Mining Incidents

Fighting Creek Materials Inc: 1 recorded fatality Metal/Non-Metal

Controlled by Arthur R Brand
Coeur d'Alene, Kootenai County, ID  ·  Abandoned
MSHA Mine ID: 1001915

Fighting Creek Materials Inc has $7K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
5
Years on record
2007–2017
Latest incident
Oct 2017
Compliance record
MSHA citations since 2003
28
citations
5
significant & substantial
$7,380
proposed penalties
$4,163
paid to date
56% of proposed penalties paid to date, a $3,217 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
29
inspections on record
548
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: 548 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Fighting Creek Materials Inc has $7K in proposed MSHA penalties and $0 outstanding across 4 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.
$7K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
27 assessments are final orders; 4 contested dockets.
Of $5K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2017-11-13.
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.
18.5%
significant & substantial
3.7%
high negligence or reckless
18.5%
reasonably likely or greater
92.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 14.8% low, 81.5% moderate, 3.7% 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.
4 citations taken to the federal commission · 14% of citations on record
  • Settled 3 · 75%
  • Vacated or withdrawn 1 · 25%
33%
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 3 decided S&S contests · industry: 79%
65%
Penalty reduction in decided contests
$5K proposed, $2K 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 2018-01-24.
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 2018-0192 Settlement Manning 2018 $5K → $2K
WEST 2010-1292M Settlement Lesnick 2012 $234 → $200
WEST 2014-0466 Withdrawal Lesnick 2015 $100 → $0
WEST 2004-61M Settlement Lesnick 2004 $98 → $60
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: 2003-05-07, 23 years ago
2
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg2
Show the individual readings (2)
Date Contaminant Concentration Limit Conc / limit Occupation
2003-05-07 Respirable dust, <.1mg 0 Crusher Oper/Worker
2003-05-07 Respirable dust, <.1mg 0 Front-end Loader 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.
Ownership history
  1. Fighting Creek Materials Inc 1995 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2017 6
2016 6
2015 6
2014 5
2013 5
2012 5
2011 6
2010 6
2009 5
2008 5
2007 6
2006 6
2005 5
2004 5
2003 5
2002 6
2001 5
2000 4
Source: MSHA quarterly employment and production, updated weekly.

Fighting Creek Materials Inc sits in Kootenai County, Idaho, where the Census mining category is 0.5% 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.
Kootenai County, Idaho · Population 177,736
0.5%
Mining share of county employment
$77,034
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
2017 Q4 1,564 5 3 3196.9
2017 Q3 2,306 0 0 0.0
2017 Q2 2,320 0 0 0.0
2017 Q1 1,122 0 0 0.0
2016 Q4 1,604 0 0 0.0
2016 Q3 2,576 0 0 0.0
2016 Q2 2,195 4 0 1822.3
2016 Q1 1,049 0 0 0.0
Show 64 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q4 1,765 0 0 0.0
2015 Q3 2,464 0 0 0.0
2015 Q2 2,353 0 0 0.0
2015 Q1 1,416 0 0 0.0
2014 Q4 2,071 1 0 482.9
2014 Q3 2,459 1 0 406.7
2014 Q2 2,214 0 0 0.0
2014 Q1 1,406 0 0 0.0
2013 Q4 2,152 0 0 0.0
2013 Q3 2,518 0 0 0.0
2013 Q2 2,556 0 0 0.0
2013 Q1 1,510 0 0 0.0
2012 Q4 2,116 0 0 0.0
2012 Q3 2,232 0 0 0.0
2012 Q2 2,369 0 0 0.0
2012 Q1 1,491 0 0 0.0
2011 Q4 2,652 1 0 377.1
2011 Q3 5,903 0 0 0.0
2011 Q2 3,231 0 0 0.0
2011 Q1 1,830 0 0 0.0
2010 Q4 2,565 0 0 0.0
2010 Q3 3,292 0 0 0.0
2010 Q2 2,620 0 0 0.0
2010 Q1 1,912 3 1 1569.0
2009 Q4 2,404 0 0 0.0
2009 Q3 2,717 0 0 0.0
2009 Q2 2,363 0 0 0.0
2009 Q1 1,412 1 0 708.2
2008 Q4 2,481 0 0 0.0
2008 Q3 2,702 1 0 370.1
2008 Q2 2,615 0 0 0.0
2008 Q1 1,804 0 0 0.0
2007 Q4 2,663 0 0 0.0
2007 Q3 2,604 0 0 0.0
2007 Q2 3,250 0 0 0.0
2007 Q1 2,147 0 0 0.0
2006 Q4 3,021 0 0 0.0
2006 Q3 3,357 4 0 1191.5
2006 Q2 3,361 0 0 0.0
2006 Q1 1,869 0 0 0.0
2005 Q4 2,280 0 0 0.0
2005 Q3 2,832 5 0 1765.5
2005 Q2 2,747 0 0 0.0
2005 Q1 1,949 0 0 0.0
2004 Q4 2,274 0 0 0.0
2004 Q3 3,308 0 0 0.0
2004 Q2 1,672 0 0 0.0
2004 Q1 1,447 0 0 0.0
2003 Q4 1,565 0 0 0.0
2003 Q3 2,782 0 0 0.0
2003 Q2 2,047 2 1 977.0
2003 Q1 1,099 0 0 0.0
2002 Q4 1,534 0 0 0.0
2002 Q3 2,001 0 0 0.0
2002 Q2 2,235 0 0 0.0
2002 Q1 1,854 0 0 0.0
2001 Q4 1,769 0 0 0.0
2001 Q3 2,832 0 0 0.0
2001 Q2 1,719 0 0 0.0
2001 Q1 1,028 0 0 0.0
2000 Q4 1,807 0 0 0.0
2000 Q3 2,090 0 0 0.0
2000 Q2 1,669 0 0 0.0
2000 Q1 1,145 0 0 0.0

Fatalities at this mine

1 recorded
October 17, 2017 ID · Metal/Non-Metal mine manager, mine foreman, mine owner Fatality · MACHINERY
Fighting Creek Materials Inc · Caught in, under or between a moving and a stationary object

Operator was up on hill pushing overburden down to excavator for feeding crusher. Operator went down a small incline on Cat Dozer and was thrown from the cab.

Reportable incidents

4 on file (excluding fatalities above)

2017 · 1 incident

October 30, 2017 ID · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Fighting Creek Materials Inc · Struck by flying object

While grinding on a guard that the employee was making for the 5' Pioneer screen employee received a piece of metal in left eye. Employee did not inform us of accident until 11/1/17.

2012 · 1 incident

February 29, 2012 ID · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Fighting Creek Materials Inc · Caught in, under or between a moving and a stationary object

While under conveyor on creaper with left hand on frame. Employee reached to move bottle jack with right hand. Motor frame must have been hung up on conveyor frame & then moved enough to crush employee's finger.

2009 · 1 incident

August 18, 2009 ID · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Fighting Creek Materials Inc · Struck by... (Not Elsewhere Classified)

EE was holding a punch while other EE was swinging the hammer trying to loosen bolts when the EE with the hammer missed hitting the EE finger on his left hand.

2007 · 1 incident

August 29, 2007 ID · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Fighting Creek Materials Inc · Over-exertion (Not Elsewhere Classified)

Walking across ground carrying 2' screen, turned wrong and knee popped