Mining Incidents

Bailey Creek: 10 MSHA citations Coal

Controlled by Thomas R Hamilton
Evarts, Harlan County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1519873

Bailey Creek has $1K in proposed MSHA penalties and $63 outstanding across 0 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2020
10
citations
1
significant & substantial
$1,489
proposed penalties
$1,426
paid to date
96% of proposed penalties paid to date, a $63 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2020
15
inspections on record
490
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: 490 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Bailey Creek has $1K in proposed MSHA penalties and $63 outstanding across 0 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.
$1K
proposed penalties
$1K
current assessed
$1K
paid to date
$63
outstanding
10 assessments are final orders; 0 contested dockets.
As of the most recent assessment on 2020-12-09.
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.
10.0%
significant & substantial
0.0%
high negligence or reckless
10.0%
reasonably likely or greater
20.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 80.0% low, 20.0% moderate, 0.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.

MSHA sampling at Bailey Creek shows 97% of 32 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: 2020-12-15, 5 years ago
97%
within 1.5 mg/m3
32
samples
1.80
dust max (mg/m3)
1
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.
16 samples taken by MSHA inspectors, 16 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR19
  • HIGHWALL DRILL OPERATOR8
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5

Silica (quartz)

Last sampled: 2020-11-09, 5 years ago
11.8
silica avg (%)
3
samples
28.8
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR2
  • HIGHWALL DRILL OPERATOR1

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: 2020-10-27, 5 years ago
0%
over PEL
15
samples
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5
  • HIGHWALL DRILL OPERATOR3
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
2020 96% 28
2019 100% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bailey Creek recorded 0.00 reportable injury cases per 100 full-time workers in 2020.

Injury rate, 2020
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 coal mining average was 3.19 and the all-US-mining average was 2.08 cases per 100 workers.
In Kentucky, coal mining averaged 3.67 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.
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. Nally & Hamilton Enterprises Inc 2019 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)
2021 9 8,144
2020 29 151,754
2019 10 6,219
Source: MSHA quarterly employment and production, updated weekly.

Bailey Creek 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
2021 Q1 4,773 0 0 0.0
2020 Q4 21,533 3 0 139.3
2020 Q3 17,946 0 0 0.0
2020 Q2 21,934 3 1 136.8
2020 Q1 19,814 2 0 100.9
2019 Q4 6,307 0 0 0.0

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.