Mining Incidents

Harris Branch/Tackett Creek Surface Mine: 140 MSHA citations Coal

Controlled by Damian Caldwell
Clairfield, Claiborne County, TN  ·  Abandoned
MSHA Mine ID: 4003217

Harris Branch/Tackett Creek Surface Mine has $104K in proposed MSHA penalties and $0 outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
22
Years on record
2005–2009
Latest incident
Apr 2009
Compliance record
MSHA citations since 2004
140
citations
70
significant & substantial
$103,791
proposed penalties
$53,413
paid to date
51% of proposed penalties paid to date, a $50,378 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
21
inspections on record
963
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: 963 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Harris Branch/Tackett Creek Surface Mine has $104K in proposed MSHA penalties and $0 outstanding across 9 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.
$104K
proposed penalties
$53K
current assessed
$53K
paid to date
$0
outstanding
133 assessments are final orders; 9 contested dockets.
Of $85K in penalties contested before the Commission, $35K was upheld in final decisions.
As of the most recent assessment on 2009-03-30.
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.
52.6%
significant & substantial
3.8%
high negligence or reckless
54.1%
reasonably likely or greater
15.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 96.2% 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.
34 citations taken to the federal commission · 24% of citations on record
  • Settled 34 · 100%
94%
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 32 decided S&S contests · industry: 79%
59%
Penalty reduction in decided contests
$85K proposed, $35K 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 2009-05-01.
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
SE 2009-90 Settlement Paez 2011 $38K → $27K
SE 2008-356 Prevail Zielinski 2010 $36K → $2K
SE 2008-973 Settlement Pope II 2011 $5K → $2K
SE 2008-180 Settlement Lesnick 2009 $3K → $2K
SE 2008-355 Settlement Melick 2009 $2K → $1K
SE 2007-348 Settlement Feldman 2007 $792 → $600
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Harris Branch/Tackett Creek Surface Mine shows 99% of 137 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: 2009-04-27, 17 years ago
99%
within 1.5 mg/m3
137
samples
1.60
dust max (mg/m3)
102 samples taken by MSHA inspectors, 35 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE45
  • BULLDOZER OPERATOR39
  • HIGHLIFT OPERATOR/FRONT END LOADER37

Silica (quartz)

Last sampled: 2009-03-04, 17 years ago
17.0
silica avg (%)
5
samples
40.0
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR3
  • HIGHLIFT OPERATOR/FRONT END LOADER2

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: 2009-02-25, 17 years ago
0%
over PEL
59
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE24
  • HIGHLIFT OPERATOR/FRONT END LOADER16
  • BULLDOZER OPERATOR11
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
2009 100% 7
2008 97% 38
2007 100% 46
2006 100% 31
2005 100% 6
2004 100% 9
Silica (quartz) by year
Year silica avg (%) samples
2009 0.3 1
2008 0.4 1
2007 28.2 3
Noise by year
Year over PEL samples
2009 0% 5
2008 0% 19
2007 0% 20
2006 0% 5
2004 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Harris Branch/Tackett Creek Surface Mine recorded 14.79 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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.
14.79
total case rate
3.70
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In Tennessee, coal mining averaged 4.00 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
2008 * 14.79 3.70 0.000
2007 14.16 8.26 0.000
2006 3.13 2.09 0.000
2005 3.79 1.89 0.000
2004 * 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. Mountainside Coal Company Inc 2003 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)
2009 6 20,881
2008 25 99,382
2007 75 431,988
2006 74 452,055
2005 34 249,258
2004 15 106,585
2003 0
Source: MSHA quarterly employment and production, updated weekly.

Harris Branch/Tackett Creek Surface Mine sits in Claiborne County, Tennessee, where the Census mining category is 1.0% 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.
Claiborne County, Tennessee · Population 32,221
1.0%
Mining share of county employment
$46,587
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
2009 Q3 0 0 0
2009 Q2 4,706 0 0 0.0
2009 Q1 6,450 11 5 1705.4
2008 Q4 7,048 0 0 0.0
2008 Q3 9,589 20 16 2085.7
2008 Q2 18,605 0 0 0.0
2008 Q1 18,838 5 1 265.4
2007 Q4 38,256 0 0 0.0
Show 16 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q3 33,772 31 17 917.9
2007 Q2 43,278 17 11 392.8
2007 Q1 54,182 7 3 129.2
2006 Q4 59,938 0 0 0.0
2006 Q3 46,487 7 6 150.6
2006 Q2 44,880 0 0 0.0
2006 Q1 40,226 6 0 149.2
2005 Q4 34,648 0 0 0.0
2005 Q3 33,583 0 0 0.0
2005 Q2 27,075 11 2 406.3
2005 Q1 10,290 0 0 0.0
2004 Q4 16,353 3 0 183.5
2004 Q3 7,247 0 0 0.0
2004 Q2 7,037 0 0 0.0
2004 Q1 3,600 0 0 0.0
2003 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

22 on file

2009 · 1 incident

April 8, 2009 TN · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Mountainside Coal Company Inc · Over-exertion in lifting objects

Employee was lifting metal out of the bed of his pick - up truck, as he was shifting his weight to throw the metal from the truck he felt a sharp pain run up his left side.

2008 · 4 incidents

November 11, 2008 TN · Coal welder (shop) MACHINERY
Mountainside Coal Company Inc · Contact with hot objects or substances

Employee was welding on a 777C Rock Truck Bed, and a piece of Slag flew up and struck the employee below the left eye, causing a mild burn below his eye.

June 6, 2008 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Mountainside Coal Company Inc · Struck against a moving object

D9R dozer operator was traveling in reverse and struck a 777C rock truck in the rear, the rock truck was also traveling in reverse. The D9R operator states he didn't see the rock truck as he began to go in reverse, the rock truck driver also states he did not see the D9R dozer through his mirrors as he was traveling in reverse.

January 28, 2008 TN · Coal outside foreman, leadman SLIP OR FALL OF PERSON
Mountainside Coal Company Inc · Fall from machine

Employee was climbing off of the bed of the hydro seeder truck; he slipped causing him to fall to the ground landing on his right elbow.

January 24, 2008 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Mountainside Coal Company Inc · Fall from machine

Employee was climbing down the ladder of the truck he had been driving and slipped catching his foot/ankle in the step causing him to fall to the ground.

2007 · 12 incidents

November 30, 2007 TN · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Mountainside Coal Company Inc · Over-exertion (Not Elsewhere Classified)

EE was stepping up on the boarding ladder. As he began climbing up on the ladder, he felt a very sharp pain shoot up his lower back. The pain progressed when he started working, causing him to leave early.

October 31, 2007 TN · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Mountainside Coal Company Inc · Struck by... (Not Elsewhere Classified)

Employee was hitting the side of powered bin with a sledge hammer. The hammer came back and struck the employee in the right rib cage causing him to black out hitting his head on the beam of the powered bin.

October 26, 2007 TN · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Mountainside Coal Company Inc · Over-exertion in wielding or throwing objects

Employee was tossing bails of multch on seeder truck and felt a sharp pain shoot up his right side neck.

October 18, 2007 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Mountainside Coal Company Inc · Struck against a moving object

EE was pushing material down to 992D loader with a D9R dozer co. # M37 & the machine's blade slipped off a rock causing a sudden jerk, which resulted in EE having sudden pain in lower abdomen.

August 9, 2007 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Mountainside Coal Company Inc · Fall onto or against objects

Employee was standing on stabilizer bar, slipped and fell due to it being oil-covered.

July 25, 2007 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Mountainside Coal Company Inc · Fall from machine

Employee was moving from one dozer to the other when he slipped due to muddy and wet conditions.

July 9, 2007 TN · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Mountainside Coal Company Inc · Struck by... (Not Elsewhere Classified)

Employee was assisting in removing the 4" discharge hose which was wrapped around pump during transport. As employee pulled on hose, which had become tangled, the coupling on end of hose came loose and struck employee.

May 22, 2007 TN · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Mountainside Coal Company Inc · Fall from machine

Employee steps down on push arm on 395 Dozer on a dirt clot & dirt clot rolled causing the EE to fall from push arm to the ground.

2006 · 3 incidents

September 12, 2006 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Mountainside Coal Company Inc · Struck by... (Not Elsewhere Classified)

Employee was removing a hydrolic hose and the wrench slipped off the hose fitting causing the wrench to his the employee in the forehead, which caused a laceration to his forehead.

July 15, 2006 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Mountainside Coal Company Inc · Struck by falling object

Employee was changing a tire on IT28 loader and the jack fell causing the tire to hit the employee in the left lower leg.

2005 · 2 incidents

August 30, 2005 TN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Mountainside Coal Company Inc · Struck by flying object

Equipment being used broke & came apart at the connecting joint throwing part of said equipment into hand of employee.