Mining Incidents

Bear Creek: 145 MSHA citations Metal/Non-Metal

Peninsula Topsoil · Surface
Belfair, Mason County, WA  ·  Active
MSHA Mine ID: 4503599

Bear Creek has $38K in proposed MSHA penalties and $0 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2012–2024
Latest incident
Feb 2024
Compliance record
MSHA citations since 2006
145
citations
25
significant & substantial
$37,634
proposed penalties
$34,290
paid to date
91% of proposed penalties paid to date, a $3,344 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
62
inspections on record
1,090
inspection hours
13.3
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.
145 citations across 1,090 inspection hours.
Source: MSHA inspections data, updated weekly.

Bear Creek has $38K in proposed MSHA penalties and $0 outstanding across 5 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.
$38K
proposed penalties
$34K
current assessed
$34K
paid to date
$0
outstanding
140 assessments are final orders; 5 contested dockets.
Of $19K in penalties contested before the Commission, $14K was upheld in final decisions.
As of the most recent assessment on 2026-02-03.
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.
17.4%
significant & substantial
6.2%
high negligence or reckless
17.4%
reasonably likely or greater
52.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.8% low, 72.9% moderate, 6.2% 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.
43 citations taken to the federal commission · 30% of citations on record
  • Settled 26 · 60%
  • Stood as issued 12 · 28%
  • Vacated or withdrawn 5 · 12%
60%
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 10 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$19K proposed, $14K 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 2014-09-22.
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 2014-1034 Settlement Barbour 2015 $6K → $3K
WEST 2013-1012M Default Lesnick 2013 $5K → $5K
WEST 2012-580M Settlement Manning 2013 $5K → $4K
WEST 2013-399M Settlement Barbour 2013 $2K → $2K
WEST 2012-1395M Settlement Barbour 2015 $1K → $541
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: 2026-02-03
0%
of limit-tested samples over the exposure limit
11
samples
2
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg5
  • Quartz, respirable, >1% Qtz4
  • Unlisted Particulate, respirable, <1% Qtz2
Show the individual readings (11)
Date Contaminant Concentration Limit Conc / limit Occupation
2026-02-03 Unlisted Particulate, respirable, <1% Qtz 0.39 Front-end Loader Operator
2026-02-03 Respirable dust, <.1mg 0 Laborer, Bullgang
2021-09-15 Respirable dust, <.1mg 0 Rotary Bucket Ex. Operator
2021-09-15 Unlisted Particulate, respirable, <1% Qtz 0.16 Truck Driver
2021-09-15 Quartz, respirable, >1% Qtz 0.29 Front-end Loader Operator
2019-11-14 Respirable dust, <.1mg 0 Crusher Oper/Worker
2019-11-14 Quartz, respirable, >1% Qtz 0.32 Front-end Loader Operator
2016-10-26 Quartz, respirable, >1% Qtz 0.24 1.65 0.15 Dry Screen Plant Operator
2016-10-26 Respirable dust, <.1mg 0 Bulldozer Operator
2016-10-26 Quartz, respirable, >1% Qtz 0.2 0.83 0.24 Crusher Oper/Worker
2010-02-18 Respirable dust, <.1mg 0 Crusher Oper/Worker
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.

Bear Creek recorded 0.00 reportable injury cases per 100 full-time workers in 2023.

Injury rate, 2023
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 1.78 and the all-US-mining average was 2.10 cases per 100 workers.
In Washington, metal and nonmetal mining averaged 1.87 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
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 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. Peninsula Topsoil 2006 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 9
2025 8
2024 8
2023 10
2022 9
2021 9
2020 8
2019 8
2018 8
2017 8
2016 8
2015 8
2014 8
2013 7
2012 5
2011 5
2010 5
2009 6
2008 7
2007 6
2006 2
Source: MSHA quarterly employment and production, updated weekly.

Bear Creek sits in Mason County, Washington, where the Census mining category is 0.2% 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.
Mason County, Washington · Population 66,968
0.2%
Mining share of county employment
$78,359
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 5,056 0 0 0.0
2026 Q1 4,233 1 0 236.2
2025 Q4 6,523 0 0 0.0
2025 Q3 5,179 0 0 0.0
2025 Q2 4,618 1 0 216.5
2025 Q1 3,111 0 0 0.0
2024 Q4 4,078 0 0 0.0
2024 Q3 4,162 4 0 961.1
Show 72 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 4,847 0 0 0.0
2024 Q1 3,827 1 0 261.3
2023 Q4 6,081 2 1 328.9
2023 Q3 5,518 0 0 0.0
2023 Q2 6,262 2 0 319.4
2023 Q1 4,966 2 0 402.7
2022 Q4 5,835 0 0 0.0
2022 Q3 7,133 1 0 140.2
2022 Q2 4,862 3 0 617.0
2022 Q1 4,213 0 0 0.0
2021 Q4 5,579 1 0 179.2
2021 Q3 5,960 0 0 0.0
2021 Q2 5,149 3 1 582.6
2021 Q1 4,699 0 0 0.0
2020 Q4 4,957 7 2 1412.1
2020 Q3 5,005 0 0 0.0
2020 Q2 3,733 0 0 0.0
2020 Q1 4,848 0 0 0.0
2019 Q4 3,846 1 0 260.0
2019 Q3 4,689 1 0 213.3
2019 Q2 4,611 0 0 0.0
2019 Q1 4,404 0 0 0.0
2018 Q4 4,010 1 0 249.4
2018 Q3 5,485 3 0 546.9
2018 Q2 4,932 0 0 0.0
2018 Q1 4,457 0 0 0.0
2017 Q4 4,451 7 2 1572.7
2017 Q3 5,946 0 0 0.0
2017 Q2 5,447 0 0 0.0
2017 Q1 3,817 8 2 2095.9
2016 Q4 3,277 4 1 1220.6
2016 Q3 5,391 0 0 0.0
2016 Q2 5,920 2 1 337.8
2016 Q1 3,938 0 0 0.0
2015 Q4 4,809 3 1 623.8
2015 Q3 4,954 6 0 1211.1
2015 Q2 6,439 0 0 0.0
2015 Q1 2,561 5 0 1952.4
2014 Q4 4,712 0 0 0.0
2014 Q3 5,263 10 1 1900.1
2014 Q2 4,709 0 0 0.0
2014 Q1 2,953 9 0 3047.7
2013 Q4 3,705 0 0 0.0
2013 Q3 4,439 0 0 0.0
2013 Q2 5,229 14 2 2677.4
2013 Q1 2,609 0 0 0.0
2012 Q4 3,141 7 2 2228.6
2012 Q3 3,879 0 0 0.0
2012 Q2 2,978 4 1 1343.2
2012 Q1 1,215 0 0 0.0
2011 Q4 1,574 8 0 5082.6
2011 Q3 3,833 0 0 0.0
2011 Q2 1,990 10 4 5025.1
2011 Q1 1,740 4 0 2298.9
2010 Q4 3,222 0 0 0.0
2010 Q3 3,831 0 0 0.0
2010 Q2 2,970 0 0 0.0
2010 Q1 2,680 2 2 746.3
2009 Q4 4,412 0 0 0.0
2009 Q3 4,645 0 0 0.0
2009 Q2 2,449 0 0 0.0
2009 Q1 2,080 0 0 0.0
2008 Q4 3,614 2 0 553.4
2008 Q3 4,342 0 0 0.0
2008 Q2 3,683 0 0 0.0
2008 Q1 3,937 0 0 0.0
2007 Q4 2,910 0 0 0.0
2007 Q3 3,094 0 0 0.0
2007 Q2 2,767 0 0 0.0
2007 Q1 2,014 1 0 496.5
2006 Q4 1,247 1 0 801.9
2006 Q3 635 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2024 · 1 incident

February 15, 2024 WA · Metal/Non-Metal outside foreman, leadman SLIP OR FALL OF PERSON
Peninsula Topsoil · Fall to the walkway or working surface

While exiting the power shack, I tripped and landed wrong on my left leg, and felt a pop just to the inside and above my knee. Xrays shows a fractured Femur.

2020 · 1 incident

October 16, 2020 WA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Peninsula Topsoil · Struck by... (Not Elsewhere Classified)

Miner was helping change out cutting edges on the 980H wheel loader. Miner went to loosen one of the bolts and held EE's hand on the bottom side of bolt to keep it in the hole, when EE hit the trigger for the impact gun the bolt spun and cut EE's finger.

2017 · 1 incident

December 15, 2017 WA · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator DISORDERS (REPEATED TRAUMA)
Peninsula Topsoil · Over-exertion (Not Elsewhere Classified)

Operating loader repetitively caused shoulder pain.

2016 · 2 incidents

July 20, 2016 WA · Metal/Non-Metal mine manager, mine foreman, mine owner HANDTOOLS (NONPOWERED)
Peninsula Topsoil · Struck by... (Not Elsewhere Classified)

Cut left index finger tip with a razor knife.

March 3, 2016 WA · Metal/Non-Metal crusher attendant/operator, pan feeder operator/worker MACHINERY
Peninsula Topsoil · Struck by flying object

Crusher operator was shoveling out a tall drum on a conveyor belt when a rock flew out of the crusher cone striking the shoulder. Operator said the shoulder hurt and I advised employee to go to the local ER to get checked out. Worker has lost no days of work and was put on light duty the next day.

2014 · 1 incident

March 10, 2014 WA · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Peninsula Topsoil · Struck by... (Not Elsewhere Classified)

He was coiling hydraulic lines for a submersible pump, and the metal braid was frayed, and punctured the thumb. An infection of the wound has progressed to cellulitis.

2013 · 1 incident

January 14, 2013 WA · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Peninsula Topsoil · Over-exertion (Not Elsewhere Classified)

Started up my loader and was walking back to the job shack and slipped on a patch of ice and hurt my ankle.

2012 · 1 incident

April 27, 2012 WA · Metal/Non-Metal ledgeman/hand, quarry man SLIP OR FALL OF PERSON
Peninsula Topsoil · Fall onto or against objects

Was working on hopper doing the skirtboard rubber adjustment when he slipped and landed on a edge of guard and tore open his armpit area went to hospital and received stitches and was sent home was told he could RTW on Monday.