Mining Incidents

Deer Creek Asphalt: 260 MSHA citations Metal/Non-Metal

Deer Creek Rock Co · Surface
Controlled by W (Wallace) Jaxon Baker
Porterville, Tulare County, CA  ·  Active
MSHA Mine ID: 0404289

Deer Creek Asphalt has $176K in proposed MSHA penalties and $19 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
24
Years on record
2003–2026
Latest incident
Aug 2026
Compliance record
MSHA citations since 2001
260
citations
63
significant & substantial
$175,596
proposed penalties
$152,031
paid to date
87% of proposed penalties paid to date, a $23,565 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
65
inspections on record
1,428
inspection hours
18.2
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.
260 citations across 1,428 inspection hours.
Source: MSHA inspections data, updated weekly.

Deer Creek Asphalt has $176K in proposed MSHA penalties and $19 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.
$176K
proposed penalties
$152K
current assessed
$152K
paid to date
$19
outstanding
256 assessments are final orders; 2 contested dockets.
Of $43K in penalties contested before the Commission, $20K was upheld in final decisions.
As of the most recent assessment on 2026-02-26.
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.
24.4%
significant & substantial
16.3%
high negligence or reckless
24.4%
reasonably likely or greater
49.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 18.6% low, 65.1% moderate, 16.3% 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.
8 citations taken to the federal commission · 3% of citations on record
  • Settled 7 · 88%
  • Vacated or withdrawn 1 · 13%
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 5 decided S&S contests · industry: 79%
55%
Penalty reduction in decided contests
$44K proposed, $20K 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 2009-03-19.
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 2008-783M Settlement Bulluck 2009 $41K → $17K
WEST 2009-626M Settlement Bulluck 2010 $3K → $2K
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: 2024-01-10
0%
of limit-tested samples over the exposure limit
15
samples
4
limit-tested
Most sampled contaminants
  • Unlisted Particulate, respirable, <1% Qtz9
  • Nuisance dust, respirable, <1% Qtz2
  • Quartz, respirable, >1% Qtz2
  • Respirable dust, <.1mg2
Show the individual readings (15)
Date Contaminant Concentration Limit Conc / limit Occupation
2024-01-10 Unlisted Particulate, respirable, <1% Qtz 1.71 Laborer, Bullgang
2024-01-10 Unlisted Particulate, respirable, <1% Qtz 0.39 Laborer, Bullgang
2020-07-23 Unlisted Particulate, respirable, <1% Qtz 0.24 Laborer, Bullgang
2020-07-23 Respirable dust, <.1mg 0 Dump Operator
2017-06-29 Nuisance dust, respirable, <1% Qtz 0.82 10 0.08 Dry Screen Plant Operator
2017-06-14 Nuisance dust, respirable, <1% Qtz 0.44 10 0.04 Laborer, Bullgang
2015-03-11 Unlisted Particulate, respirable, <1% Qtz 0.32 Supervisor, Co. Official
2015-03-11 Unlisted Particulate, respirable, <1% Qtz 0.71 Laborer, Bullgang
2013-11-20 Respirable dust, <.1mg 0 Front-end Loader Operator
2013-11-20 Unlisted Particulate, respirable, <1% Qtz 0.35 Laborer, Bullgang
2009-03-25 Quartz, respirable, >1% Qtz 0.29 2.44 0.12 Laborer, Bullgang
2005-04-26 Unlisted Particulate, respirable, <1% Qtz 0.14 Truck Driver
2005-04-26 Quartz, respirable, >1% Qtz 0.17 1.58 0.11 Front-end Loader Operator
2005-04-26 Unlisted Particulate, respirable, <1% Qtz 0.17 Crusher Oper/Worker
2005-04-26 Unlisted Particulate, respirable, <1% Qtz 0.2 Backhoe Operator
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.

Deer Creek Asphalt recorded 2.43 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.
2.43
total case rate
2.43
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 1.65 and the all-US-mining average was 1.97 cases per 100 workers.
In California, metal and nonmetal mining averaged 1.42 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 * 2.43 2.43 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 3.91 3.91 0.000
2020 * 3.00 3.00 0.000
2019 * 3.44 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. Deer Creek Rock Company Inc 1979 to 2001
  2. Deer Creek Rock Co 2001 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 47
2025 35
2024 34
2023 29
2022 24
2021 23
2020 27
2019 23
2018 22
2017 21
2016 23
2015 20
2014 19
2013 15
2012 16
2011 14
2010 11
2009 7
2008 11
2007 12
2006 10
2005 5
2004 5
2003 4
2002 4
2001 7
Source: MSHA quarterly employment and production, updated weekly.

Deer Creek Asphalt sits in Tulare County, California, where the Census mining category is 0.1% 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.
Tulare County, California · Population 475,774
0.1%
Mining share of county employment
$69,489
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 28,565 0 0 0.0
2026 Q1 22,305 13 1 582.8
2025 Q4 21,246 0 0 0.0
2025 Q3 21,172 0 0 0.0
2025 Q2 19,729 16 7 811.0
2025 Q1 20,300 6 0 295.6
2024 Q4 21,414 0 0 0.0
2024 Q3 21,403 1 0 46.7
Show 93 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 20,750 4 1 192.8
2024 Q1 15,133 15 2 991.2
2023 Q4 19,570 0 0 0.0
2023 Q3 2,464 13 3 5276.0
2023 Q2 5,930 5 2 843.2
2023 Q1 9,779 0 0 0.0
2022 Q4 2,162 0 0 0.0
2022 Q3 20,010 0 0 0.0
2022 Q2 13,142 5 1 380.5
2022 Q1 11,943 7 4 586.1
2021 Q4 12,384 0 0 0.0
2021 Q3 14,391 1 0 69.5
2021 Q2 12,367 0 0 0.0
2021 Q1 12,036 2 0 166.2
2020 Q4 15,342 0 0 0.0
2020 Q3 19,243 2 1 103.9
2020 Q2 17,329 0 0 0.0
2020 Q1 14,862 5 2 336.4
2019 Q4 14,827 0 0 0.0
2019 Q3 17,128 4 1 233.5
2019 Q2 13,794 0 0 0.0
2019 Q1 12,447 1 0 80.3
2018 Q4 13,514 0 0 0.0
2018 Q3 14,204 5 1 352.0
2018 Q2 14,168 0 0 0.0
2018 Q1 12,835 2 0 155.8
2017 Q4 11,291 3 1 265.7
2017 Q3 13,650 0 0 0.0
2017 Q2 11,688 2 0 171.1
2017 Q1 9,610 0 0 0.0
2016 Q4 12,146 3 1 247.0
2016 Q3 13,379 0 0 0.0
2016 Q2 10,390 6 0 577.5
2016 Q1 10,490 1 0 95.3
2015 Q4 11,078 0 0 0.0
2015 Q3 11,150 0 0 0.0
2015 Q2 11,168 8 3 716.3
2015 Q1 9,480 13 5 1371.3
2014 Q4 10,554 0 0 0.0
2014 Q3 13,308 0 0 0.0
2014 Q2 9,853 3 0 304.5
2014 Q1 7,270 0 0 0.0
2013 Q4 6,968 6 1 861.1
2013 Q3 8,066 2 0 248.0
2013 Q2 10,499 3 1 285.7
2013 Q1 7,114 0 0 0.0
2012 Q4 7,160 0 0 0.0
2012 Q3 9,288 0 0 0.0
2012 Q2 9,167 6 0 654.5
2012 Q1 7,346 2 0 272.3
2011 Q4 5,375 0 0 0.0
2011 Q3 7,697 0 0 0.0
2011 Q2 11,249 4 0 355.6
2011 Q1 7,168 1 0 139.5
2010 Q4 4,482 0 0 0.0
2010 Q3 10,329 0 0 0.0
2010 Q2 5,514 0 0 0.0
2010 Q1 2,255 3 0 1330.4
2009 Q4 2,829 1 0 353.5
2009 Q3 3,511 0 0 0.0
2009 Q2 3,303 0 0 0.0
2009 Q1 2,364 2 0 846.0
2008 Q4 3,837 5 2 1303.1
2008 Q3 7,482 0 0 0.0
2008 Q2 8,865 4 2 451.2
2008 Q1 5,625 0 0 0.0
2007 Q4 4,981 12 2 2409.2
2007 Q3 8,872 0 0 0.0
2007 Q2 8,346 3 1 359.5
2007 Q1 7,144 0 0 0.0
2006 Q4 5,834 7 1 1199.9
2006 Q3 6,928 0 0 0.0
2006 Q2 6,018 14 5 2326.4
2006 Q1 4,503 0 0 0.0
2005 Q4 4,149 0 0 0.0
2005 Q3 3,532 0 0 0.0
2005 Q2 1,992 0 0 0.0
2005 Q1 470 8 0 17021.3
2004 Q4 2,179 0 0 0.0
2004 Q3 1,922 0 0 0.0
2004 Q2 3,746 1 1 267.0
2004 Q1 1,066 0 0 0.0
2003 Q4 646 0 0 0.0
2003 Q3 3,263 16 9 4903.5
2003 Q2 1,474 0 0 0.0
2003 Q1 0 0 0
2002 Q4 1,243 0 0 0.0
2002 Q3 3,517 0 0 0.0
2002 Q2 619 0 0 0.0
2002 Q1 398 0 0 0.0
2001 Q4 1,993 6 0 3010.5
2001 Q3 7,570 0 0 0.0
2001 Q2 1,733 1 0 577.0
No fatalities recorded at this mine.

Reportable incidents

24 on file

2026 · 3 incidents

August 5, 2026 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman FIRE
Deer Creek Rock Co · Inhalation of radiations, caustics, toxic and noxious substances

While other employee was performing grinding maintenance on dozer, sparks ignited dried brush nearby. Employee Sustained injuries while extinguishing Fire.

August 5, 2026 CA · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FIRE
Deer Creek Rock Co · Contact with heat

While employee was performing grinding maintenance on dozer, sparks ignited dried brush nearby. Employee sustained injuries while extinguishing the fire.

March 17, 2026 CA · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Deer Creek Rock Co · Caught in, under or between a moving and a stationary object

Employee was moving HP4 Chute when Chute smashed finger between chute and hand rail

2025 · 1 incident

October 25, 2025 CA · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Deer Creek Rock Co · Caught in, under or between running or meshing objects

Employee was clearing and spraying head pulley on tunnel conveyor when conveyor was started and right hand was caught and crushed fingers

2021 · 1 incident

January 11, 2021 CA · Metal/Non-Metal rock driller HANDTOOLS (NONPOWERED)
Deer Creek Rock Co · Fall to the walkway or working surface

Employee working on Hose Reel of Rock Drill. Prybar slipped causing employee to twist, fall to ground, and dislocate right knee

2020 · 1 incident

April 1, 2020 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Deer Creek Rock Co · Struck by falling object

WHILE EMPLOYEE CLEARING CATWALK, MATERIAL FELL FROM CONVEYOR ONTO BACK AND NECK

2019 · 1 incident

September 27, 2019 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Deer Creek Rock Co · Struck by flying object

EMPLOYEE WELDING/TORCHING DISCHARGE CHUTE AND DEBRIS FLEW INTO LEFT EYE.

2016 · 2 incidents

December 10, 2016 CA · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Deer Creek Rock Co · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS WORKING ON THE 980G LOADER, REMOVING SOME BOLTS, ONE OF THE BOLTS SLICED THE PALM OF THE EMPLOYEE'S HAND.

October 4, 2016 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Deer Creek Rock Co · Over-exertion (Not Elsewhere Classified)

EMPLOYEE GOING DOWN SLIGHT INCLINE, SLIPPED AND BUCKLED RIGHT KNEE TRYING TO CATCH HIMSELF.

2015 · 1 incident

December 2, 2015 CA · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Deer Creek Rock Co · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS STEPPING OFF EXCAVATOR, RIGHT KNEE POPPED WHEN FOOT MADE GROUND CONTACT

2014 · 1 incident

February 25, 2014 CA · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Deer Creek Rock Co · Struck by flying object

EMPLOYEE CUTTING METAL WITH CUTTING TORCH, SUSTAINED DEBRIS IN HIS LEFT EYE

2013 · 2 incidents

January 21, 2013 CA · Metal/Non-Metal ledgeman/hand, quarry man HANDTOOLS (NONPOWERED)
Deer Creek Rock Co · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS HOLDING PUNCH, THAT WAS BEING STRUCK BY A CO WORKER TRYING TO POUND OUT PIN IN TERMINATER. CO WORKER MISSED END OF PUNCH AND SMASHED EMPLOYEE LEFT THUMB FRACTURING IT.

January 21, 2013 CA · Metal/Non-Metal pumper SLIP OR FALL OF PERSON
Deer Creek Rock Co · Fall from machine

Employee was lubing the 980G loader, unrolled hose from lube truck, climbed up ladder on side of loader caring lube hose. Lube hose reel retracted for no reason pulling employee to ground from top of ladder on side of 980G loader.

2012 · 4 incidents

April 30, 2012 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Deer Creek Rock Co · Struck by... (Not Elsewhere Classified)

EMPLOYEE RECEIVED A LACERATION TO RIGHT INDEX FINGER INSTALLING A NEW PULLY ON GEAR BOX.

March 8, 2012 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Deer Creek Rock Co · Over-exertion (Not Elsewhere Classified)

Employee was carrying piece of scrap iron, was looking to the side, and tripped over the welding trailer tongue.

February 27, 2012 CA · Metal/Non-Metal ledgeman/hand, quarry man HANDLING OF MATERIALS
Deer Creek Rock Co · Over-exertion in lifting objects

Employee was helping lift a piece of steel pipe and suffered a back strain injury.

February 17, 2012 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Deer Creek Rock Co · Struck by flying object

Employee was using hand grinder and a piece of debris got in his right eye

2011 · 1 incident

February 18, 2011 CA · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Deer Creek Rock Co · Fall from machine

Employee slipped while getting on CAT D8 dozer. Fractured left hand and laceration on left elbow.

2010 · 1 incident

July 13, 2010 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Deer Creek Rock Co · Over-exertion (Not Elsewhere Classified)

Employee was walking over to the site of a new water well installation, stepped into a small hole that was covered by dry grass that he didn't see and sprained his knee.

2008 · 2 incidents

December 17, 2008 CA · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Deer Creek Rock Co · Struck by falling object

Removing drill bit from rock drill, bit fell loose and hit 4th finger on employee's left hand.

February 11, 2008 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Deer Creek Rock Co · Fall onto or against objects

Employee slipped climbing off haul truck and broke his finger.

2006 · 2 incidents

September 30, 2006 CA · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Deer Creek Rock Co · Struck against stationary object

Employee was repairing a conveyor. His foot slipped and his arm hit against the edge of some scrap metal stored nearby and cut his left forearm.

August 10, 2006 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Deer Creek Rock Co · Struck by... (Not Elsewhere Classified)

Employee was replacing a roller on a conveyor. This roller slipped and hit against the employees right knee.

2003 · 1 incident

August 4, 2003 CA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Deer Creek Rock Co · Struck by flying object

A LOOSE PIECE OF MATERIAL FROM THE CRUSHER LINER STRUCK EE IN THE JAW.