Mining Incidents

Big Creek Washer: 93 MSHA citations Coal

Controlled by Edward A Asbury
Cucumber, Mcdowell County, WV  ·  Active
MSHA Mine ID: 4607852

Big Creek Washer has $15K in proposed MSHA penalties and $3K 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
2012–2026
Latest incident
Jul 2026
Compliance record
MSHA citations since 2000
93
citations
24
significant & substantial
$15,491
proposed penalties
$11,935
paid to date
77% of proposed penalties paid to date, a $3,556 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
77
inspections on record
1,316
inspection hours
7.1
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.
93 citations across 1,316 inspection hours.
Source: MSHA inspections data, updated weekly.

Big Creek Washer has $15K in proposed MSHA penalties and $3K 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.
$15K
proposed penalties
$15K
current assessed
$12K
paid to date
$3K
outstanding
92 assessments are final orders; 2 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2025-10-21.
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.
26.1%
significant & substantial
3.3%
high negligence or reckless
26.1%
reasonably likely or greater
45.7%
permanently disabling or fatal if injury occurs
Negligence coding: 1.1% none, 29.3% low, 66.3% moderate, 3.3% 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.
10 citations taken to the federal commission · 11% of citations on record
  • Settled 4 · 40%
  • Stood as issued 6 · 60%
86%
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 7 decided S&S contests · industry: 79%
16%
Penalty reduction in decided contests
$4K 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 2017-06-27.
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 2017-0473 Default Lesnick 2017 $2K → $2K
WEVA 2012-1274 Settlement Simonton 2013 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Big Creek Washer shows 100% of 129 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: 2025-10-21
100%
within 1.5 mg/m3
129
samples
0.99
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.
129 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER49
  • WASHER OPERATOR23
  • WEIGHMAN16

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: 2025-10-21
1%
over PEL
78
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER28
  • WASHER OPERATOR15
  • WEIGHMAN7
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
2025 100% 9
2024 100% 5
2023 100% 6
2022 100% 6
2021 100% 3
2020 100% 10
2019 100% 9
2018 100% 5
2017 100% 7
2016 100% 3
2015 100% 8
2014 100% 8
2013 100% 9
2012 100% 6
2011 100% 7
2010 100% 2
2008 100% 4
2005 100% 7
2004 100% 2
2003 100% 3
2002 100% 3
2001 100% 4
2000 100% 3
Noise by year
Year over PEL samples
2025 0% 6
2024 0% 3
2023 0% 3
2022 33% 3
2021 0% 3
2020 0% 7
2019 0% 5
2018 0% 3
2017 0% 3
2016 0% 3
2015 0% 8
2014 0% 8
2013 0% 2
2012 0% 3
2011 0% 8
2009 0% 2
2005 0% 5
2003 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Big Creek Washer recorded 0.00 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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 1.97 cases per 100 workers.
In West Virginia, coal mining averaged 3.89 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
2025 * 0.00 0.00 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2020 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 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. Baystar Coal Company Inc 1990 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 11
2025 10
2024 10
2023 12
2022 12
2021 12
2020 13
2019 13
2018 16
2017 15
2016 16
2015 15
2014 14
2013 10
2012 11
2011 11
2010 9
2009 8
2008 8
2007 10
2006 12
2005 10
2004 25
2003 8
2002 8
2001 8
2000 4
Source: MSHA quarterly employment and production, updated weekly.

Big Creek Washer 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
2026 Q2 5,772 0 0 0.0
2026 Q1 5,541 0 0 0.0
2025 Q4 5,148 4 0 777.0
2025 Q3 5,586 0 0 0.0
2025 Q2 5,307 4 2 753.7
2025 Q1 5,615 0 0 0.0
2024 Q4 5,110 0 0 0.0
2024 Q3 5,726 0 0 0.0
Show 97 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 5,476 0 0 0.0
2024 Q1 6,176 1 0 161.9
2023 Q4 5,954 0 0 0.0
2023 Q3 6,754 4 1 592.2
2023 Q2 6,104 0 0 0.0
2023 Q1 7,562 2 0 264.5
2022 Q4 6,423 0 0 0.0
2022 Q3 7,320 2 0 273.2
2022 Q2 7,636 0 0 0.0
2022 Q1 6,277 4 0 637.2
2021 Q4 7,401 0 0 0.0
2021 Q3 5,814 0 0 0.0
2021 Q2 7,569 1 0 132.1
2021 Q1 6,049 0 0 0.0
2020 Q4 7,520 1 0 133.0
2020 Q3 4,331 0 0 0.0
2020 Q2 7,973 0 0 0.0
2020 Q1 5,954 1 0 168.0
2019 Q4 7,066 0 0 0.0
2019 Q3 7,117 1 0 140.5
2019 Q2 7,899 0 0 0.0
2019 Q1 7,950 1 0 125.8
2018 Q4 10,584 0 0 0.0
2018 Q3 8,530 0 0 0.0
2018 Q2 8,617 0 0 0.0
2018 Q1 8,833 1 0 113.2
2017 Q4 7,643 0 0 0.0
2017 Q3 7,646 0 0 0.0
2017 Q2 9,275 6 3 646.9
2017 Q1 8,120 1 0 123.2
2016 Q4 12,842 0 0 0.0
2016 Q3 8,552 1 0 116.9
2016 Q2 7,138 0 0 0.0
2016 Q1 7,082 1 0 141.2
2015 Q4 8,760 1 0 114.2
2015 Q3 8,752 0 0 0.0
2015 Q2 8,361 2 0 239.2
2015 Q1 10,151 0 0 0.0
2014 Q4 8,525 0 0 0.0
2014 Q3 8,876 1 1 112.7
2014 Q2 6,996 0 0 0.0
2014 Q1 6,920 0 0 0.0
2013 Q4 5,633 2 0 355.1
2013 Q3 5,052 2 0 395.9
2013 Q2 5,093 0 0 0.0
2013 Q1 7,173 3 0 418.2
2012 Q4 6,681 0 0 0.0
2012 Q3 7,909 1 0 126.4
2012 Q2 7,285 0 0 0.0
2012 Q1 7,026 11 8 1565.6
2011 Q4 6,212 0 0 0.0
2011 Q3 5,800 5 1 862.1
2011 Q2 7,041 0 0 0.0
2011 Q1 6,928 1 1 144.3
2010 Q4 6,887 0 0 0.0
2010 Q3 4,599 0 0 0.0
2010 Q2 5,718 0 0 0.0
2010 Q1 4,773 0 0 0.0
2009 Q4 5,255 0 0 0.0
2009 Q3 3,280 0 0 0.0
2009 Q2 5,513 0 0 0.0
2009 Q1 5,018 0 0 0.0
2008 Q4 5,437 0 0 0.0
2008 Q3 3,726 0 0 0.0
2008 Q2 6,308 0 0 0.0
2008 Q1 5,214 3 0 575.4
2007 Q3 5,461 0 0 0.0
2007 Q2 5,846 0 0 0.0
2007 Q1 5,576 0 0 0.0
2006 Q4 8,682 0 0 0.0
2006 Q3 6,012 0 0 0.0
2006 Q2 6,322 0 0 0.0
2006 Q1 6,735 0 0 0.0
2005 Q4 5,939 0 0 0.0
2005 Q3 5,359 0 0 0.0
2005 Q2 5,586 1 0 179.0
2005 Q1 4,503 0 0 0.0
2004 Q4 5,010 0 0 0.0
2004 Q3 5,575 0 0 0.0
2004 Q2 5,194 0 0 0.0
2004 Q1 5,797 3 0 517.5
2003 Q4 5,317 0 0 0.0
2003 Q3 3,449 0 0 0.0
2003 Q2 4,473 0 0 0.0
2003 Q1 4,289 0 0 0.0
2002 Q4 4,077 0 0 0.0
2002 Q3 4,376 0 0 0.0
2002 Q2 4,216 8 0 1897.5
2002 Q1 4,825 2 0 414.5
2001 Q4 4,379 0 0 0.0
2001 Q3 5,005 1 1 199.8
2001 Q2 4,346 0 0 0.0
2001 Q1 5,089 0 0 0.0
2000 Q4 2,400 0 0 0.0
2000 Q3 2,045 1 0 489.0
2000 Q2 1,965 0 0 0.0
2000 Q1 520 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2026 · 1 incident

July 7, 2026 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Baystar Coal Company Inc · Struck by falling object

Employee was helping to install a transmission in a Mack Coal Truck when a piece of dirt fell into EE's right eye. (Employee was wearing safety glasses at the time of the accident)

2012 · 1 incident

January 4, 2012 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Baystar Coal Company Inc · Struck by... (Not Elsewhere Classified)

When shutting tailgate on truck, mashed middle finger on right hand