Mining Incidents

Bear Creek: 101 MSHA citations Coal

Mays Mining, Inc. · Surface
Controlled by Rodney Mays
Haleyville, Franklin County, AL  ·  Abandoned
MSHA Mine ID: 0103246

Bear Creek has $33K in proposed MSHA penalties and $292 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2016
Latest incident
Oct 2016
Compliance record
MSHA citations since 2003
101
citations
27
significant & substantial
$33,442
proposed penalties
$27,896
paid to date
83% of proposed penalties paid to date, a $5,546 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
64
inspections on record
1,005
inspection hours
10.0
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.
101 citations across 1,005 inspection hours.
Source: MSHA inspections data, updated weekly.

Bear Creek has $33K in proposed MSHA penalties and $292 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.
$33K
proposed penalties
$28K
current assessed
$28K
paid to date
$292
outstanding
98 assessments are final orders; 2 contested dockets.
Of $18K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2017-04-13.
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.
27.6%
significant & substantial
2.0%
high negligence or reckless
27.6%
reasonably likely or greater
7.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 23.5% low, 74.5% moderate, 2.0% 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.
7 citations taken to the federal commission · 7% of citations on record
  • Settled 5 · 71%
  • Stood as issued 2 · 29%
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 5 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$18K proposed, $13K 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 2007-10-30.
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
SE 2008-73 Settlement Lesnick 2009 $18K → $12K
SE 2008-74 Dismissal Lesnick 2008 $385 → $385
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Bear Creek shows 100% of 232 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: 2017-04-20, 9 years ago
100%
within 1.5 mg/m3
232
samples
2.79
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.
180 samples taken by MSHA inspectors, 52 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR100
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE41
  • HIGHLIFT OPERATOR/FRONT END LOADER33

Silica (quartz)

Last sampled: 2016-10-13, 9 years ago
27.0
silica avg (%)
6
samples
41.9
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR4
  • HIGHWALL DRILL OPERATOR2

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: 2016-10-05, 9 years ago
3%
over PEL
97
samples
Most-sampled occupations
  • BULLDOZER OPERATOR39
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE20
  • HIGHLIFT OPERATOR/FRONT END LOADER12
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
2017 100% 7
2016 100% 30
2015 100% 14
2014 100% 13
2013 100% 20
2012 100% 24
2011 100% 11
2010 94% 17
2009 100% 25
2008 100% 14
2007 100% 18
2006 100% 20
2005 100% 9
2004 100% 8
2003 100% 2
Silica (quartz) by year
Year silica avg (%) samples
2016 29.0 2
2010 37.3 1
2009 24.4 2
2008 18.2 1
Noise by year
Year over PEL samples
2016 0% 13
2014 0% 6
2012 0% 14
2011 0% 5
2010 0% 7
2009 15% 13
2008 0% 7
2007 8% 13
2006 0% 8
2005 0% 3
2004 0% 5
2003 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bear Creek recorded 0.00 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
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 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Alabama, coal mining averaged 4.03 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
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 0.00 0.00 0.000
2005 * 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. Birmingham Coal & Coke Co., Inc. 2002 to 2016
  2. Yellowhammer Energy Solutions, LLC. 2016 to 2017
  3. Birmingham Coal & Coke Company Inc 2017 to 2020
  4. Mays Mining, Inc. 2020 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)
2020 0
2019 0
2018 1
2017 6 7,063
2016 21 43,155
2015 7 25,481
2014 17 40,263
2013 13 87,587
2012 19 128,927
2011 15 81,012
2010 7 39,301
2009 20 95,269
2008 22 183,137
2007 20 152,591
2006 20 189,984
2005 8 84,268
2004 5 68,020
2003 4 46,049
Source: MSHA quarterly employment and production, updated weekly.

Bear Creek sits in Franklin County, Alabama, where the Census mining category is 0.4% 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.
Franklin County, Alabama · Population 31,978
0.4%
Mining share of county employment
$51,493
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
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 29 0 0 0.0
2019 Q2 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 881 0 0 0.0
Show 57 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2018 Q1 627 0 0 0.0
2017 Q4 0 0 0
2017 Q3 1,883 0 0 0.0
2017 Q2 6,609 1 0 151.3
2016 Q3 2,964 3 0 1012.1
2016 Q1 10,314 2 1 193.9
2015 Q4 9,009 0 0 0.0
2015 Q3 7,111 2 0 281.3
2015 Q2 0 0 0
2015 Q1 1,521 0 0 0.0
2014 Q4 4,385 2 0 456.1
2014 Q3 11,475 0 0 0.0
2014 Q1 11,616 0 0 0.0
2013 Q4 4,435 3 1 676.4
2013 Q3 7,997 0 0 0.0
2013 Q2 1,944 5 0 2572.0
2013 Q1 14,817 0 0 0.0
2012 Q4 14,106 3 0 212.7
2012 Q3 1,308 0 0 0.0
2012 Q2 11,961 2 0 167.2
2012 Q1 10,283 0 0 0.0
2011 Q4 11,003 2 1 181.8
2011 Q3 11,159 0 0 0.0
2011 Q2 8,723 0 0 0.0
2011 Q1 8,651 0 0 0.0
2010 Q4 10,073 5 1 496.4
2010 Q3 2,806 1 0 356.4
2010 Q2 0 0 0
2010 Q1 0 0 0
2009 Q4 1,988 0 0 0.0
2009 Q3 10,468 0 0 0.0
2009 Q2 12,376 3 1 242.4
2009 Q1 15,414 6 1 389.3
2008 Q4 17,267 0 0 0.0
2008 Q3 15,484 0 0 0.0
2008 Q2 12,684 7 2 551.9
2008 Q1 9,968 3 0 301.0
2007 Q4 10,108 0 0 0.0
2007 Q3 10,836 10 7 922.8
2007 Q2 19,684 0 0 0.0
2007 Q1 20,426 4 1 195.8
2006 Q4 21,489 11 3 511.9
2006 Q3 19,392 1 0 51.6
2006 Q2 15,821 0 0 0.0
2006 Q1 6,887 9 1 1306.8
2005 Q4 8,027 0 0 0.0
2005 Q3 8,129 0 0 0.0
2005 Q2 3,709 0 0 0.0
2005 Q1 2,878 0 0 0.0
2004 Q4 3,498 0 0 0.0
2004 Q3 4,756 2 1 420.5
2004 Q2 2,888 0 0 0.0
2004 Q1 2,760 8 4 2898.6
2003 Q4 3,115 0 0 0.0
2003 Q3 3,480 0 0 0.0
2003 Q2 3,159 0 0 0.0
2003 Q1 1,321 1 1 757.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2016 · 1 incident

October 7, 2016 AL · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
Birmingham Coal & Coke Co., Inc. · Fall onto or against objects

Blaster accessing top of truck on ladder when ladder separated from truck body causing Blaster to fall against cab of truck, resulting in a left shoulder strain.