Mining Incidents

Bull Creek Surface Mine #1: 162 MSHA citations Coal

FR Performance LLC · Surface
Controlled by Freddie Revis
Gunlock, Magoffin County, KY  ·  Abandoned
MSHA Mine ID: 1518947

Bull Creek Surface Mine #1 has $94K in proposed MSHA penalties and $7K outstanding across 2 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Bull Creek Surface Mine #1.

Fatalities
0
Total incidents
18
Years on record
2006–2011
Latest incident
Nov 2011
Compliance record
MSHA citations since 2006
162
citations
94
significant & substantial
$94,215
proposed penalties
$72,835
paid to date
77% of proposed penalties paid to date, a $21,380 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
55
inspections on record
1,676
inspection hours
9.7
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.
162 citations across 1,676 inspection hours.
Source: MSHA inspections data, updated weekly.

Bull Creek Surface Mine #1 has $94K in proposed MSHA penalties and $7K 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.
$94K
proposed penalties
$80K
current assessed
$73K
paid to date
$7K
outstanding
158 assessments are final orders; 2 contested dockets.
Of $27K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2019-06-24.
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.
59.5%
significant & substantial
3.8%
high negligence or reckless
59.5%
reasonably likely or greater
17.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 12.0% low, 84.2% moderate, 3.8% 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.
3 citations taken to the federal commission · 2% of citations on record
  • Settled 2 · 67%
  • Vacated or withdrawn 1 · 33%
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 2 decided S&S contests · industry: 79%
55%
Penalty reduction in decided contests
$27K proposed, $12K 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 2008-01-17.
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 2008-160 Settlement Zielinski 2009 $14K → $6K
KENT 2008-424 Settlement Weisberger 2009 $13K → $6K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Bull Creek Surface Mine #1 shows 98% of 99 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: 2022-02-21, 4 years ago
98%
within 1.5 mg/m3
99
samples
1.64
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.
87 samples taken by MSHA inspectors, 12 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR38
  • HIGHLIFT OPERATOR/FRONT END LOADER15
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE11

Silica (quartz)

Last sampled: 2015-12-11, 10 years ago
27.3
silica avg (%)
4
samples
36.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR4

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: 2021-08-26, 5 years ago
5%
over PEL
61
samples
Most-sampled occupations
  • BULLDOZER OPERATOR19
  • HIGHLIFT OPERATOR/FRONT END LOADER9
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE7
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
2022 100% 1
2021 100% 8
2020 100% 4
2019 100% 6
2018 100% 1
2017 100% 2
2016 100% 1
2015 100% 3
2012 100% 1
2011 100% 10
2009 92% 12
2008 100% 15
2007 95% 22
2006 100% 13
Silica (quartz) by year
Year silica avg (%) samples
2015 36.3 1
2009 23.8 1
2008 24.3 1
2007 24.9 1
Noise by year
Year over PEL samples
2021 0% 4
2019 0% 4
2018 0% 1
2017 0% 1
2015 0% 2
2012 0% 1
2011 0% 10
2009 0% 6
2008 0% 8
2007 6% 17
2006 29% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Bull Creek Surface Mine #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In Kentucky, coal mining averaged 4.35 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
2012 * 0.00 0.00 0.000
2011 * 9.67 7.25 0.000
2009 * 2.60 2.60 0.000
2008 3.21 3.21 0.000
2007 7.51 7.51 0.000
2006 * 9.23 9.23 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. Locust Grove Inc 2005 to 2010
  2. Kentucky Fuel Corporation 2010 to 2018
  3. FR Performance LLC 2018 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)
2023 0
2022 2
2021 4
2020 4
2019 3
2018 2
2017 5 2,960
2016 5
2015 7
2014 13 5,000
2013 1 786
2012 20 35,113
2011 32 109,334
2010 2
2009 32 367,279
2008 43 680,881
2007 35 602,482
2006 21 412,214
2005 0
Source: MSHA quarterly employment and production, updated weekly.

Bull Creek Surface Mine #1 sits in Magoffin County, Kentucky, where the Census mining category is 2.7% 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.
Magoffin County, Kentucky · Population 11,495
2.7%
Mining share of county employment
$33,632
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
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 2,640 0 0 0.0
2022 Q1 2,380 0 0 0.0
2021 Q4 2,400 0 0 0.0
Show 63 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q3 2,060 0 0 0.0
2021 Q2 2,180 0 0 0.0
2021 Q1 2,080 0 0 0.0
2020 Q4 2,064 0 0 0.0
2020 Q3 1,940 0 0 0.0
2020 Q2 1,440 0 0 0.0
2020 Q1 1,440 0 0 0.0
2019 Q4 1,440 0 0 0.0
2019 Q3 1,440 0 0 0.0
2019 Q2 1,940 1 1 515.5
2019 Q1 1,980 0 0 0.0
2018 Q4 1,920 0 0 0.0
2018 Q3 0 3 0
2018 Q2 980 7 0 7142.9
2018 Q1 1,260 0 0 0.0
2017 Q4 1,494 0 0 0.0
2017 Q3 4,293 0 0 0.0
2017 Q2 1,137 0 0 0.0
2017 Q1 2,213 1 0 451.9
2016 Q4 0 0 0
2016 Q3 2,690 0 0 0.0
2016 Q2 2,999 0 0 0.0
2016 Q1 3,304 0 0 0.0
2015 Q4 3,452 0 0 0.0
2015 Q3 2,739 0 0 0.0
2015 Q2 2,785 2 0 718.1
2015 Q1 3,531 2 0 566.4
2014 Q4 5,280 0 0 0.0
2014 Q3 6,252 0 0 0.0
2014 Q2 7,395 0 0 0.0
2014 Q1 0 1 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q1 227 0 0 0.0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 4,271 0 0 0.0
2012 Q1 21,890 3 2 137.0
2011 Q4 34,046 11 6 323.1
2011 Q3 19,967 0 0 0.0
2011 Q2 20,624 6 6 290.9
2011 Q1 8,134 0 0 0.0
2010 Q4 0 0 0
2010 Q3 50 0 0 0.0
2010 Q2 1,649 1 1 606.4
2010 Q1 2,542 0 0 0.0
2009 Q4 5,634 7 7 1242.5
2009 Q3 19,155 0 0 0.0
2009 Q2 26,434 15 10 567.5
2009 Q1 25,632 0 0 0.0
2008 Q4 26,273 8 2 304.5
2008 Q3 31,331 5 3 159.6
2008 Q2 33,280 0 0 0.0
2008 Q1 33,623 3 1 89.2
2007 Q4 31,399 9 5 286.6
2007 Q3 31,261 13 3 415.9
2007 Q2 18,113 0 0 0.0
2007 Q1 25,699 3 2 116.7
2006 Q4 22,886 0 0 0.0
2006 Q3 22,154 7 6 316.0
2006 Q2 12,952 0 0 0.0
2006 Q1 7,039 11 9 1562.7
2005 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

18 on file

2011 · 4 incidents

November 4, 2011 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Kentucky Fuel Corporation · Fall from machine

EE was climbing off the dozer and his feet slipped. He caught himself on the push arm and pulled a muscle in his back. Taken to emergency room by his wife. Given cat scan, given muscle relaxers and missed one shift of work. Returned to work with no restriction.

October 13, 2011 KY · Coal drill operator POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

EE was climbing onto the rock truck at beginning of shift when his back popped. Later while being loaded his truck was shook by a large rock and his back popped again. Taken to emergency room, cat scan, given pain medication and off work for 2 days. Returned to work with no restrictions on 10-17-11.

June 13, 2011 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Kentucky Fuel Corporation · Caught in, under or between a moving and a stationary object

Victim was assisting with the install of the final drive in D-10 dozer. They were using alignment bars and hoist on boom truck. The weight shifted it caught his hand between drive and undercarriage. Transported to Highland Regional ARH then to UK Medical Ctr. Two fractures and laceration. Treated with cast and stitches & released. Still off work to date.

April 28, 2011 KY · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Kentucky Fuel Corporation · Struck against a moving object

Victim was driving a Caterpillar 785 rock truck and hit a hole in the road. The sudden jolt jerked his arm out straight and pulled a muscle in his right shoulder. Treated & released at the hospital. Was on light duty one day, no lost time.

2009 · 2 incidents

September 24, 2009 KY · Coal outside foreman, leadman HANDLING OF MATERIALS
Locust Grove Inc · Over-exertion in pulling or pushing objects

EE had been pulling cable and sat down for a break when he raised his arms he felt a pull in his lower back.

April 8, 2009 KY · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Locust Grove Inc · Struck by... (Not Elsewhere Classified)

Employee was removing a parking brake on 9926 wheel loader when the brake got hooked on a hose. When the brake was being prayed loose it swung into the steering cylintor. Mechanic reached out to catch the cylinder when it mashed his finger between cylinder and brake.

2008 · 2 incidents

November 3, 2008 KY · Coal drill operator HANDLING OF MATERIALS
Locust Grove Inc · Over-exertion (Not Elsewhere Classified)

EE started to step out of truck, when his left knee popped when he stood up.

May 15, 2008 KY · Coal outside foreman, leadman HANDLING OF MATERIALS
Locust Grove Inc · Over-exertion (Not Elsewhere Classified)

EE got down off the HWM and stepped in a hole, fracturing his left ankle.

2007 · 6 incidents

December 10, 2007 KY · Coal welder (shop) IGNITION OR EXPLOSION OF GAS OR DUST
Locust Grove Inc · (Not Elsewhere Classified)

Employee was welding an auger flight with a torch when acetyline built up. The torch went out causing it to explode and the loud blast hurt both his ears.

November 16, 2007 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Locust Grove Inc · Absorption of radiations, caustics, toxic and noxious substances

He was pouring concrete and felt burning sensations in his feet, ankles and legs.

August 23, 2007 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman DISORDERS (PHYSICAL AGENTS)
Locust Grove Inc · Contact with heat

Working on shot service, loading holes, went to the hospital for heat exhaustion.

July 18, 2007 KY · Coal welder (shop) SLIP OR FALL OF PERSON
Locust Grove Inc · Over-exertion (Not Elsewhere Classified)

Employee was climbing down the ladder on the 992-G loader when his foot slipped hurting his shoulder.

June 6, 2007 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator OTHER
Locust Grove Inc · (Not Elsewhere Classified)

EE was in his loader, when another EE noticed him slumped over & not responsive. He may have ahd a heart attack.

May 7, 2007 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Locust Grove Inc · Fall to the walkway or working surface

Employee was covering rockcore with filter fabric when he fell in the rocky terrain injuring his left foot & ankle.

2006 · 4 incidents

November 8, 2006 KY · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
Locust Grove Inc · Over-exertion (Not Elsewhere Classified)

Walking across the drill bench, the bench was covered in deep mud, boots kept getting stuck in the mud, had to keep pulling & jerking boots/legs out of the mud, felt a sharp pain from back to right leg.

September 11, 2006 KY · Coal grader operator, roadgrader operator SLIP OR FALL OF PERSON
Locust Grove Inc · Over-exertion (Not Elsewhere Classified)

Employee was getting off loader when he slipped on mud injuring his right shoulder and neck.

August 15, 2006 KY · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Locust Grove Inc · Struck by falling object

Employee was loading rock when the 992 g slipped off a rock injuring his right rib cage.

May 16, 2006 KY · Coal outside foreman, leadman POWERED HAULAGE
Locust Grove Inc · Struck against a moving object

Large rock teetered the loader forward, then the rock fell out of the bucket, dropping the back of the loader. Jarring injury to EE's back, ribs and neck.