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Bens Creek No 1 Mine: 97 MSHA citations Coal

Iaeger, Mcdowell County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609247

Bens Creek No 1 Mine has $16K 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
9
Years on record
2008–2010
Latest incident
Mar 2010
Compliance record
MSHA citations since 2008
97
citations
20
significant & substantial
$15,516
proposed penalties
$14,190
paid to date
91% of proposed penalties paid to date, a $1,326 gap.
Source: MSHA violations data, updated weekly.
See Brooks Run Mining Company LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2008
17
inspections on record
617
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: 617 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Bens Creek No 1 Mine has $16K 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.
$16K
proposed penalties
$14K
current assessed
$14K
paid to date
$0
outstanding
95 assessments are final orders; 5 contested dockets.
Of $6K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2010-03-08.
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.
21.1%
significant & substantial
5.3%
high negligence or reckless
21.1%
reasonably likely or greater
8.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 35.8% low, 58.9% moderate, 5.3% 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.
32 citations taken to the federal commission · 33% of citations on record
  • Settled 32 · 100%
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 11 decided S&S contests · industry: 79%
23%
Penalty reduction in decided contests
$6K proposed, $5K 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 2010-04-07.
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
WEVA 2010-360 Settlement Lesnick 2011 $2K → $2K
WEVA 2010-183 Settlement Moran 2011 $2K → $1K
WEVA 2010-624 Settlement Moran 2011 $1K → $945
WEVA 2010-886 Settlement Andrews 2012 $425 → $250
WEVA 2010-359 Settlement Lesnick 2011 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Bens Creek No 1 Mine shows 90% of 42 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: 2010-03-03, 16 years ago
90%
within 1.5 mg/m3
42
samples
3.16
dust max (mg/m3)
18 samples taken by MSHA inspectors, 24 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR23
  • ROOF BOLTER (SINGLE HEAD)6
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)5

Silica (quartz)

Last sampled: 2009-11-09, 16 years ago
4.7
silica avg (%)
1
samples
4.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR1
See US coal mines ranked by silica in their dust samples.

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: 2009-09-08, 16 years ago
0%
over PEL
5
samples
Most-sampled occupations
  • ROOF BOLTER (SINGLE HEAD)2
  • CONTINUOUS MINER OPERATOR1
  • SCOOP CAR OPERATOR1
See US mines ranked by noise samples over the legal limit.
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
2010 85% 13
2009 93% 29
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bens Creek No 1 Mine recorded 12.52 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
ⓘ 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.
12.52
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In West Virginia, coal mining averaged 4.29 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. Riverside Energy Company, LLC 2007 to 2009
  2. Brooks Run Mining Company LLC 2009 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)
2010 27 34,672
2009 27 62,732
2008 0
Source: MSHA quarterly employment and production, updated weekly.

Bens Creek No 1 Mine sits in McDowell County, West Virginia, where the Census mining category is 13.0% 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.
McDowell County, West Virginia · Population 18,413
13.0%
Mining share of county employment
$29,980
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
2010 Q2 2,979 0 0 0.0
2010 Q1 27,380 13 1 474.8
2009 Q4 27,487 26 6 945.9
2009 Q3 19,556 50 11 2556.8
2009 Q2 897 0 0 0.0
2009 Q1 0 0 0
2008 Q4 0 1 1
2008 Q3 0 1 0
Show 2 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q2 0 0 0
2008 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

9 on file

2010 · 4 incidents

March 19, 2010 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

A roof fall was discovered just outby No. 7 entry spad location 178. The fall measured approximately 20'x50'x4-1/2' thick. No injuries resulted from this occurence.

March 8, 2010 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

A roof fall was discovered adjacent to spad location 286 between the No. 1 and No. 2 entries. The fall measured approximately 70' long x 20' wide x 4-1/2' thick. No injuries resulted from this occurrence.

February 17, 2010 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

A roof fall was discovered in the crosscut between spad locations 248 and 256. The fall was approximately 60' long X 20' Wide x 4-1/2' thick. No injuries, damage to equipment or disruption to ventilation resulted.

February 6, 2010 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

A roof fall was found in the No. 3 entry at the No. 4 crosscut intersection. The fall measured approximately 20' wide x 20' long and 5' thick. No injuries or equipment damage resulted from this occurrence.

2009 · 4 incidents

November 10, 2009 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

A roof fall occurred in the no. 6 entry between no. 14 crosscut and no. 15 crosscut. The fall measured approximately 20' wide, 25' long and 6' high. There were no injuries or damage to equipment from this occurrence.

November 9, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Brooks Run Mining Company LLC · Struck by flying object

A scoop was being used to pull belt through the tailpiece and belt drive. The wire rope connected to the scoop broke causing the rope to fly back. The rope struck the employee across the forehead and cheek.

September 30, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Brooks Run Mining Company LLC · Caught in, under or between (Not Elsewhere Classified)

Employee was drilling a roof bolt hole when a piece of drill steel dropped off the drill tray to the inside of the drill boom. He instinctively reached for the steel and got his finger pinched between the long and short drill boom leveling arms. This caused a laceration to the end of his right index finger.

September 12, 2009 WV · Coal utility man, errand boy, service truck operator MACHINERY
Brooks Run Mining Company LLC · Over-exertion (Not Elsewhere Classified)

Employee complained of consistent pain in his back while engaged in various work activities over a two day period.

2008 · 1 incident

July 7, 2008 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Riverside Energy Company, LLC · Struck against a moving object

Operator lost control of truck and ran into the ditch and embankment, overturning the cab. The driver's side of the cab was on the ground, the rest of the truck remained upright.