Mining Incidents

Avail Valley Construction: 87 MSHA citations Metal/Non-Metal

Controlled by AVCO Holdings LLC
Afton, Lincoln County, WY  ·  Intermittent
MSHA Mine ID: 4801637

Avail Valley Construction has $59K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
2020–2021
Latest incident
Oct 2021
Compliance record
MSHA citations since 2004
87
citations
30
significant & substantial
$58,799
proposed penalties
$53,915
paid to date
92% of proposed penalties paid to date, a $4,884 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
47
inspections on record
601
inspection hours
n/a
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.
Rate withheld: 601 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Avail Valley Construction has $59K in proposed MSHA penalties and $0 outstanding across 2 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.
$59K
proposed penalties
$54K
current assessed
$54K
paid to date
$0
outstanding
86 assessments are final orders; 2 contested dockets.
Of $8K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2025-09-24.
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.
34.9%
significant & substantial
16.3%
high negligence or reckless
34.9%
reasonably likely or greater
65.1%
permanently disabling or fatal if injury occurs
Negligence coding: 1.2% none, 4.7% low, 77.9% moderate, 16.3% 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.
2 citations taken to the federal commission · 2% of citations on record
  • Settled 1 · 50%
  • Stood as issued 1 · 50%
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 2 decided S&S contests · industry: 79%
64%
Penalty reduction in decided contests
$8K 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 2020-10-21.
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
WEST 2021-0013 Settlement 2021 $7K → $2K
WEST 2011-135M Dismissal Zielinski 2011 $285 → $285
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
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.

Metal and nonmetal contaminants (personal samples)
Many samples are screening measurements of substances with no applicable exposure limit; they are counted as samples but excluded from every over-limit figure. Over-limit shares use only limit-tested samples.

Last sampled: 2021-08-04, 5 years ago
33%
of limit-tested samples over the exposure limit
20
samples
12
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz144 over
  • Respirable dust, <.1mg6
Show the individual readings (20)
Date Contaminant Concentration Limit Conc / limit Occupation
2021-05-06 Quartz, respirable, >1% Qtz 0.82 0.56 1.46 Laborer, Bullgang
2021-03-12 Quartz, respirable, >1% Qtz 1.17 0.41 2.85 Laborer, Bullgang
2021-03-12 Quartz, respirable, >1% Qtz 0.31 0.29 1.07 Front-end Loader Operator
2010-10-13 Quartz, respirable, >1% Qtz 2.38 0.38 6.26 Bobcat Operator
2021-08-04 Quartz, respirable, >1% Qtz 0.92 2.08 0.44 Crusher Oper/Worker
2021-08-04 Quartz, respirable, >1% Qtz 0.51 0.74 0.69 Laborer, Bullgang
2021-08-04 Quartz, respirable, >1% Qtz 0.22 0.7 0.31 Front-end Loader Operator
2021-05-06 Respirable dust, <.1mg 0 Crusher Oper/Worker
2021-05-06 Quartz, respirable, >1% Qtz 0.27 0.46 0.59 Front-end Loader Operator
2021-03-12 Quartz, respirable, >1% Qtz 0.15 Crusher Oper/Worker
2020-03-11 Quartz, respirable, >1% Qtz 0.13 Front-end Loader Operator
2020-03-11 Quartz, respirable, >1% Qtz 0.25 0.85 0.29 Laborer, Bullgang
2020-03-11 Respirable dust, <.1mg 0 Supervisor, Co. Official
2017-03-21 Quartz, respirable, >1% Qtz 0.19 1.55 0.12 Front-end Loader Operator
2017-03-21 Respirable dust, <.1mg 0 Front-end Loader Operator
2015-02-18 Respirable dust, <.1mg 0 Crusher Oper/Worker
2015-02-18 Quartz, respirable, >1% Qtz 0.22 0.64 0.34 Cleanup Man
2008-01-09 Respirable dust, <.1mg 0 Crusher Oper/Worker
2005-07-14 Quartz, respirable, >1% Qtz 0.21 0.35 0.60 Front-end Loader Operator
2005-07-14 Respirable dust, <.1mg 0 Front-end Loader Operator
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly. Metal/nonmetal contaminant figures come from MSHA's Personal Health Samples and Area Samples files (public record), updated weekly.

Avail Valley Construction recorded 0.00 reportable injury cases per 100 full-time workers in 2017.

Injury rate, 2017
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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 1.99 and the all-US-mining average was 2.48 cases per 100 workers.
In Wyoming, metal and nonmetal mining averaged 1.75 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
2017 * 0.00 0.00 0.000
2016 * 0.00 0.00 0.000
2015 * 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. Call Gravel 2003 to 2006
  2. Call Gravel 2006 to 2007
  3. Kilroy LLC 2007 to 2020
  4. Avail Valley Construction-WY, LLC 2020 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 1
2025 1
2024 2
2023 3
2022 2
2021 9
2020 12
2019 6
2018 19
2017 26
2016 16
2015 15
2014 8
2013 8
2012 8
2011 7
2010 6
2009 6
2008 4
2007 5
2006 4
2005 4
2004 7
2003 5
Source: MSHA quarterly employment and production, updated weekly.

Avail Valley Construction sits in Lincoln County, Wyoming, where the Census mining category is 4.8% 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.
Lincoln County, Wyoming · Population 20,158
4.8%
Mining share of county employment
$86,092
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 1 0 0 0.0
2026 Q1 1 0 0 0.0
2025 Q4 0 0 0
2025 Q3 0 2 0
2025 Q2 366 0 0 0.0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 0 1 0
Show 84 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 592 0 0 0.0
2024 Q1 1,289 0 0 0.0
2023 Q4 1,356 0 0 0.0
2023 Q3 0 0 0
2023 Q2 525 0 0 0.0
2023 Q1 2,141 0 0 0.0
2022 Q4 384 7 4 18229.2
2022 Q3 525 2 1 3809.5
2022 Q2 105 0 0 0.0
2022 Q1 10 0 0 0.0
2021 Q4 3,075 0 0 0.0
2021 Q3 3,266 0 0 0.0
2021 Q2 3,454 16 9 4632.3
2021 Q1 5,567 4 0 718.5
2020 Q4 2,132 0 0 0.0
2020 Q3 1,288 2 1 1552.8
2020 Q2 2,353 11 4 4674.9
2020 Q1 4,004 0 0 0.0
2019 Q4 2,813 0 0 0.0
2019 Q3 4,923 3 1 609.4
2019 Q2 4,736 0 0 0.0
2019 Q1 2,236 3 0 1341.7
2018 Q4 510 0 0 0.0
2018 Q3 2,300 0 0 0.0
2018 Q2 6,333 0 0 0.0
2018 Q1 2,603 0 0 0.0
2017 Q4 2,116 0 0 0.0
2017 Q3 5,682 0 0 0.0
2017 Q2 10,484 0 0 0.0
2017 Q1 2,529 2 0 790.8
2016 Q4 1,181 0 0 0.0
2016 Q3 561 0 0 0.0
2016 Q2 3,361 0 0 0.0
2016 Q1 17,512 0 0 0.0
2015 Q4 5,601 1 0 178.5
2015 Q3 6,641 0 0 0.0
2015 Q2 5,805 0 0 0.0
2015 Q1 4,132 1 0 242.0
2014 Q4 2,299 0 0 0.0
2014 Q3 5,006 1 0 199.8
2014 Q2 5,949 0 0 0.0
2014 Q1 5,926 2 0 337.5
2013 Q4 3,813 0 0 0.0
2013 Q3 2,257 0 0 0.0
2013 Q2 2,855 0 0 0.0
2013 Q1 2,977 0 0 0.0
2012 Q4 1,347 0 0 0.0
2012 Q3 4,587 1 0 218.0
2012 Q2 5,786 0 0 0.0
2012 Q1 3,123 3 1 960.6
2011 Q4 3,902 0 0 0.0
2011 Q3 2,958 0 0 0.0
2011 Q2 1,786 0 0 0.0
2011 Q1 1,279 0 0 0.0
2010 Q4 2,225 1 1 449.4
2010 Q3 3,298 3 1 909.6
2010 Q2 3,532 0 0 0.0
2010 Q1 2,911 0 0 0.0
2009 Q4 2,997 0 0 0.0
2009 Q3 4,164 6 3 1440.9
2009 Q2 2,376 0 0 0.0
2009 Q1 2,784 0 0 0.0
2008 Q4 2,492 0 0 0.0
2008 Q3 2,504 0 0 0.0
2008 Q2 562 0 0 0.0
2008 Q1 1,575 2 0 1269.8
2007 Q4 1,698 0 0 0.0
2007 Q3 1,121 0 0 0.0
2007 Q1 3,933 5 0 1271.3
2006 Q4 1,297 0 0 0.0
2006 Q3 1,961 0 0 0.0
2006 Q2 1,279 2 0 1563.7
2006 Q1 105 0 0 0.0
2005 Q4 1,194 0 0 0.0
2005 Q3 1,596 3 1 1879.7
2005 Q2 1,414 0 0 0.0
2005 Q1 985 0 0 0.0
2004 Q4 1,110 0 0 0.0
2004 Q3 2,148 1 1 465.5
2004 Q2 2,034 0 0 0.0
2004 Q1 1,670 0 0 0.0
2003 Q4 2,947 0 0 0.0
2003 Q3 1,084 0 0 0.0
2003 Q1 806 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2021 · 1 incident

2020 · 1 incident

July 22, 2020 WY · Metal/Non-Metal crusher attendant/operator, pan feeder operator/worker HANDTOOLS (NONPOWERED)
Avail Valley Construction-WY, LLC · Struck by... (Not Elsewhere Classified)

Employee was splicing a cable. Holding the splicing tube in one hand and tightening the screws with the other, the screw slipped and punctured a hand.