Mining Incidents

SHM 27 Highwall Miner: 124 MSHA citations Coal

Controlled by David D Bundy
Davis, Wyoming County, WV  ·  NonProducing
MSHA Mine ID: 4609007

SHM 27 Highwall Miner has $103K in proposed MSHA penalties and $28K outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
17
Years on record
2004–2025
Latest incident
Apr 2025
Compliance record
MSHA citations since 2003
124
citations
48
significant & substantial
$103,492
proposed penalties
$47,156
paid to date
46% of proposed penalties paid to date, a $56,336 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
61
inspections on record
1,501
inspection hours
8.3
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.
124 citations across 1,501 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: 2015-04-30.
On record since 2015.
Source: MSHA imminent-danger order records, updated weekly.

SHM 27 Highwall Miner has $103K in proposed MSHA penalties and $28K 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.
$103K
proposed penalties
$75K
current assessed
$47K
paid to date
$28K
outstanding
117 assessments are final orders; 9 contested dockets.
Of $51K in penalties contested before the Commission, $20K was upheld in final decisions.
As of the most recent assessment on 2026-02-25.
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.
40.3%
significant & substantial
7.6%
high negligence or reckless
41.2%
reasonably likely or greater
34.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 23.5% low, 68.9% moderate, 6.7% high, 0.8% 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.
24 citations taken to the federal commission · 19% of citations on record
  • Settled 20 · 83%
  • Vacated or withdrawn 2 · 8%
  • Still open 2 · 8%
92%
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 13 decided S&S contests · industry: 79%
61%
Penalty reduction in decided contests
$51K proposed, $20K 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 2026-04-23.
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 2010-660 Withdrawal McCarthy 2011 $18K → $2K
WEVA 2025-0024 Settlement McCarthy 2025 $14K → $5K
WEVA 2010-428 Settlement McCarthy 2012 $5K → $4K
WEVA 2009-1730 Settlement 2010 $5K → $2K
WEVA 2016-0256 Settlement Paez 2016 $4K → $2K
WEVA 2015-0998 Settlement Lesnick 2015 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at SHM 27 Highwall Miner shows 99% of 93 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: 2025-06-26
99%
within 1.5 mg/m3
93
samples
1.82
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.
93 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • AUGER OPERATOR23
  • HIGHLIFT OPERATOR/FRONT END LOADER21
  • FORKLIFT OPERATOR14

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: 2026-08-18
2%
over PEL
59
samples
Most-sampled occupations
  • AUGER OPERATOR14
  • HIGHLIFT OPERATOR/FRONT END LOADER14
  • FORKLIFT OPERATOR7
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
2025 100% 7
2024 100% 8
2023 100% 7
2015 100% 8
2014 100% 3
2013 100% 7
2012 100% 4
2011 100% 10
2010 75% 4
2009 100% 8
2008 100% 11
2007 100% 4
2006 100% 4
2005 100% 4
2004 100% 4
Noise by year
Year over PEL samples
2026 0% 4
2025 0% 3
2024 0% 1
2023 0% 4
2015 0% 8
2014 0% 5
2013 0% 3
2012 0% 4
2011 0% 3
2009 0% 8
2008 0% 11
2005 20% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

SHM 27 Highwall Miner recorded 9.98 reportable injury cases per 100 full-time workers in 2024.

Injury rate, 2024
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.
9.98
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.16 and the all-US-mining average was 2.08 cases per 100 workers.
In West Virginia, coal mining averaged 3.51 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
2024 * 9.98 0.00 0.000
2011 * 14.81 0.00 0.000
2010 * 5.75 0.00 0.000
2009 * 11.66 5.83 0.000
2008 * 11.24 5.62 0.000
2007 * 0.00 0.00 0.000
2006 * 5.17 0.00 0.000
2005 * 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. Mountain Edge Mining Inc 2003 to 2004
  2. Bundy Auger Mining Inc 2004 to 2014
  3. Keystone Coal Reserves, LLC 2014 to 2014
  4. Bundy Auger Mining, Inc. 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)
2026 5 28,509
2025 7 92,353
2024 9 104,646
2023 6 92,993
2016 1 880
2015 9 91,009
2014 7 49,473
2013 2 17,189
2012 9 77,390
2011 19 158,159
2010 16 217,192
2009 16 281,134
2008 16 273,981
2007 16 428,341
2006 18 390,900
2005 14 535,375
2004 14 286,480
Source: MSHA quarterly employment and production, updated weekly.

SHM 27 Highwall Miner sits in Wyoming County, West Virginia, where the Census mining category is 11.2% 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.
Wyoming County, West Virginia · Population 20,948
11.2%
Mining share of county employment
$48,038
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 2,579 0 0 0.0
2026 Q1 2,919 2 2 685.2
2025 Q4 4,612 0 0 0.0
2025 Q3 5,233 0 0 0.0
2025 Q2 3,919 3 0 765.5
2025 Q1 3,943 9 1 2282.5
2024 Q4 3,768 0 0 0.0
2024 Q3 5,619 3 2 533.9
Show 55 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 4,614 0 0 0.0
2024 Q1 6,049 2 0 330.6
2023 Q4 3,962 0 0 0.0
2023 Q3 3,759 12 2 3192.3
2023 Q2 3,171 0 0 0.0
2023 Q1 1,531 7 1 4572.2
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 1,336 0 0 0.0
2015 Q4 5,069 5 4 986.4
2015 Q3 2,237 0 0 0.0
2015 Q2 5,750 15 9 2608.7
2015 Q1 4,394 0 0 0.0
2014 Q4 5,841 0 0 0.0
2014 Q3 3,173 0 0 0.0
2014 Q2 2,095 0 0 0.0
2014 Q1 1,026 0 0 0.0
2013 Q4 722 0 0 0.0
2013 Q3 1,107 0 0 0.0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 4,231 1 0 236.4
2012 Q2 6,042 4 2 662.0
2012 Q1 9,179 0 0 0.0
2011 Q4 8,781 5 4 569.4
2011 Q3 11,040 3 0 271.7
2011 Q2 11,021 0 0 0.0
2011 Q1 9,666 7 3 724.2
2010 Q4 10,845 0 0 0.0
2010 Q3 8,763 0 0 0.0
2010 Q2 7,261 2 1 275.4
2010 Q1 7,918 0 0 0.0
2009 Q4 9,434 6 3 636.0
2009 Q3 8,656 0 0 0.0
2009 Q2 8,000 7 2 875.0
2009 Q1 8,202 0 0 0.0
2008 Q4 9,831 2 0 203.4
2008 Q3 8,255 0 0 0.0
2008 Q2 9,494 5 1 526.6
2008 Q1 8,007 6 4 749.3
2007 Q4 9,579 0 0 0.0
2007 Q3 7,196 0 0 0.0
2007 Q2 9,977 0 0 0.0
2007 Q1 8,355 0 0 0.0
2006 Q4 10,552 0 0 0.0
2006 Q3 9,118 2 0 219.3
2006 Q2 10,635 0 0 0.0
2006 Q1 8,363 0 0 0.0
2005 Q4 9,047 1 0 110.5
2005 Q3 8,640 2 0 231.5
2005 Q2 8,762 0 0 0.0
2005 Q1 6,652 0 0 0.0
2004 Q4 8,414 2 0 237.7
2004 Q3 4,579 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

17 on file

2025 · 1 incident

April 9, 2025 WV · Coal groundman, yardman SLIP OR FALL OF PERSON
Bundy Auger Mining, Inc. · Over-exertion (Not Elsewhere Classified)

After trouble shooting a fault issue, crew exited base frame of the highwall miner utilizing the right rear ladder below the BPM. Injured was the last one down, as they stepped to the ground right ankle rolled causing them to fall. EE was transported personal vehicle to Regional Hospital Emergency Department. EE is advised to follow up with an orthopedic specialist.

2024 · 1 incident

November 6, 2024 WV · Coal outside foreman, leadman HANDTOOLS (NONPOWERED)
Bundy Auger Mining, Inc. · Fall onto or against objects

EE was repairing the conveyor roller head. EE was using a pry bar to roll the head over, the pry bar dislodged causing EE to fall and strike EE's left thumb on the conveyor guard. EE received 7 sutures at Logan Regional Medical Center and returned to work.

2016 · 1 incident

January 28, 2016 WV · Coal superintendent HANDLING OF MATERIALS
Bundy Auger Mining, Inc. · Over-exertion in lifting objects

Mine is IDLE: Superintendent was lifting crib blocks to stage up highwall miner to remove from job site when employee strained employee's lower back.

2015 · 2 incidents

October 29, 2015 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Bundy Auger Mining, Inc. · Over-exertion in pulling or pushing objects

On 11/3/2015 EE reported to Supervisor, that appx a week ago he hurt his right shoulder while removing a pin from the steering jack on the highwall miner with a slate bar. He didn't think he was hurt at the time but has experienced pain since the incident

October 28, 2015 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Bundy Auger Mining, Inc. · Struck by... (Not Elsewhere Classified)

Employee reported to Supervisor on 11/4/2015 that he had hit his shin with a 20lb. sledge hammer while securing locking pins in push beams of highwall miner.

2011 · 3 incidents

November 9, 2011 WV · Coal outside foreman, leadman HANDLING OF MATERIALS
Bundy Auger Mining Inc · Struck by... (Not Elsewhere Classified)

Employee was pulling a pin from the cutter chain, using a chain hoist. The hook on the end of the chain hoist broke, flew and struck employee's left wrist, causing a fracture.

June 12, 2011 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Bundy Auger Mining Inc · Contact with hot objects or substances

Employee was using a torch to cut steel plate. When he removed the piece and set it down, it shifted and struck his left forearm, causing a 2nd degree burn.

April 8, 2011 WV · Coal continuous miner operator, coal mole operator HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Struck by... (Not Elsewhere Classified)

Employee was striking the cog on the tailpiece with a hammer when a piece of the cog broke off, striking employee in the left forearm, resulting in a piece of metal embedded in the forearm, not removed, but the wound closed with sutures.

2010 · 1 incident

December 27, 2010 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Struck by... (Not Elsewhere Classified)

Employee was loosening a bolt on the highwall miner when his wrench slipped, striking him in the mouth. This resulted in chipping one tooth and breaking another tooth. The broken tooth required extraction by a dentist.

2009 · 3 incidents

July 25, 2009 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Struck by... (Not Elsewhere Classified)

Employee was attempting to hit a punch with a 3# sledge hammer, in order to repair the handle on another sledge hammer by driving out the wedge. Employee missed the punch & struck his left hand.

May 16, 2009 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Bundy Auger Mining Inc · Caught in, under or between a moving and a stationary object

Employee was drilling an anchor hole with hand-held auger. The auger was bent and caused the employee's hand to be caught between drill and anchor pin, injuring his left middle finger.

2008 · 2 incidents

August 3, 2008 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Struck by flying object

While tightening the cutter chain on the highwall miner, EE was struck by a piece of metal that broke off a hammer that was being used.

January 14, 2008 WV · Coal superintendent HANDLING OF MATERIALS
Bundy Auger Mining Inc · Over-exertion (Not Elsewhere Classified)

While guiding a pin into the hole with his knee, the employee felt his knee pop and pain shot down his leg.

2006 · 1 incident

July 6, 2006 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Struck by flying object

Employee was striking latch pins when a piece of metal came off of pins & struck his leg (R). THIS WAS NOT A LOST TIME ACCIDENT!!!

2004 · 2 incidents

December 14, 2004 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Bundy Auger Mining Inc · Caught in, under or between (Not Elsewhere Classified)

Employee injured his finger when a miner head that he was working on slipped & caught his finger between the plate & miner head.