Mining Incidents

Gilbert Creek Loadout: 153 MSHA citations Coal

Controlled by Jon Nix
Gilbert, Mingo County, WV  ·  Active
MSHA Mine ID: 4607551

Gilbert Creek Loadout has $31K in proposed MSHA penalties and $6K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
21
Years on record
1992–2026
Latest incident
Feb 2026
Compliance record
MSHA citations since 2000
153
citations
38
significant & substantial
$31,068
proposed penalties
$25,152
paid to date
81% of proposed penalties paid to date, a $5,916 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
83
inspections on record
1,998
inspection hours
7.7
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.
153 citations across 1,998 inspection hours.
Source: MSHA inspections data, updated weekly.

Gilbert Creek Loadout has $31K in proposed MSHA penalties and $6K outstanding across 3 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.
$31K
proposed penalties
$31K
current assessed
$25K
paid to date
$6K
outstanding
148 assessments are final orders; 3 contested dockets.
Of $916 in penalties contested before the Commission, $750 was upheld in final decisions.
As of the most recent assessment on 2025-10-27.
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.
25.0%
significant & substantial
4.6%
high negligence or reckless
25.0%
reasonably likely or greater
25.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.7% none, 27.6% low, 67.1% moderate, 4.6% 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.
5 citations taken to the federal commission · 3% of citations on record
  • Settled 5 · 100%
18%
Penalty reduction in decided contests
$916 proposed, $750 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 2016-01-06.
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 2016-0174 Settlement Paez 2016 $616 → $450
WEVA 2010-1182 Settlement Harner 2012 $200 → $200
WEVA 2010-1657 Settlement Harner 2012 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Gilbert Creek Loadout shows 100% of 169 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: 2026-08-12
100%
within 1.5 mg/m3
169
samples
1.21
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.
146 samples taken by MSHA inspectors, 23 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR69
  • UTILITY MAN25
  • ELECTRICIAN17

Silica (quartz)

Last sampled: 2019-03-12, 7 years ago
3.0
silica avg (%)
5
samples
5.5
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5

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: 2025-01-08
0%
over PEL
64
samples
Most-sampled occupations
  • BULLDOZER OPERATOR16
  • UTILITY MAN15
  • ELECTRICIAN9
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
2026 100% 2
2025 100% 8
2024 100% 6
2023 100% 9
2022 100% 2
2019 100% 5
2018 100% 5
2017 100% 6
2016 100% 2
2015 100% 10
2014 100% 6
2013 100% 10
2012 100% 7
2011 100% 8
2010 100% 8
2009 100% 8
2008 100% 6
2006 100% 4
2005 100% 5
2004 100% 9
2003 100% 10
2002 100% 10
2001 100% 15
2000 100% 8
Silica (quartz) by year
Year silica avg (%) samples
2019 3.4 1
2018 5.5 1
2017 1.4 2
2014 3.1 1
Noise by year
Year over PEL samples
2025 0% 2
2024 0% 2
2023 0% 4
2019 0% 1
2017 0% 4
2015 0% 6
2014 0% 3
2013 0% 7
2012 0% 3
2011 0% 4
2010 0% 5
2009 0% 4
2008 0% 4
2006 0% 4
2005 0% 5
2004 0% 4
2000 0% 2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Gilbert Creek Loadout recorded 0.00 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
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 4.87 and the all-US-mining average was 3.91 cases per 100 workers.
In West Virginia, coal mining averaged 5.26 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
2006 * 0.00 0.00 0.000
2005 * 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. Hampden Coal Company LLC 1988 to 2014
  2. Hampden Coal LLC 2014 to 2021
  3. Active Resources, Inc. 2021 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 3
2025 3
2024 3
2023 2
2022 3
2021 0
2020 0
2019 2
2018 2
2017 3
2016 1
2015 1
2014 6
2013 8
2012 7
2011 5
2010 6
2009 7
2008 6
2007 5
2006 10
2005 10
2004 5
2003 4
2002 6
2001 6
2000 6
Source: MSHA quarterly employment and production, updated weekly.

Gilbert Creek Loadout sits in Mingo County, West Virginia, where the Census mining category is 15.0% 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.
Mingo County, West Virginia · Population 22,979
15.0%
Mining share of county employment
$39,527
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 1,503 0 0 0.0
2026 Q1 992 0 0 0.0
2025 Q4 1,560 25 7 16025.6
2025 Q3 1,080 0 0 0.0
2025 Q2 1,430 14 1 9790.2
2025 Q1 1,500 2 1 1333.3
2024 Q4 940 8 0 8510.6
2024 Q3 1,800 0 0 0.0
Show 94 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 1,920 9 1 4687.5
2024 Q1 1,280 1 0 781.2
2023 Q4 1,140 1 0 877.2
2023 Q3 1,180 0 0 0.0
2023 Q2 1,280 4 0 3125.0
2023 Q1 1,920 0 0 0.0
2022 Q4 1,890 0 0 0.0
2022 Q3 1,800 0 0 0.0
2022 Q2 1,300 4 2 3076.9
2022 Q1 251 0 0 0.0
2021 Q4 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 519 0 0 0.0
2019 Q4 740 0 0 0.0
2019 Q3 1,435 0 0 0.0
2019 Q2 1,171 2 1 1707.9
2019 Q1 1,440 1 0 694.4
2018 Q4 882 0 0 0.0
2018 Q3 914 2 1 2188.2
2018 Q2 1,272 0 0 0.0
2018 Q1 2,016 0 0 0.0
2017 Q4 1,383 1 0 723.1
2017 Q3 1,340 0 0 0.0
2017 Q2 2,306 0 0 0.0
2017 Q1 1,242 0 0 0.0
2016 Q4 480 0 0 0.0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 1,270 0 0 0.0
2015 Q4 1,596 2 0 1253.1
2015 Q3 0 5 2
2015 Q1 0 0 0
2014 Q4 0 6 0
2014 Q3 1,176 0 0 0.0
2014 Q2 4,172 2 0 479.4
2014 Q1 4,158 0 0 0.0
2013 Q4 3,677 3 1 815.9
2013 Q3 3,696 2 0 541.1
2013 Q2 3,693 0 0 0.0
2013 Q1 3,709 0 0 0.0
2012 Q4 4,024 0 0 0.0
2012 Q3 4,102 0 0 0.0
2012 Q2 4,109 4 1 973.5
2012 Q1 3,488 2 0 573.4
2011 Q4 3,328 0 0 0.0
2011 Q3 3,387 0 0 0.0
2011 Q2 3,932 0 0 0.0
2011 Q1 3,703 0 0 0.0
2010 Q4 3,781 0 0 0.0
2010 Q3 3,835 0 0 0.0
2010 Q2 3,295 1 0 303.5
2010 Q1 4,123 5 0 1212.7
2009 Q4 4,257 0 0 0.0
2009 Q3 4,159 1 0 240.4
2009 Q2 4,061 0 0 0.0
2009 Q1 4,948 2 0 404.2
2008 Q4 5,832 0 0 0.0
2008 Q3 4,484 1 0 223.0
2008 Q2 4,193 0 0 0.0
2008 Q1 4,575 6 1 1311.5
2007 Q4 4,891 0 0 0.0
2007 Q3 4,673 3 0 642.0
2006 Q4 6,902 0 0 0.0
2006 Q3 6,689 0 0 0.0
2006 Q2 6,872 0 0 0.0
2006 Q1 6,884 0 0 0.0
2005 Q4 6,894 0 0 0.0
2005 Q3 6,882 4 2 581.2
2005 Q2 6,897 0 0 0.0
2005 Q1 6,888 0 0 0.0
2004 Q4 5,348 5 4 934.9
2004 Q3 4,671 0 0 0.0
2004 Q2 3,034 1 0 329.6
2004 Q1 1,634 0 0 0.0
2003 Q4 1,748 0 0 0.0
2003 Q3 1,746 0 0 0.0
2003 Q2 1,465 1 0 682.6
2003 Q1 2,562 0 0 0.0
2002 Q4 2,247 0 0 0.0
2002 Q3 2,515 0 0 0.0
2002 Q2 2,463 1 0 406.0
2002 Q1 2,262 0 0 0.0
2001 Q4 2,678 0 0 0.0
2001 Q3 2,231 1 0 448.2
2001 Q2 1,908 0 0 0.0
2001 Q1 1,905 0 0 0.0
2000 Q4 1,444 0 0 0.0
2000 Q3 1,153 0 0 0.0
2000 Q2 1,440 0 0 0.0
2000 Q1 1,410 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

21 on file

2026 · 1 incident

February 12, 2026 WV · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor SLIP OR FALL OF PERSON
Active Resources, Inc. · Fall to the walkway or working surface

Tripped on uneven ground at pump area by creek. Fell onto 6" stone mostly on EE's left side. This happen while EE and another EE were fishing out suction hose from the creek with a backhoe to hook up suction hose for creek pump

2014 · 1 incident

August 18, 2014 WV · Coal electrician, lineman DISORDERS (REPEATED TRAUMA)
Hampden Coal Company LLC · (Not Elsewhere Classified)

Employee has filed a hearing loss claim.

2008 · 2 incidents

December 29, 2008 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Hampden Coal Company LLC · Caught in, under or between (Not Elsewhere Classified)

Employee was checking stuck roller glove got caught pulled hand and arm into roller and belt.

December 10, 2008 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman STRIKING OR BUMPING
Hampden Coal Company LLC · Struck by... (Not Elsewhere Classified)

Repairing water line turned and got a stick in his eye.

2007 · 1 incident

December 20, 2007 WV · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor HANDLING OF MATERIALS
Hampden Coal Company LLC · Struck by... (Not Elsewhere Classified)

Crank handle on spray bar struck right hand, resulting in a cut to the right index finger that required stitches.

2004 · 2 incidents

March 12, 2004 WV · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor SLIP OR FALL OF PERSON
Hampden Coal Company LLC · Fall from machine

CROSSING OVER BELT TO INSTALL PLYWOOD SUPPORT TO LAY ON SO A BOTTOM BELT ROLLER COULD BE INSTALLED, EMPLOYEE LOST HIS GRIP AND FELL OFF SIDE OF STRUCTURE.

January 20, 2004 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Hampden Coal Company LLC · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS CLEANING UP THE TUNNEL AT THE GILBERT CREEK LOADOUT. WHILE SHOVELING COAL, HE TWISTED HIMSELF WHEN HE THREW THE COAL INTO THE BELT CAUSING PAIN & INJURY TO BACK, RIGHT HIP & LEG.

2003 · 1 incident

October 14, 2003 WV · Coal coal sampler SLIP OR FALL OF PERSON
Hampden Coal Company LLC · Fall down stairs

GOING DOWN STEPS TRIPPED FELL APPROX 10 STEPS (10 FT) ONTO THE PLATFORM RESULTING IN BACK, HIPAND HEAD INJURY. NO BROKEN BONES (FRACTURE) MUSCLE BRUISED ACCORDING TO EE.

2002 · 1 incident

January 8, 2002 WV · Coal mine manager, mine foreman, mine owner SLIP OR FALL OF PERSON
Hampden Coal Company LLC · Fall onto or against objects

CLEARING SNOW FROM TRUCK BIN AND POURING FREEZEPROOF INSIDE THE BIN. SLIPPED ON THE SNOW AND FELL AGAINST METAL, CAUSING INJURY TO RIGHT LEG.

2001 · 1 incident

April 16, 2001 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Hampden Coal Company LLC · Over-exertion in lifting objects

PULLING WELDING CABLES AND STRAINED HIS LOWER BACK.

2000 · 1 incident

January 27, 2000 WV · Coal mine manager, mine foreman, mine owner HANDTOOLS (NONPOWERED)
Hampden Coal Company LLC · Struck by falling object

STEEL BAR THAT IS USED TO CLOSE RAILROAD CAR DOORS SLIPPED FROM THE RAILROAD CAR DOOR AND HIT EE IN THE HEAD ABOVE THE RIGHT TEMPLE. CAR #145154.

1999 · 3 incidents

October 28, 1999 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Hampden Coal Company LLC · Fall onto or against objects

EE WAS DROPPING RAILRAOD CARS HE REACHED BEHIND HIM TO TIGHTEN A BRAKE AS HE STEPPED BACK TO THEOTHER PLATFORM HIS FEET SLIPPED & HE FELL APPROX8 FT & HIT THE RAIL

January 27, 1999 WV · Coal DUST DISEASE OF LUNGS
Hampden Coal Company LLC · Inhalation of radiations, caustics, toxic and noxious substances

THE EE WAS AWARDED (FINAL AWARD) 30% ON OR ABOUT1/15/99 WE HOWEVER WE NOT ADVISED OF THIS UNTIL WE RECD MAIL FROM OUR LAWYER ON 1/27/99. LETTER DATED 1/20/99 OCCUPATION PNEUMOCONIOIS DISCUSSED WITH SUPV LOGAN WV FIELD OFFICE CONCERNING

January 4, 1999 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Hampden Coal Company LLC · Fall onto or against objects

CLOSING CAR DOORS WITH STEEL BAR(CONDITION WAS COLD & SNOW) BAR SLIPPED OUT OF THE LATCH AND EE FELL AGAINST THE COAL CAR CAUSING A CUT AND LARGE KNOT ON HIS HEAD OVER RIGHT EYE AND STITCHES.

1998 · 1 incident

July 14, 1998 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Hampden Coal Company LLC · Fall to the walkway or working surface

ON 6-4-98 EE SLIPPED AND FELL. HE DID NOT STOP WORK UNTIL 7-14-98. ON 7-8-98 HE WENT TO DR. AND WAS TOLD NOT TO RETURN TO WORK. HE DID HOWEVER WORK UNTIL 7-14-98 WHEN WE ADVISED HIM TO DR. SAI D NOT TO WORK THINKING HE MAY HAVE CRACKED VERTEBRAE. DR. ADVISED WOULD BE OFF 3 WEEKS FROM 7-14-98. WE WERE NOT ADVISED UNTIL 7-14-98 WHEN COMP ASKED FOR FORM.

1997 · 1 incident

July 23, 1997 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Hampden Coal Company LLC · Over-exertion (Not Elsewhere Classified)

WHILE TRYING TO FIX A SCRAPER, SLIPPED AND ALL OF WEIGHT WENT ON ANKLE CAUSING A SPRAIN.

1996 · 2 incidents

December 10, 1996 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Hampden Coal Company LLC · Fall to the walkway or working surface

CLOSING DOORS ON RAILROAD CARS WHEN THE BAR SLIPPED ON LATCH CAUSING HIM TO FALL. WHEN HE FELL HE LANDED WITH LEFT LEG UNDER HIM AND ANOTHER EMPLOYEE THAT ALSO WAS HOLDING BAR FELL ON HIM.

February 12, 1996 WV · Coal mine manager, mine foreman, mine owner HANDLING OF MATERIALS
Hampden Coal Company LLC · Over-exertion in lifting objects

MOVING ROCK TO THE FRONT OF THE COAL BIN TO LIFT THEM OUT--WHEN EE LIFTED ONE OF THE ROCKS, HE FELT PAIN IN HIS BACK. HE ORIGINALLY TOUGHT HE HAD PULLED A MUSCLE. EE REUTRNED TO THE DR. AND FO UND HE HAD A HERNIATED DISK.

1994 · 1 incident

June 14, 1994 WV · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor HANDTOOLS (NONPOWERED)
Hampden Coal Company LLC · Over-exertion (Not Elsewhere Classified)

WORKING ON RIALCAR THE DOOR WAS DAMAGED AND EMPLOYE EPUT A STEEL BAR IN THE DOOR TO LIFT IT UP SO THEY COULD PUT IN WOOD WEDGES INTO SECURE THE DOOR. THE BAR SLIPPED AND CAUSED THE SHOULDER T O BE PULLED, THEREBY DISLOCATING IT.

1992 · 2 incidents

November 30, 1992 WV · Coal security guard, watchman SLIP OR FALL OF PERSON
Hampden Coal Company LLC · Fall to the walkway or working surface

EMPLOYEE WAS CHECKING RAILROAD CARS & FOUND ONE WITH A DOOR OPEN HE & ANOTHER EMPLOYEE PUT A BAR IN THE DOOR TO SHUT IT WHEN THEY STARTED PULLING DOWN THE BAR SLIPPED CAUSING THE EMPLOYEE TO S LIP & FALL BREAKING HIS FOOT

May 27, 1992 WV · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor HANDTOOLS (NONPOWERED)
Hampden Coal Company LLC · Struck by flying object

CHECKING UDNER COAL CAR, THE DOOR WAS BUSTED SO HE HAD TO TAKE A BAR AND KNOCK BACK INTO PLACE CAUSING FINE COAL TO GO INTO LEFT EYE.