Mining Incidents

SHM-47: 58 MSHA citations Coal

Harlan, Harlan County, KY  ·  Abandoned
MSHA Mine ID: 1519371

SHM-47 has $17K in proposed MSHA penalties and $3K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2009–2017
Latest incident
Nov 2017
Compliance record
MSHA citations since 2009
58
citations
11
significant & substantial
$16,694
proposed penalties
$11,969
paid to date
72% of proposed penalties paid to date, a $4,725 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
36
inspections on record
1,190
inspection hours
4.9
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.
58 citations across 1,190 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.
2
Section 107(a) orders
Most recent order: 2017-11-09.
On record since 2013.
Source: MSHA imminent-danger order records, updated weekly.

SHM-47 has $17K in proposed MSHA penalties and $3K outstanding across 3 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.
$17K
proposed penalties
$15K
current assessed
$12K
paid to date
$3K
outstanding
54 assessments are final orders; 3 contested dockets.
Of $7K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2022-06-03.
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.
20.4%
significant & substantial
3.7%
high negligence or reckless
20.4%
reasonably likely or greater
13.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 24.1% low, 72.2% moderate, 3.7% 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.
6 citations taken to the federal commission · 10% of citations on record
  • Settled 6 · 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 4 decided S&S contests · industry: 79%
28%
Penalty reduction in decided contests
$7K proposed, $5K 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 2019-04-30.
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 2019-0413 Settlement McCarthy 2019 $5K → $4K
KENT 2014-103 Settlement Miller 2014 $1K → $862
KENT 2015-0512 Settlement Rae 2015 $745 → $522
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at SHM-47 shows 100% of 62 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: 2022-07-06, 4 years ago
100%
within 1.5 mg/m3
62
samples
1.03
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.
62 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • AUGER OPERATOR13
  • HIGHLIFT OPERATOR/FRONT END LOADER12
  • GROUNDMAN8

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: 2022-07-06, 4 years ago
2%
over PEL
56
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER12
  • AUGER OPERATOR10
  • GROUNDMAN8
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
2022 100% 4
2021 100% 3
2020 100% 10
2019 100% 5
2018 100% 5
2017 100% 4
2015 100% 5
2014 100% 9
2013 100% 4
2012 100% 8
2009 100% 5
Noise by year
Year over PEL samples
2022 0% 3
2021 0% 3
2020 0% 10
2019 0% 5
2018 0% 5
2017 0% 4
2015 0% 5
2014 10% 10
2013 0% 4
2012 0% 4
2009 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

SHM-47 recorded 0.00 reportable injury cases per 100 full-time workers in 2018.

Injury rate, 2018
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 3.34 and the all-US-mining average was 2.33 cases per 100 workers.
In Kentucky, coal mining averaged 3.81 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
2018 * 0.00 0.00 0.000
2014 * 5.75 5.75 0.000
2012 * 0.00 0.00 0.000
2009 * 6.13 6.13 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. Major Elkhorn Mining LLC 2009 to 2012
  2. PIA Company, Inc. 2012 to 2017
  3. MEGA HIGHWALL MINING LLC 2017 to 2021
  4. Commonwealth Mining, LLC 2021 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)
2022 6 31,299
2021 5 44,457
2020 6 145,138
2019 5 53,853
2018 11 251,803
2017 7 76,139
2015 14 98,608
2014 18 191,392
2013 11 79,479
2012 18 246,357
2011 17 10,169
2010 14 133,675
2009 16 270,586
Source: MSHA quarterly employment and production, updated weekly.

SHM-47 sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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
2022 Q3 1,910 0 0 0.0
2022 Q2 4,044 5 0 1236.4
2022 Q1 1,885 4 0 2122.0
2021 Q4 4,043 0 0 0.0
2021 Q2 0 0 0
2021 Q1 2,176 0 0 0.0
2020 Q4 4,264 0 0 0.0
2020 Q3 3,336 0 0 0.0
Show 36 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2020 Q2 2,458 0 0 0.0
2020 Q1 2,322 5 0 2153.3
2019 Q4 2,868 0 0 0.0
2019 Q3 0 1 0
2019 Q2 0 0 0
2019 Q1 2,225 3 2 1348.3
2018 Q4 9,147 0 0 0.0
2018 Q3 7,710 5 0 648.5
2018 Q2 6,326 0 0 0.0
2018 Q1 930 0 0 0.0
2017 Q4 1,913 3 1 1568.2
2017 Q3 3,650 2 1 547.9
2017 Q2 4,460 0 0 0.0
2015 Q3 4,048 0 0 0.0
2015 Q2 9,406 1 1 106.3
2015 Q1 7,310 0 0 0.0
2014 Q4 8,651 0 0 0.0
2014 Q3 9,404 0 0 0.0
2014 Q2 10,155 6 1 590.8
2014 Q1 6,561 1 0 152.4
2013 Q4 5,924 1 1 168.8
2013 Q3 5,506 4 1 726.5
2013 Q2 0 0 0
2013 Q1 4,111 0 0 0.0
2012 Q4 9,858 0 0 0.0
2012 Q3 9,229 1 0 108.4
2012 Q2 7,432 0 0 0.0
2012 Q1 6,269 1 0 159.5
2011 Q4 3,920 0 0 0.0
2010 Q3 4,166 0 0 0.0
2010 Q2 8,864 0 0 0.0
2010 Q1 6,915 0 0 0.0
2009 Q4 7,905 0 0 0.0
2009 Q3 8,094 0 0 0.0
2009 Q2 9,767 7 2 716.7
2009 Q1 6,880 1 0 145.3
No fatalities recorded at this mine.

Reportable incidents

3 on file

2017 · 1 incident

November 8, 2017 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
MEGA HIGHWALL MINING LLC · Caught in, under or between (Not Elsewhere Classified)

MINER'S GLOVE BECAME ENTANGLED IN DOOR LATCH AS MINER EXITED CAB, AND AS A RESULT, THE GLOVE WAS PULLED OFF MINER'S HAND, CATCHING THE TIP OF FINGER, CAUSING A FRACTURE OF THE TIP OF THE FINGER BONE.

2014 · 1 incident

November 10, 2014 KY · Coal forklift operator POWERED HAULAGE
PIA Company, Inc. · Caught in, under or between a moving and a stationary object

Standing beside Mack Truck, the employee failed to see outrigger on truck coming down. His right foot/toe was caught under outrigger

2009 · 1 incident

August 6, 2009 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Major Elkhorn Mining LLC · Caught in, under or between running or meshing objects

Employee was visually inspecting the SHM and came in contact with the reel assembly on the machine. Injury to head and laceration to right ear.