Mining Incidents

Buck Creek No. 1: 235 MSHA citations Coal

Controlled by Metinvest B V
Deane, Letcher County, KY  ·  Abandoned
MSHA Mine ID: 1516812

Buck Creek No. 1 has $43K in proposed MSHA penalties and $1K outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
28
Years on record
1990–2007
Latest incident
Oct 2007
Compliance record
MSHA citations since 2000
235
citations
88
significant & substantial
$43,146
proposed penalties
$39,740
paid to date
92% of proposed penalties paid to date, a $3,406 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
67
inspections on record
1,765
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.
235 citations across 1,765 inspection hours.
Source: MSHA inspections data, updated weekly.

Buck Creek No. 1 has $43K in proposed MSHA penalties and $1K 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.
$43K
proposed penalties
$41K
current assessed
$40K
paid to date
$1K
outstanding
231 assessments are final orders; 5 contested dockets.
Of $10K in penalties contested before the Commission, $8K was upheld in final decisions.
As of the most recent assessment on 2010-06-04.
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.
38.1%
significant & substantial
0.9%
high negligence or reckless
39.0%
reasonably likely or greater
15.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.1% low, 93.1% moderate, 0.9% 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 · 4% of citations on record
  • Settled 10 · 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 9 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$10K proposed, $8K 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 2010-03-09.
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
KENT 2010-809 Settlement Pope II 2011 $5K → $4K
KENT 2007-425 Settlement Weisberger 2008 $2K → $2K
KENT 2009-32 Settlement 2011 $2K → $1K
KENT 2008-1519 Settlement Weisberger 2011 $1K → $1K
KENT 2008-111 Settlement Lesnick 2009 $460 → $368
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Buck Creek No. 1 shows 98% of 146 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: 2010-05-18, 16 years ago
98%
within 1.5 mg/m3
146
samples
2.90
dust max (mg/m3)
120 samples taken by MSHA inspectors, 26 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR62
  • HIGHLIFT OPERATOR/FRONT END LOADER36
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE21

Silica (quartz)

Last sampled: 2008-08-28, 17 years ago
14.7
silica avg (%)
8
samples
31.5
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • GROUNDMAN1
  • 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: 2009-12-10, 16 years ago
5%
over PEL
41
samples
Most-sampled occupations
  • BULLDOZER OPERATOR14
  • HIGHLIFT OPERATOR/FRONT END LOADER12
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE12
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 100% 16
2009 100% 25
2008 100% 22
2007 96% 26
2006 100% 18
2005 92% 12
2004 100% 13
2001 83% 6
2000 100% 8
Silica (quartz) by year
Year silica avg (%) samples
2008 8.0 1
2007 7.0 1
2006 15.8 1
2004 20.3 3
2001 18.6 1
2000 7.0 1
Noise by year
Year over PEL samples
2009 7% 14
2008 20% 5
2007 0% 7
2006 0% 5
2005 0% 5
2004 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Buck Creek No. 1 recorded 0.00 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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
Below average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In Kentucky, coal mining averaged 4.85 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
2010 * 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
2004 * 8.70 8.70 0.000
2001 * 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. Big Elk Creek Coal Company Inc 1990 to 1990
  2. Poley Coal Corp 1990 to 2000
  3. Carbon River Coal Corp 2000 to 2003
  4. Sapphire Mining, Inc. 2003 to 2004
  5. Coal Extraction LLC 2004 to 2004
  6. Sapphire Coal Company 2004 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)
2011 0
2010 13 73,281
2009 21 146,215
2008 24 188,935
2007 23 204,379
2006 26 194,720
2005 21 167,482
2004 30 147,316
2003 2
2002 4
2001 10 41,381
2000 30 166,467
Source: MSHA quarterly employment and production, updated weekly.

Buck Creek No. 1 sits in Letcher County, Kentucky, where the Census mining category is 3.5% 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.
Letcher County, Kentucky · Population 21,146
3.5%
Mining share of county employment
$40,501
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
2011 Q1 0 0 0
2010 Q4 2,627 0 0 0.0
2010 Q3 5,270 0 0 0.0
2010 Q2 14,067 4 0 284.4
2010 Q1 15,061 8 3 531.2
2009 Q4 14,379 4 2 278.2
2009 Q3 10,946 13 0 1187.6
2009 Q2 12,867 0 0 0.0
Show 37 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q1 14,767 7 2 474.0
2008 Q4 16,339 8 1 489.6
2008 Q3 15,046 11 1 731.1
2008 Q2 18,619 2 2 107.4
2008 Q1 18,679 8 0 428.3
2007 Q4 15,316 0 0 0.0
2007 Q3 16,463 3 1 182.2
2007 Q2 14,967 2 2 133.6
2007 Q1 13,705 4 1 291.9
2006 Q4 16,141 1 0 62.0
2006 Q3 15,644 6 2 383.5
2006 Q2 14,231 0 0 0.0
2006 Q1 15,829 8 0 505.4
2005 Q4 14,549 0 0 0.0
2005 Q3 14,892 4 0 268.6
2005 Q2 10,854 0 0 0.0
2005 Q1 8,007 3 3 374.7
2004 Q4 7,621 0 0 0.0
2004 Q3 25,178 25 12 992.9
2004 Q2 22,215 1 0 45.0
2004 Q1 13,920 17 8 1221.3
2003 Q4 0 0 0
2003 Q3 422 0 0 0.0
2003 Q2 1,269 0 0 0.0
2003 Q1 1,328 0 0 0.0
2002 Q4 3,910 3 1 767.3
2002 Q3 3,794 0 0 0.0
2002 Q2 3,998 4 0 1000.5
2002 Q1 0 0 0
2001 Q4 3,127 0 0 0.0
2001 Q3 4,057 0 0 0.0
2001 Q2 3,026 6 5 1982.8
2001 Q1 17,476 12 5 686.7
2000 Q4 21,122 2 1 94.7
2000 Q3 27,217 29 21 1065.5
2000 Q2 10,672 1 1 93.7
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

28 on file

2007 · 1 incident

October 1, 2007 KY · Coal refuse truck driver, backfill truck driver, stock pile truck driver POWERED HAULAGE
Sapphire Coal Company · Struck against a moving object

Driver overturned loaded coal truck.

2004 · 3 incidents

September 22, 2004 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Coal Extraction LLC · Struck against a moving object

Went into shot, hit hard rock in bottom of shot, throwing him up out of his seat injuring his back.

May 4, 2004 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FIRE
Coal Extraction LLC · Contact with hot objects or substances

CUTTING GEARS OUT OF FINAL DRIVE WITH TORCH WHEN ACEYCLENE BUILD UP IN CUTTING AREA IGNITED WHEN TORCH WAS LIT, BURNING HIS FACE, EYES, AND NECK.

March 5, 2004 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Sapphire Mining, Inc. · Struck against a moving object

EE was driving a rock truck when he hit a hole in the roadway, hurting his neck and back.

2000 · 1 incident

June 29, 2000 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Carbon River Coal Corp · Struck against a moving object

LOADER WENT OUT OF CONTROL AND WENT OVER ABOUT A 4 FEET EMBANKMENT BROKE 3 RIBS.

1998 · 3 incidents

November 27, 1998 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Poley Coal Corp · Struck against a moving object

LOADING ROCK & DIRT INTO HAULER WITH 992-LOADER. ROCK HIT LOADER, JOLTED OPERATOR, CAUSING HEAD TO HIT WINDOW HANDLE.

October 5, 1998 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OCCUPATIONAL SKIN DISEASES
Poley Coal Corp · Absorption of radiations, caustics, toxic and noxious substances

ALLERGIC REACTION TO VARIOUS CLEANING AGENTS, MOTOR OILS OR OTHER OILS.

September 2, 1998 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
Poley Coal Corp · Fall to lower level, (Not Elsewhere Classified)

AFTER PUTTING OFF BLAST WALKED OVER TO CHECK SHOT AREA: GROUND GAVE WAY, FELL INTO 12'-15' HOLE

1997 · 1 incident

July 10, 1997 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Poley Coal Corp · Fall from machine

AT END OF SHIFT, DISMOUNTING HAULER BY LADDER. FOOT SLIPPED LEG HIT HAULER, FRACTURED TIBIA IN LEFT LEG.

1995 · 5 incidents

November 15, 1995 KY · Coal FIRE
Poley Coal Corp · Accident type, without injuries

ROCK TRUCK WAS LOADED AND BACKING TOWARD DUMP. WHEN TRUCK STOPPED AND STARTED RAISING BED THE DUMP BROKE AND TRUCK OVERTURNED. AFTER REMAINING UPSIDE DOWN FOR 3 HOURS TRUCK CAUGHT FIRE AND BUR NED. EMPLOYEE JUMPED FROM TRUCK AND NO INJURIES OCCURRED.

May 1, 1995 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Poley Coal Corp · Struck against a moving object

WHILE RECLAIMING SLOPE SLID ACROSS PROTRUDING ROCK CAUSING UNBALANCE OF DOZER DOZER ROLLED DOWN SLOPE OPERATOR RECEIVED GASH ON BACK OF HEAD & GASH ABOVE FOREHEAD

April 22, 1995 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Poley Coal Corp · Over-exertion (Not Elsewhere Classified)

WHIILE LOADING OXYGEN TANK IN PICKUP, REMAINNG TANKS STARTED TOTOPPLE. ATTEMPTED TO STEADY TOPPLING TANKS. SPRAINED LEFT WRIST.

March 18, 1995 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Poley Coal Corp · Struck by... (Not Elsewhere Classified)

WHILE OPERATING CAT HAULER WITH RIGHT HAND, CHECKED BEHIND OPERATOR'S SEAT TO SEE IF COOL AIR WAS COMMING THROUGH FAN. FAN COVER HAD FALLEN OFF. RIGHT MIDDLE FINGER/1ST JOINT LACERATED, FINGER NAIL REMOVED AND CUT INTO BONE.

January 18, 1995 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Poley Coal Corp · Struck against a moving object

WHILE REGRADING SLOPE RECLANATION DOZER BECAME LODGED ON ROCKS AND TREES. ATTEMPTING TO DISLODGE DOZER TURNED OVER AND ROLLED DOWN SLOPE LACERATION TO HEAD 2ND HANDS. BROKEN RIGHT WRIST AND LI TTLE FINGER.

1993 · 1 incident

October 13, 1993 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Poley Coal Corp · Struck by falling object

REPLACING PLANETARY ON CAT 992C LOADER LIFTING MECHANISM SLIPPED. PLANETARY FELL ON MECHANICS RIGHT FOOT BRUISED RIGHT FOOT.

1992 · 5 incidents

December 28, 1992 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Poley Coal Corp · Fall from ladders

DESCENDING METAL LADDER PROPPED AGAINST HAULER- SLIPPED AND FELL TO GROUND.

October 14, 1992 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Poley Coal Corp · Struck against a moving object

INJURED WAS DOING RECLAMATION WORK WITH A TRACK LOADER.HE WAS PUSHING OVER A TREE AND ROOTS ROLLED TRACK LOADER.

February 21, 1992 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Poley Coal Corp · Struck by... (Not Elsewhere Classified)

SERVICING DOZER USED PRY BAR TO REMOVE COVER FOR FILTER PRY BAR SLIPPED LEFT HAND HIT DOZER J HOOK CAUGHT MIDDLE FINGER KNUCKLE ON LEFT HAND EMBEDDED J HOOK

January 15, 1992 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Poley Coal Corp · Fall to the walkway or working surface

WALING FROM SERVICE TRUCK TO 992C LOADER TRIPPED ON ROCK FELL ON LEFT HAND BROKE LITTLE FINGER ON LEFT HAND

1991 · 3 incidents

September 9, 1991 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
Poley Coal Corp · Struck by... (Not Elsewhere Classified)

WHILE HELPING MECHANIC REPAIR POWDER TRUCK, KNOCKING U-JOINT APART WITH HAMMER , A PIECE OF METAL HIT EMPLOYEE IN ABDOMEN.

March 6, 1991 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Poley Coal Corp · Fall from machine

DESCENDING LADDER OF HAULER-FELL-SUFFERED HEAD, NECK AND BACK PAIN.

February 11, 1991 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Poley Coal Corp · Fall from machine

FELL OFF CATWALK OF HAULER-INJURED SHOULDER AND ARM.

1990 · 5 incidents

October 27, 1990 KY · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Big Elk Creek Coal Company Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS STEPPING OUT OF FOREMAN'S TRUCK, WHEN HIS FOOT HIT THE GROUND AND TWISTED HIS ANKLE.

August 3, 1990 KY · Coal greaser, grease man, oiler, lube man, dragline oiler MACHINERY
Big Elk Creek Coal Company Inc · Caught in, under or between (Not Elsewhere Classified)

EMPLOYEE'S HAND CAUGHT BETWEEN AIR GUN AND JACK WHILE REPLACING BOLTS ON A TRACK LOADER.

May 10, 1990 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Big Elk Creek Coal Company Inc · Struck by... (Not Elsewhere Classified)

WHILE HELPING MECHANIC KNOCK PIN OUT OF FRAME ON DOZER, THE MECHANIC'S HAMMER SLIPPED AND HIT.

May 5, 1990 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Big Elk Creek Coal Company Inc · Struck against a moving object

WHILE OPERATING DOZER, HE HIT A LARGE ROCK. THIS JERKED EMPLOYEE, PUTTING A STRAIN ON BACK OF NECK.