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SHM 46 Highwall Miner: 174 MSHA citations Coal

Warrior, Letcher County, KY  ·  Abandoned
MSHA Mine ID: 4609151

SHM 46 Highwall Miner has $70K in proposed MSHA penalties and $7 outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
18
Years on record
2007–2019
Latest incident
Oct 2019
Compliance record
MSHA citations since 2006
174
citations
44
significant & substantial
$69,818
proposed penalties
$59,775
paid to date
86% of proposed penalties paid to date, a $10,043 gap.
Source: MSHA violations data, updated weekly.
See Karbon Holding Corp.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2006
78
inspections on record
2,150
inspection hours
8.1
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.
174 citations across 2,150 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: 2018-05-18.
On record since 2018.
Source: MSHA imminent-danger order records, updated weekly.

SHM 46 Highwall Miner has $70K in proposed MSHA penalties and $7 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.
$70K
proposed penalties
$60K
current assessed
$60K
paid to date
$7
outstanding
166 assessments are final orders; 7 contested dockets.
Of $38K in penalties contested before the Commission, $28K was upheld in final decisions.
As of the most recent assessment on 2023-10-10.
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.
26.5%
significant & substantial
5.4%
high negligence or reckless
26.5%
reasonably likely or greater
22.9%
permanently disabling or fatal if injury occurs
Negligence coding: 1.2% none, 13.9% low, 79.5% 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.
30 citations taken to the federal commission · 17% of citations on record
  • Settled 30 · 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 12 decided S&S contests · industry: 79%
27%
Penalty reduction in decided contests
$38K proposed, $28K 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 2018-08-14.
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 2017-0199 Settlement Paez 2018 $10K → $7K
WEVA 2013-1117 Settlement Paez 2014 $8K → $6K
WEVA 2014-205 Settlement Paez 2014 $8K → $6K
WEVA 2018-0653 Settlement Bulluck 2019 $5K → $3K
KENT 2017-0198 Settlement Paez 2017 $3K → $2K
KENT 2017-0102 Settlement Paez 2017 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at SHM 46 Highwall Miner shows 100% of 91 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: 2023-09-18
100%
within 1.5 mg/m3
91
samples
0.83
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.
91 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • AUGER OPERATOR25
  • HIGHLIFT OPERATOR/FRONT END LOADER18
  • FORKLIFT OPERATOR16

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: 2023-09-18
1%
over PEL
74
samples
Most-sampled occupations
  • AUGER OPERATOR20
  • HIGHLIFT OPERATOR/FRONT END LOADER14
  • FORKLIFT OPERATOR13
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
2023 100% 3
2022 100% 2
2021 100% 2
2020 100% 3
2019 100% 9
2018 100% 2
2017 100% 6
2016 100% 4
2015 100% 8
2014 100% 8
2013 100% 3
2012 100% 8
2011 100% 8
2010 100% 8
2009 100% 6
2008 100% 3
2007 100% 4
2006 100% 4
Noise by year
Year over PEL samples
2023 0% 3
2021 0% 2
2020 0% 4
2019 0% 4
2017 0% 6
2016 0% 4
2015 0% 8
2014 0% 6
2013 0% 3
2012 0% 8
2011 0% 7
2010 0% 8
2009 33% 3
2007 0% 4
2006 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

SHM 46 Highwall Miner recorded 9.94 reportable injury cases per 100 full-time workers in 2015.

Injury rate, 2015
ⓘ 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.
9.94
total case rate
9.94
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
In Kentucky, coal mining averaged 4.56 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
2015 * 9.94 9.94 0.000
2014 * 0.00 0.00 0.000
2013 * 12.23 6.11 0.000
2011 * 0.00 0.00 0.000
2010 * 8.80 8.80 0.000
2009 * 38.41 9.60 0.000
2008 * 28.16 9.39 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. Bundy Auger Mining Inc 2006 to 2023
  2. Karbon Holding Corp. 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 12,152
2022 5 45,969
2021 3 19,181
2020 2 9,002
2019 5 54,656
2018 4 46,626
2017 6 45,233
2016 5 100,822
2015 8 280,949
2014 10 149,904
2013 15 272,975
2012 5 50,078
2011 12 164,233
2010 9 259,450
2009 9 221,992
2008 9 292,819
2007 9 135,524
2006 11 234,597
Source: MSHA quarterly employment and production, updated weekly.

SHM 46 Highwall Miner sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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 Q4 2,556 1 1 391.2
2023 Q3 2,294 3 1 1307.8
2023 Q2 0 0 0
2023 Q1 717 0 0 0.0
2022 Q4 2,406 0 0 0.0
2022 Q3 2,898 0 0 0.0
2022 Q2 3,398 5 1 1471.5
2022 Q1 2,773 0 0 0.0
Show 63 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q4 1,379 0 0 0.0
2021 Q3 1,531 0 0 0.0
2021 Q2 92 1 0 10869.6
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 1,386 0 0 0.0
2020 Q2 604 1 0 1655.6
2020 Q1 0 0 0
2019 Q4 5,282 0 0 0.0
2019 Q3 3,927 10 4 2546.5
2019 Q2 2,827 0 0 0.0
2019 Q1 1,779 1 0 562.1
2018 Q4 889 0 0 0.0
2018 Q3 3,157 0 0 0.0
2018 Q2 2,022 2 1 989.1
2018 Q1 1,724 0 0 0.0
2017 Q4 3,897 2 0 513.2
2017 Q3 2,043 1 0 489.5
2017 Q2 1,985 0 0 0.0
2017 Q1 5,585 3 0 537.2
2016 Q4 6,175 5 4 809.7
2016 Q3 2,517 0 0 0.0
2016 Q2 1,250 5 1 4000.0
2016 Q1 1,249 0 0 0.0
2015 Q4 5,559 3 1 539.7
2015 Q3 6,848 0 0 0.0
2015 Q2 5,460 1 0 183.2
2015 Q1 2,246 0 0 0.0
2014 Q4 5,951 1 1 168.0
2014 Q3 7,333 6 2 818.2
2014 Q2 4,785 2 0 418.0
2014 Q1 5,940 11 2 1851.9
2013 Q4 9,143 5 1 546.9
2013 Q3 11,469 0 0 0.0
2013 Q2 7,132 42 9 5889.0
2013 Q1 4,975 18 1 3618.1
2012 Q4 2,064 1 0 484.5
2012 Q3 7,694 2 0 259.9
2012 Q2 3,843 0 0 0.0
2012 Q1 0 0 0
2011 Q4 8,813 0 0 0.0
2011 Q3 7,544 5 2 662.8
2011 Q2 7,581 4 1 527.6
2011 Q1 6,782 2 1 294.9
2010 Q4 6,882 0 0 0.0
2010 Q3 5,841 3 3 513.6
2010 Q2 6,895 3 2 435.1
2010 Q1 3,113 9 3 2891.1
2009 Q4 3,345 0 0 0.0
2009 Q3 4,782 1 0 209.1
2009 Q2 5,926 3 0 506.2
2009 Q1 6,773 1 0 147.6
2008 Q4 6,138 0 0 0.0
2008 Q3 6,668 0 0 0.0
2008 Q2 4,090 0 0 0.0
2008 Q1 4,412 2 0 453.3
2007 Q4 4,950 0 0 0.0
2007 Q3 3,998 0 0 0.0
2007 Q2 5,633 0 0 0.0
2007 Q1 4,208 0 0 0.0
2006 Q4 5,787 0 0 0.0
2006 Q3 6,338 0 0 0.0
2006 Q2 4,843 1 0 206.5
No fatalities recorded at this mine.

Reportable incidents

18 on file

2019 · 3 incidents

October 30, 2019 KY · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Struck against stationary object

Employee was tightening a bolt with a ratchet, hand made contact with a metal burr causing a 2" inch long cut on right hand near wrist.

July 16, 2019 KY · Coal forklift operator MACHINERY
Bundy Auger Mining Inc · Contact with hot objects or substances

Apprentice miner & certified welder, EE was helping repair the cutter head. EE lit the cutting torch, as EE laid the striker down EE's left hand passed in front of the lit torch causing a burn on the back of hand. EE was treated by onsite EMTs and finished the shift. On 7/18/19 the blister had broken and it was decided EE should be checked.

February 19, 2019 KY · Coal outside foreman, leadman HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Struck by flying object

A shard of metal sheared off the chain link while repairing the belly chain of the highwall miner and went through EE's glove into the Right pinkie finger. EE continued to work the rest of the shift and the full shift on 02/20/2019. On the morning of 02/21/2019 EE discovered the wound was red and looked infected.

2018 · 1 incident

September 6, 2018 KY · Coal electrician, lineman MACHINERY
Bundy Auger Mining Inc · Struck against a moving object

Employee was pulling pins during retraction. When the unlatching jacks raised the latched stuck causing the push beam to raise appx. 4 inches. When the latches came loose the beam slammed down.

2015 · 1 incident

July 31, 2015 KY · Coal outside foreman, leadman HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Fall to the walkway or working surface

Employee was putting bolts in cutter drum w/ 3/4 ratchet, ratchet slipped while employee was putting all body weight on it. Employee slipped and fell while hurting his back. Was not notified till the following Monday 8/3/15 of accident.

2013 · 2 incidents

2012 · 1 incident

2010 · 1 incident

September 22, 2010 KY · Coal outside foreman, leadman HANDLING OF MATERIALS
Bundy Auger Mining Inc · Struck by falling object

Employee was replacing shield on a cutter head when he dropped the shield & injured his left hand.

2009 · 5 incidents

October 6, 2009 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Struck against stationary object

Injured was using a sledge hammer to help take a cutter chain apart. As he struck the pin, the pin went sideways, thus allowing his hand to strike chain.

June 25, 2009 KY · Coal electrician, lineman HANDLING OF MATERIALS
Bundy Auger Mining Inc · Struck by... (Not Elsewhere Classified)

Emplyee was replacing shield over cutter motor when the shield slipped and smashed his middle(R) finger.

April 23, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Bundy Auger Mining Inc · Struck by falling object

Employee was putting pedestal into a pickup bed. While placing the pedestal on the tailgate, he knocked another pedestal onto his left foot.

2008 · 3 incidents

November 8, 2008 KY · Coal auger operator, auger crew supervisor SLIP OR FALL OF PERSON
Bundy Auger Mining Inc · Over-exertion (Not Elsewhere Classified)

While walking away from the highwall miner and putting up tools, He stepped into a hole and heard something pop in his foot(R).

July 24, 2008 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Struck by flying object

Employee was driving a pin on the chain conveyor when a piece of metal broke off of the hammer that he was using and struck him in his neck- thus requiring sutures.

July 23, 2008 KY · Coal outside foreman, leadman HANDTOOLS (NONPOWERED)
Bundy Auger Mining Inc · Struck by... (Not Elsewhere Classified)

EE was driving a pin on the chain conveyor when a piece of metal flew off and struck employee in the left hand, between the 3rd and 4th finger. Employee did not miss work or recieve medical treatment until 8-7-2008, when the metal was removed.

2007 · 1 incident

May 17, 2007 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Bundy Auger Mining Inc · Over-exertion (Not Elsewhere Classified)

Employee alleges that he strained his back while working as a groundsman. He is unsure as to when this injury occurred, and did not report this alleged injury until 5/22/2007. His first scheduled day missed was 5/29/2007.