mg/m3
80
samples
1.24
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.71 samples taken by MSHA inspectors, 9 by the operator.
Most-sampled occupations
- AUGER OPERATOR30
- GROUNDMAN16
- HIGHLIFT OPERATOR/FRONT END LOADER16
Silica (quartz)
Last sampled: 2023-07-31, 3 years ago0.6
silica avg (%)
4
samples
1.0
silica max (%)
Most-sampled occupations
- AUGER OPERATOR4
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: 2023-07-20, 3 years ago
ⓘ
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.0%
over PEL
59
samples
Most-sampled occupations
- AUGER OPERATOR15
- HIGHLIFT OPERATOR/FRONT END LOADER11
- GROUNDMAN10
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 |
|---|---|---|
| 2023 | 100% | 5 |
| 2022 | 100% | 5 |
| 2021 | 100% | 8 |
| 2020 | 100% | 7 |
| 2019 | 100% | 18 |
| 2018 | 100% | 12 |
| 2017 | 100% | 4 |
| 2016 | 100% | 4 |
| 2015 | 100% | 3 |
| 2014 | 100% | 5 |
| 2013 | 100% | 8 |
| 2012 | 100% | 1 |
Silica (quartz) by year
| Year | silica avg (%) | samples |
|---|---|---|
| 2023 | 1 | |
| 2018 | 0.6 | 3 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2023 | 0% | 5 |
| 2022 | 0% | 3 |
| 2021 | 0% | 7 |
| 2019 | 0% | 8 |
| 2018 | 0% | 12 |
| 2017 | 0% | 4 |
| 2016 | 0% | 4 |
| 2015 | 0% | 4 |
| 2014 | 0% | 3 |
| 2013 | 0% | 9 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
- Pallas Highwall Mining, LLC 2012 to 2013
- Bundy Auger Mining, Inc. 2013 to 2023
- JHJN Resources, LLC 2021 to 2022
- Active Resources, Inc 2023 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) |
|---|---|---|
| 2023 | 4 | 22,244 |
| 2022 | 5 | 54,065 |
| 2021 | 6 | 126,430 |
| 2020 | 6 | 194,490 |
| 2019 | 5 | 172,173 |
| 2018 | 5 | 57,862 |
| 2017 | 5 | 91,823 |
| 2016 | 1 | 8,472 |
| 2015 | 6 | 51,135 |
| 2014 | 3 | 79,888 |
| 2013 | 5 | 104,780 |
Source: MSHA quarterly employment and production, updated weekly.
SHM 12 Highwall Miner sits in Floyd County, Kentucky, where the Census mining category is 4.4% 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.Floyd County, Kentucky · Population 35,342
4.4%
Mining share of county employment
$41,582
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 |
|---|---|---|---|---|
| 2023 Q3 | 1,304 | 0 | 0 | 0.0 |
| 2023 Q2 | 2,794 | 0 | 0 | 0.0 |
| 2023 Q1 | 3,495 | 0 | 0 | 0.0 |
| 2022 Q4 | 1,986 | 0 | 0 | 0.0 |
| 2022 Q3 | 2,867 | 0 | 0 | 0.0 |
| 2022 Q2 | 3,009 | 0 | 0 | 0.0 |
| 2022 Q1 | 4,332 | 1 | 0 | 230.8 |
| 2021 Q4 | 3,636 | 0 | 0 | 0.0 |
Show 35 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2021 Q3 | 2,257 | 0 | 0 | 0.0 |
| 2021 Q2 | 4,966 | 10 | 3 | 2013.7 |
| 2021 Q1 | 4,972 | 2 | 0 | 402.3 |
| 2020 Q4 | 4,983 | 0 | 0 | 0.0 |
| 2020 Q3 | 3,185 | 0 | 0 | 0.0 |
| 2020 Q2 | 2,660 | 2 | 0 | 751.9 |
| 2020 Q1 | 3,178 | 0 | 0 | 0.0 |
| 2019 Q4 | 6,356 | 4 | 0 | 629.3 |
| 2019 Q3 | 2,686 | 0 | 0 | 0.0 |
| 2019 Q2 | 2,562 | 9 | 2 | 3512.9 |
| 2019 Q1 | 1,821 | 0 | 0 | 0.0 |
| 2018 Q4 | 1,581 | 3 | 0 | 1897.5 |
| 2018 Q3 | 2,519 | 1 | 0 | 397.0 |
| 2018 Q2 | 4,208 | 0 | 0 | 0.0 |
| 2018 Q1 | 2,829 | 4 | 0 | 1413.9 |
| 2017 Q4 | 4,188 | 0 | 0 | 0.0 |
| 2017 Q3 | 2,744 | 3 | 0 | 1093.3 |
| 2017 Q2 | 3,079 | 0 | 0 | 0.0 |
| 2017 Q1 | 3,082 | 0 | 0 | 0.0 |
| 2016 Q4 | 1,568 | 4 | 0 | 2551.0 |
| 2016 Q3 | 0 | 0 | 0 | |
| 2016 Q2 | 0 | 0 | 0 | |
| 2016 Q1 | 0 | 0 | 0 | |
| 2015 Q4 | 0 | 0 | 0 | |
| 2015 Q3 | 783 | 0 | 0 | 0.0 |
| 2015 Q2 | 5,137 | 0 | 0 | 0.0 |
| 2015 Q1 | 5,399 | 4 | 3 | 740.9 |
| 2014 Q4 | 2,330 | 0 | 0 | 0.0 |
| 2014 Q3 | 2,589 | 0 | 0 | 0.0 |
| 2014 Q2 | 1,880 | 4 | 2 | 2127.7 |
| 2014 Q1 | 2,193 | 0 | 0 | 0.0 |
| 2013 Q4 | 1,984 | 0 | 0 | 0.0 |
| 2013 Q3 | 3,809 | 2 | 0 | 525.1 |
| 2013 Q2 | 3,067 | 0 | 0 | 0.0 |
| 2013 Q1 | 1,400 | 3 | 0 | 2142.9 |
No fatalities recorded at this mine.
Reportable incidents
3 on file2017 · 2 incidents
Bundy Auger Mining, Inc. · Struck by flying object
Bundy Auger Mining, Inc. · Fall from machine
EE fell while performing repair work on the highwall miner. EE bruised left leg about half way up ee calf on the side.
2016 · 1 incident
December 29, 2016
KY · Coal
front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator
HANDLING OF MATERIALS
Bundy Auger Mining, Inc. · Struck against stationary object
Employee was in process of stepping onto a highwall miner push beam. Employee's right foot slipped as the left foot was in motion to step up. The slipping of the right foot caused left shin to hit the beam.