Mining Incidents

Surface/HM-2: 169 MSHA citations Coal

Appolo Fuels Inc · Surface
Controlled by Gary Asher
Middlesboro, Ky, Claiborne County, TN  ·  Abandoned
MSHA Mine ID: 4003180

Surface/HM-2 has $41K in proposed MSHA penalties and $180 outstanding across 12 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
26
Years on record
2002–2009
Latest incident
Jun 2009
Compliance record
MSHA citations since 2001
169
citations
35
significant & substantial
$40,953
proposed penalties
$32,047
paid to date
78% of proposed penalties paid to date, a $8,906 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
58
inspections on record
2,468
inspection hours
6.8
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.
169 citations across 2,468 inspection hours.
Source: MSHA inspections data, updated weekly.

Surface/HM-2 has $41K in proposed MSHA penalties and $180 outstanding across 12 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.
$41K
proposed penalties
$32K
current assessed
$32K
paid to date
$180
outstanding
168 assessments are final orders; 12 contested dockets.
Of $27K in penalties contested before the Commission, $17K was upheld in final decisions.
As of the most recent assessment on 2009-11-16.
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.
20.8%
significant & substantial
0.0%
high negligence or reckless
23.8%
reasonably likely or greater
3.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.6% low, 96.4% 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.
23 citations taken to the federal commission · 14% of citations on record
  • Settled 20 · 87%
  • Vacated or withdrawn 3 · 13%
70%
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 20 decided S&S contests · industry: 79%
37%
Penalty reduction in decided contests
$26K 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 2010-01-04.
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
SE 2008-324 Settlement Bulluck 2009 $13K → $10K
SE 2010-275 Settlement Gill 2012 $5K → $900
SE 2008-837 Settlement Lesnick 2009 $3K → $3K
SE 2009-288 Withdrawal Lesnick 2010 $1K → $0
SE 2010-336 Settlement Zielinski 2011 $920 → $550
SE 2009-813 Settlement Lesnick 2011 $724 → $550
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Surface/HM-2 shows 100% of 243 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: 2009-11-17, 16 years ago
100%
within 1.5 mg/m3
243
samples
5.98
dust max (mg/m3)
210 samples taken by MSHA inspectors, 33 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE48
  • BULLDOZER OPERATOR47
  • HIGHLIFT OPERATOR/FRONT END LOADER39

Silica (quartz)

Last sampled: 2008-06-02, 18 years ago
17.0
silica avg (%)
11
samples
52.0
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR5
  • BULLDOZER OPERATOR4
  • AUGER HELPER2

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: 2009-11-17, 16 years ago
4%
over PEL
155
samples
Most-sampled occupations
  • BULLDOZER OPERATOR30
  • HIGHLIFT OPERATOR/FRONT END LOADER29
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE29
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
2009 100% 24
2008 100% 34
2007 100% 58
2006 100% 35
2005 100% 58
2004 100% 9
2003 92% 12
2002 100% 7
2001 100% 6
Silica (quartz) by year
Year silica avg (%) samples
2008 8.8 2
2007 10.3 3
2006 21.8 4
2004 41.3 1
2003 10.0 1
Noise by year
Year over PEL samples
2009 0% 25
2008 13% 15
2007 4% 49
2006 0% 17
2005 6% 32
2004 0% 5
2003 0% 5
2001 0% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Surface/HM-2 recorded 0.00 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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 3.20 cases per 100 workers.
In Tennessee, coal mining averaged 5.30 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
2010 * 0.00 0.00 0.000
2009 * 2.90 0.00 0.000
2008 0.00 0.00 0.000
2007 3.45 2.59 0.000
2006 6.47 3.23 0.000
2005 3.39 1.70 0.000
2004 1.63 1.63 0.000
2003 4.73 4.73 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. Appolo Fuels Inc 2001 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)
2019 0
2018 1
2017 3
2016 7
2015 8
2014 6
2011 8
2010 8
2009 26 37,149
2008 44 293,957
2007 79 532,921
2006 76 442,624
2005 125 686,645
2004 89 615,606
2003 46 375,776
2002 39 384,319
2001 22 34,952
Source: MSHA quarterly employment and production, updated weekly.

Surface/HM-2 sits in Claiborne County, Tennessee, where the Census mining category is 1.0% 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.
Claiborne County, Tennessee · Population 32,221
1.0%
Mining share of county employment
$46,587
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
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 1,131 0 0 0.0
2017 Q4 1,131 0 0 0.0
2017 Q3 1,131 0 0 0.0
Show 52 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q2 1,131 0 0 0.0
2017 Q1 1,656 0 0 0.0
2016 Q2 3,507 0 0 0.0
2016 Q1 3,860 0 0 0.0
2015 Q4 3,457 0 0 0.0
2015 Q3 2,770 0 0 0.0
2015 Q2 3,681 0 0 0.0
2015 Q1 5,867 0 0 0.0
2014 Q4 5,867 0 0 0.0
2014 Q3 3,418 0 0 0.0
2014 Q2 453 0 0 0.0
2011 Q4 3,332 0 0 0.0
2011 Q3 4,493 0 0 0.0
2011 Q2 5,372 0 0 0.0
2011 Q1 6,400 0 0 0.0
2010 Q4 6,169 0 0 0.0
2010 Q3 6,860 0 0 0.0
2010 Q2 7,570 0 0 0.0
2010 Q1 0 0 0
2009 Q4 15,676 8 0 510.3
2009 Q3 17,894 0 0 0.0
2009 Q2 15,322 5 3 326.3
2009 Q1 20,145 0 0 0.0
2008 Q4 18,487 0 0 0.0
2008 Q3 16,694 0 0 0.0
2008 Q2 29,690 5 3 168.4
2008 Q1 48,198 0 0 0.0
2007 Q4 62,381 5 1 80.2
2007 Q3 54,036 16 10 296.1
2007 Q2 55,688 3 2 53.9
2007 Q1 59,450 13 3 218.7
2006 Q4 56,410 1 0 17.7
2006 Q3 48,142 11 1 228.5
2006 Q2 32,178 7 1 217.5
2006 Q1 48,752 4 0 82.0
2005 Q4 96,157 5 0 52.0
2005 Q3 87,492 7 1 80.0
2005 Q2 86,683 7 1 80.8
2005 Q1 83,344 14 2 168.0
2004 Q4 83,916 1 0 11.9
2004 Q3 68,623 7 2 102.0
2004 Q2 56,667 3 1 52.9
2004 Q1 35,597 5 0 140.5
2003 Q4 37,318 0 0 0.0
2003 Q3 29,701 9 0 303.0
2003 Q2 30,484 2 1 65.6
2003 Q1 29,428 2 0 68.0
2002 Q4 31,595 0 0 0.0
2002 Q3 26,943 0 0 0.0
2002 Q2 27,072 5 0 184.7
2002 Q1 22,599 0 0 0.0
2001 Q4 10,717 5 0 466.5
No fatalities recorded at this mine.

Reportable incidents

26 on file

2009 · 1 incident

June 17, 2009 TN · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Appolo Fuels Inc · Fall from machine

Bottom step broke when employee was descending causing him to fall to ground with a jolt. He went to dr. for ex rays-given pain pills- no/broken bones.

2007 · 6 incidents

December 15, 2007 TN · Coal driller, highwall helper, highwall drill helper SLIP OR FALL OF PERSON
Appolo Fuels Inc · Fall from machine

Employee was walking down miner beam toward the front of machine & it was raining/muddy - he lost his footing & slipped/fell to ground hitting left side & back. Went to Dr. for x-rays - possible bruising.

October 10, 2007 TN · Coal welder (shop) HANDLING OF MATERIALS
Appolo Fuels Inc · Caught in, under or between a moving and a stationary object

Employee was lifting auger end and it slipped out of his hand and caught it between auger and auger beam. No broken bones. ER put on splint and glued laceraction together - no stitches. Tetnus shot.

October 2, 2007 TN · Coal driller, highwall operator, highwall drill operator HANDTOOLS (NONPOWERED)
Appolo Fuels Inc · Struck by... (Not Elsewhere Classified)

Employee was using a winch type tool to pull cutter head together with highwall mine. It slipped rolling against his knee & highwall miner frame. X-rays - no broken bones.

July 11, 2007 TN · Coal driller, highwall helper, highwall drill helper HANDLING OF MATERIALS
Appolo Fuels Inc · Struck by flying object

Employee was helping another man lift the miner jack and it slipped from his hand & fell on right hand causing fingers to get hurt.

February 9, 2007 TN · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OTHER
Appolo Fuels Inc · Struck by falling object

Was cutting trees & tree split, man slipped on icy ground and fell. Then, tree jumpede off stump and onto man's left leg. This was a contract tree cutter.

2006 · 6 incidents

December 5, 2006 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Appolo Fuels Inc · Over-exertion (Not Elsewhere Classified)

Changing oil filters on equipment (?) Will have operation after Christmas. Employee stated he didn't know how or when this happens.

June 5, 2006 TN · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Appolo Fuels Inc · Fall onto or against objects

Employee was climbing onto equipment by ladder. As he got to the top, he lost his footing and slipped down the ladder, catching his right hand on the handrail. Laceration to right middle finger and some scrapes on stomach.

April 13, 2006 TN · Coal outside foreman, leadman SLIP OR FALL OF PERSON
Appolo Fuels Inc · Struck against stationary object

Foreman was getting truck tickets out of cab of loader. He was descending ladder and misjudged the last step. He was still holding onto ladder and swung body into handles, bruising ribs, Went to ER on 4/15/06 for X-rays - only bruising.

April 6, 2006 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Appolo Fuels Inc · Over-exertion (Not Elsewhere Classified)

EE was getting onto dozer and twisted his back. He went to the Dr. on 4/8/2006. Dr. believes it to be a pulled muscle. EE came back to work on 4/7/2006, but is returning to Dr. for reoccuring pain.

February 23, 2006 TN · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Appolo Fuels Inc · Fall down stairs

EMPLOYEE WAS WALKING DOWN STAIRS OF PARTS WAREHOUSE AND SLIPPED ON ICE AND MUD, TURNING RIGHT WRIST AND PUTTING LACERATION ON LEFT FOREARM. WENT TO ER FOR X-RAY (NO BROKEN BONES).

February 4, 2006 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Appolo Fuels Inc · Over-exertion (Not Elsewhere Classified)

Man was walking in pit area and stepped into a hole full of water - twisted right ankle. Foreman took him to hospital for x-ray. Right ankle was sprained.

2005 · 6 incidents

December 26, 2005 TN · Coal auger operator, auger crew supervisor SLIP OR FALL OF PERSON
Appolo Fuels Inc · Fall onto or against objects

Employee was working inside back of welding truck. He slipped and fell on welder in back of truck hitting left side of ribs (snow and sleet conditions). He went to hospital for x-rays: only bruised ribs.

October 15, 2005 TN · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Appolo Fuels Inc · Struck against a moving object

Employee #1 was driving service truck and met another truck on roadway. Employee #1 backed up to let the second truck pass and backed into a ditch, turning service truck partially on its side.

September 23, 2005 TN · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Appolo Fuels Inc · Over-exertion (Not Elsewhere Classified)

STEAMING HIGHWALL MINER, & SLIPPED TWISTING ANKLE

September 5, 2005 TN · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Appolo Fuels Inc · Struck against stationary object

Employee was getting dirt off loader tires and was going back upon the equipment-hit the top of his head on the mirror frame.

August 6, 2005 TN · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator MACHINERY
Appolo Fuels Inc · Fall to the walkway or working surface

Employee was using steam ginny to clean off highwall miner - slipped on wet surface injurying ribs & rt shoulder. Went to Dr. Has cracked ribs & pulled muscle in shoulder.

March 29, 2005 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Appolo Fuels Inc · Fall onto or against objects

EE had steamed off dozer. While stepping down off dozer he slipped and hit right shin bone (lower leg). Cut skin which did require 16 stitches. Leg was not broken.

2004 · 2 incidents

August 19, 2004 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Appolo Fuels Inc · Caught in, under or between (Not Elsewhere Classified)

EMPLOYEE WAS HELPING HAUL MOTOR, HE WAS TRYING TO GUIDE CHAIN, MOTOR FLIPPED AND CHAIN CAUGHT EE'S 3 FINGERS: MIDDLE, RING & PINKY. MIDDLE FINGER REQUIRED SURGERY.

May 22, 2004 TN · Coal assayer, geologist, metallurgist, engineer, engineer management SLIP OR FALL OF PERSON
Appolo Fuels Inc · Fall to the walkway or working surface

EMPLOYEE STATED HE WAS PUTTING PIN IN A BRACE THAT HAD COME LOOSE ON HIGHWALL MINER CONVEYOR. LOST BALANCE AND FELL, LANDING ON RIGHT HIP & LOWER BACK. INJURY TO RIGHT HIP AREA & LOWER BACK - POSSIBLE FRACTURE.

2003 · 4 incidents

June 19, 2003 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech

EMPLOYEE WAS HELPING MOVE ROCK AWAY FROM MINER, ROCK CAME OFF BANK & HIT EMPLOYEE ON RIGHT LEG JUST ABOVE KNEE, CUT LEG REQUIRING 2 STITCHES, AND DAMAGED LIGMENTS & TENDONS. HOSPITAL STAY FOR X-RAYS, MRI, ETC & THERAPY.

January 31, 2003 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Appolo Fuels Inc · Fall onto or against objects

EMPLOYEE'S FOOT SLIPPED OFF BOTTOM STEP OF ROCK TRUCK & HE FELL INTO LADDER, STRIKING RIBS. APPROX. 11:00 P.M. WENT TO E.R. FOR X-RAY. IT WAS NEGATIVE. HE STAYED OFF WORK ON 2/1/03 BECAUSE OF SORENESS. RETURNED 2/3/03 FULL DUTY.

January 13, 2003 TN · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Appolo Fuels Inc · Over-exertion (Not Elsewhere Classified)

EE WAS TAKING DOOR OFF ELECTRICAL COMPARTMENT, DOOR SLIPPED AND HE HELD ONTO IT, HURT BACK AND LEG. ER AT ARH MIDDLESBORO, KY TOOK X-RAY, NEGATIVE, TOLD TO SEE REGULAR DOCTOR. BELIEVED TO BE M USCLE STRAIN. WILL DO MRI TO CHECK DISC.

January 7, 2003 TN · Coal

EE STATED HE WAS SITTING IN HIS PICKUP TRUCK WAITING TO PARK, EQUIPMENT WAS COMING OUT FROM WORK AREA, END LOADER BUCKET STRUCK RIGHT REAR CORNER OF HIS TRUCK AND MOVED IT, EE SAID HIS LOWER B ACK STARTED HURTING. X RAYS NEGATIVE.

2002 · 1 incident

April 18, 2002 TN · Coal mine manager, mine foreman, mine owner HANDLING OF MATERIALS
Appolo Fuels Inc · Struck by falling object

EE WAS GOING TO MOVE A ROCK OFF OF A LANDING ON MINER. ROCK SLIPPED OUT OF HIS HAND & MASHED MIDDLE FINGER OF LEFT HAND. X-RAY NEGATIVE; INFLAMMATION MEDS.