Totz Prep Plant has $50K in proposed MSHA penalties and $8K outstanding across 26 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
40
Years on record
1983–2025
Latest incident
Jan 2025
Compliance record
MSHA citations since 2000
430
citations
101
significant & substantial
$50,396
proposed penalties
$41,794
paid to date
83% of proposed penalties paid to date, a $8,602 gap.
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.
430 citations across 6,391 inspection hours.
Source: MSHA inspections data, updated weekly.
Totz Prep Plant has $50K in proposed MSHA penalties and $8K outstanding across 26 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.
$50K
proposed penalties
$49K
current assessed
$42K
paid to date
$8K
outstanding
420 assessments are final orders; 26 contested dockets.
Of $9K in penalties contested before the Commission, $7K was upheld in final decisions.
As of the most recent assessment on 2026-06-24.
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.
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.
23citations taken to the federal commission · 5% of citations on record
Settled
22 · 96%
Vacated or withdrawn
1 · 4%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 17 decided S&S contests · industry: 79%
36%
Penalty reduction in decided contests
$5K proposed, $3K 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 2013-06-06.
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.
MSHA sampling at Totz Prep Plant shows 100% of 351 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: 2026-07-30
100%
within 1.5 mg/m3
351
samples
1.36
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.
299 samples taken by MSHA inspectors, 52 by the operator.
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.
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.
Totz Prep Plant recorded 3.24 reportable injury cases per 100 full-time workers in 2025.
Injury rate, 2025
ⓘ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.
3.24
total case rate
3.24
days-away rate
0.000
fatality rate
About average. The US coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In Kentucky, coal mining averaged 4.08 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
2025 *
3.24
3.24
0.000
2024 *
0.00
0.00
0.000
2023 *
0.00
0.00
0.000
2022 *
0.00
0.00
0.000
2021 *
0.00
0.00
0.000
2020 *
0.00
0.00
0.000
2019 *
0.00
0.00
0.000
2018 *
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.
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year
Employees
2026
21
2025
21
2024
20
2023
16
2022
16
2021
13
2020
9
2019
20
2018
18
2017
22
2016
31
2015
21
2014
19
2013
21
2012
21
2011
22
2010
25
2009
22
2008
18
2007
17
2006
14
2005
11
2004
8
2003
14
2002
18
2001
15
2000
15
Source: MSHA quarterly employment and production, updated weekly.
Totz Prep Plant 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
Ee was walking beside a belt line when he tripped and fell. On the way down, his hand hit a belt roller and broke a bone in his hand. With proper medical care and therapy, his hand healed well and he is back to work no restrictions.
2011 · 3 incidents
June 18, 2011KY · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerSLIP OR FALL OF PERSON
EE was unloading a bucket of grease from the mechanic's truck when he slipped and fell. He hurt his right knee. The doctor has not made a diagnosis yet.
January 21, 2011KY · Coalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorSLIP OR FALL OF PERSON
EE slipped and fell on ice while getting into a company vehicle. He fell on his buttock and back. It caused such a bruise that it set up an infection. He had to be hospitlaized and surgery was performed to remove the infection. He is now doing well and should be back to work in a few days.
2010 · 1 incident
March 6, 2010KY · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerHANDLING OF MATERIALS
EE was operating a lathe, when his emory cloth got caught in the lathe and pulled his hand into the turning lathe. This broke one finger and dislocated two others.
2006 · 3 incidents
November 9, 2006KY · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerSLIP OR FALL OF PERSON
EE IS A CAR DROPPER AT THE TIPPLE. HIS BOOT HEEL CAUGHT ON A RUNG OF THE LADDER AND CAUSED HIM TO FALL. HE CAUGHT HIMSELF AND SWUNG AROUND HITTING HIS SHIN ON THE DRAW HEAD OF THE CAR. THIS CA USED A ONE AND ONE-QUARTER INCH CUT REQUIRING STITCHES AT THE LOCAL ER.
EMPLOYEE WAS WALKING DOWN BELT WALKWAY, SLIPPED AND FELL. HE TRIED TO CATCH HIMSELF BUT ENDED UP JERKING HIS BODY AND LEGS. THE FULLE EXTENT OF INJURY IS NOT KNOWN AT PRESENT TIME. HE IS OFF W ORK AND SCHEDULED FOR X-RAYS AND DOCTORS IN JULY.
SPECULATION IS THAT THE FUEL LINE BROKE AND THE FUEL CAUGHT ON FIRE WHEN IT HIT THE HOT ENGINE, RESULTING IN THE TRUCK BEING DESTROYED BY FIRE. THIS OCCURRED AT THE TOTZ SLATE DUMP/IMPOUNDMENT AREA.
1995 · 1 incident
December 14, 1995KY · Coaltipple/top lander/skip dumper operator, binman, topmanHANDLING OF MATERIALS
HE WAS CLIMBING DOWN A CHUTE IN THE TIPPLE AND A PIECE OF METAL HE WAS CLIMBING ON BROKE OFF DROPPING HIM BELOW STRICKING SOMETHING ANC UTTING HIS LEG.
1988 · 1 incident
October 14, 1988KY · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanMACHINERY