Mining Incidents

Horse Creek No 1: 357 MSHA citations Coal

Iaeger, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4609348

Horse Creek No 1 has $132K in proposed MSHA penalties and $0 outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
25
Years on record
2010–2016
Latest incident
Oct 2016
Compliance record
MSHA citations since 2010
357
citations
70
significant & substantial
$131,569
proposed penalties
$125,766
paid to date
96% of proposed penalties paid to date, a $5,803 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
62
inspections on record
3,965
inspection hours
9.0
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.
357 citations across 3,965 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2010-10-19.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Horse Creek No 1 has $132K in proposed MSHA penalties and $0 outstanding across 8 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.
$132K
proposed penalties
$126K
current assessed
$126K
paid to date
$0
outstanding
354 assessments are final orders; 8 contested dockets.
Of $16K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2016-05-10.
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.
19.8%
significant & substantial
1.4%
high negligence or reckless
20.1%
reasonably likely or greater
21.8%
permanently disabling or fatal if injury occurs
Negligence coding: 2.5% none, 43.2% low, 52.8% moderate, 1.4% 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.
16 citations taken to the federal commission · 4% of citations on record
  • Settled 16 · 100%
64%
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 14 decided S&S contests · industry: 79%
36%
Penalty reduction in decided contests
$16K proposed, $10K 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 2016-06-21.
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 2014-0502 Settlement Bulluck 2015 $6K → $4K
WEVA 2014-372 Settlement Simonton 2016 $3K → $2K
WEVA 2012-1710 Settlement Zielinski 2013 $2K → $1K
WEVA 2013-886 Settlement Zielinski 2013 $2K → $1K
WEVA 2016-0486 Settlement Paez 2016 $1K → $913
WEVA 2012-1805 Settlement Zielinski 2013 $1K → $776
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Horse Creek No 1 shows 95% of 615 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: 2016-02-18, 10 years ago
95%
within 1.5 mg/m3
615
samples
3.44
dust max (mg/m3)
1
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.
284 samples taken by MSHA inspectors, 331 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR350
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)82
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)39

Silica (quartz)

Last sampled: 2016-02-24, 10 years ago
4.8
silica avg (%)
26
samples
8.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR24

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: 2015-01-21, 11 years ago
3%
over PEL
69
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)19
  • CONTINUOUS MINER OPERATOR12
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)8
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
2016 100% 12
2015 92% 112
2014 97% 108
2013 96% 111
2012 94% 114
2011 98% 119
2010 79% 39
Silica (quartz) by year
Year silica avg (%) samples
2016 6.3 2
2015 5.0 7
2014 5.1 8
2012 5.1 4
2011 4.2 3
2010 2.3 2
Noise by year
Year over PEL samples
2015 0% 10
2014 5% 19
2013 0% 10
2012 0% 14
2011 0% 10
2010 17% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Horse Creek No 1 recorded 26.77 reportable injury cases per 100 full-time workers in 2016.

Injury rate, 2016
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.
26.77
total case rate
5.35
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.79 and the all-US-mining average was 2.59 cases per 100 workers.
In West Virginia, coal mining averaged 6.22 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
2016 * 26.77 5.35 0.000
2015 11.13 5.57 0.000
2014 5.15 1.29 0.000
2013 3.81 2.54 0.000
2012 0.00 0.00 0.000
2011 3.23 0.00 0.000
2010 * 3.06 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. Brooks Run Mining Company, LLC 2009 to 2014
  2. Brooks Run South Mining, LLC 2014 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)
2017 0
2016 22 43,493
2015 64 163,131
2014 67 197,123
2013 67 180,176
2012 59 160,344
2011 47 169,572
2010 27 60,877
2009 0
Source: MSHA quarterly employment and production, updated weekly.

Horse Creek No 1 sits in McDowell County, West Virginia, where the Census mining category is 13.0% 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.
McDowell County, West Virginia · Population 18,413
13.0%
Mining share of county employment
$29,980
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 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 2,575 1 0 388.3
2016 Q1 34,780 18 3 517.5
2015 Q4 30,721 8 0 260.4
2015 Q3 35,640 7 2 196.4
2015 Q2 37,216 16 6 429.9
Show 22 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q1 40,177 22 5 547.6
2014 Q4 36,793 22 1 597.9
2014 Q3 38,921 26 6 668.0
2014 Q2 39,945 28 5 701.0
2014 Q1 39,750 18 4 452.8
2013 Q4 34,944 19 5 543.7
2013 Q3 39,429 7 0 177.5
2013 Q2 43,350 18 5 415.2
2013 Q1 39,907 14 4 350.8
2012 Q4 28,135 6 1 213.3
2012 Q3 36,607 15 3 409.8
2012 Q2 38,093 17 2 446.3
2012 Q1 32,480 20 4 615.8
2011 Q4 32,602 10 2 306.7
2011 Q3 30,705 9 2 293.1
2011 Q2 31,973 10 3 312.8
2011 Q1 28,713 15 1 522.4
2010 Q4 25,530 9 2 352.5
2010 Q3 26,310 17 4 646.1
2010 Q2 13,534 0 0 0.0
2010 Q1 0 0 0
2009 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

25 on file

2016 · 5 incidents

October 28, 2016 WV · Coal wireman, communications man DUST DISEASE OF LUNGS
Brooks Run South Mining, LLC · Inhalation of radiations, caustics, toxic and noxious substances

Employee has been diagnosed with Occupational Pneumoconiosis.

March 29, 2016 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Brooks Run South Mining, LLC · Struck against a moving object

Employee was operating # 1 S.C. traveling up #3 entry, coming from the feeder, back to the left miner, when employee ran through a dip in the haulage way causing a pain between shoulder blades, in upper back. Employee visited local hospital due to strain to upper back.

February 11, 2016 WV · Coal electrician, lineman HANDLING OF MATERIALS
Brooks Run South Mining, LLC · Caught in, under or between a moving and a stationary object

Employee changed the water filter on the continuous miner and was putting the shield back in place with help from a coworker. As they dropped the shield down employee caught right finger between the shield and frame.

January 13, 2016 WV · Coal utility man, errand boy, service truck operator HANDLING OF MATERIALS
Brooks Run South Mining, LLC · Struck by falling object

Employee had changed out the collector bag in the roof bolting machine dust box. Employee slammed the door shut on the box and caught the middle and ring fingers of left hand between the door and frame.

January 7, 2016 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator DUST DISEASE OF LUNGS
Brooks Run South Mining, LLC · Inhalation of radiations, caustics, toxic and noxious substances

Employer was notified by the workers compensation administrator on 3/21/16 that the employee had a diagnosis of pneumoconiosis on 1/7/16.

2015 · 8 incidents

December 1, 2015 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Brooks Run South Mining, LLC · Over-exertion in lifting objects

Employee and a coworker were installing a bottom belt roller. One end of the roller was put in the hanger. To install the other end, the coworker lifted up on the belt using channel locks while injured lifted the end of the roller into place. Some weight of the belt was still on the roller and he felt pain in his back as he lifted it.

October 6, 2015 WV · Coal wireman, communications man DISORDERS (REPEATED TRAUMA)
Brooks Run South Mining, LLC · (Not Elsewhere Classified)

Employer was notified by the workers compensation administrator on 11/16/15 that the employee was diagnosed with hearing loss on 10/6/15.

August 20, 2015 WV · Coal scoop tram operator, load/haul/dump operator HANDLING OF MATERIALS
Brooks Run South Mining, LLC · Over-exertion in pulling or pushing objects

Employee was in the process of unloading trash from bucket of scoop. The scoop was loaded with mine trash and was parked near the dumpster on the surface of the underground mine. The employee was lifting trash into the dumpster. He pulling on piece of curtain it was stuck, resulting in twisting of lower back. Continued to work rest of shift then went for medical attention.

July 17, 2015 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator DISORDERS (REPEATED TRAUMA)
Brooks Run South Mining, LLC · (Not Elsewhere Classified)

Employer was notified on 7/10/15 by the compensation administration that the employee was diagnosed with hearing loss on 6/16/15. The employee is currently off work from an injury on 4/1/15 not related to this hearing loss diagnosis.

April 13, 2015 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Brooks Run South Mining, LLC · Fall onto or against objects

The employee was in process of hanging miner cable and waterline, in 45 inches of height. While lifting the cable to install insulated hanger the employee changed body position and lost balance, fell onto the head of continuous miner that was not being operated, and power was off on the machine. Employee continued to work until seeking medical attention on 04/28/2015.

April 6, 2015 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator DUST DISEASE OF LUNGS
Brooks Run South Mining, LLC · Inhalation of radiations, caustics, toxic and noxious substances

Employer was notified by compensation administrator on 5/18/15 that the employee had a diagnosis of pneumoconiosis on 4/6/15.

April 1, 2015 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Brooks Run South Mining, LLC · Struck against a moving object

Employee reported at end of shift on 04/02/2015, that he had injured his back on 04/01/2015, while running a shuttle car on rough roadways. Employee continued to work scheduled shift, employee left work early on 04/07/2015 and began missing work on 04/08/2015.

March 4, 2015 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider MACHINERY
Brooks Run South Mining, LLC · Struck by... (Not Elsewhere Classified)

Drilling hole for a tailpiece, cleaning hole by pulling drill up & down the bit fouled lost grip on drill resulting in drill spinning around, striking him in right side of the face. Drill is 39in. long, area was 43in. high. Finished his shift was taken to hospital x-rays=2 small closed fractures to right cheek. Didn't miss any work. First said he was knocked out, later said addled.

2014 · 4 incidents

October 15, 2014 WV · Coal superintendent DUST DISEASE OF LUNGS
Brooks Run South Mining, LLC · Inhalation of radiations, caustics, toxic and noxious substances

Employer received information from the workers compensation provider on 10/15/14 that the employee was diagnosed with pneumoconiosis on 7/22/14 and that he would be receiving an award.

September 8, 2014 WV · Coal electrician, lineman DUST DISEASE OF LUNGS
Brooks Run South Mining, LLC · Inhalation of radiations, caustics, toxic and noxious substances

The employer was notified on 9/8/14 by the workers compensation administrator that the employee had filed a pneumoconiosis claim with a physician's report of pneumoconiosis dated 8/26/14.

August 28, 2014 WV · Coal electrician, lineman HANDLING OF MATERIALS
Brooks Run South Mining, LLC · Over-exertion in lifting objects

Employee and a coworker were lifting a water pump motor when he felt pain in his lower back. He began working restricted duty on 9-3-14.

January 16, 2014 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator DUST DISEASE OF LUNGS
Brooks Run Mining Company, LLC · Inhalation of radiations, caustics, toxic and noxious substances

Employer was informed on 1/16/14 that the employee had a diagnosis of pneumoconiosis on 1/8/14.

2013 · 4 incidents

October 3, 2013 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator MACHINERY
Brooks Run Mining Company, LLC · Caught in, under or between (Not Elsewhere Classified)

The employee was drilling roof bolt hole his glove became caught between the two pieces of drill steel and twisted his hand and arm

September 13, 2013 WV · Coal wireman, communications man DUST DISEASE OF LUNGS
Brooks Run Mining Company, LLC · Inhalation of radiations, caustics, toxic and noxious substances

The Workers Compensation administrator for the employer was notified on 9/13/13 that the occupational pneumoconiosis board had granted the employee a 10% award for pneumoconiosis.

April 12, 2013 WV · Coal FIRE
Brooks Run Mining Company, LLC · Accident type, without injuries

A High voltage power pole caught on fire approximately 5 ft from the top and burnt in two.

February 8, 2013 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss POWERED HAULAGE
Brooks Run Mining Company, LLC · Struck by... (Not Elsewhere Classified)

The injured employee was operating a 4 wheeled battery ride when he started through a check curtain. The curtain caught a bundle of plastic pogo sticks (tied together) and forced the end of the bundle onto the injured employees leg at the same time becoming lodged against the top. The result was a fracture of the lower leg.

2012 · 1 incident

February 6, 2012 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Brooks Run Mining Company, LLC · Struck by... (Not Elsewhere Classified)

Employee was operating Roof-bolter, while installing roof bolt, employee hit rotation and the bolt hit him in the left wrist.

2011 · 2 incidents

May 2, 2011 WV · Coal electrician, lineman SLIP OR FALL OF PERSON
Brooks Run Mining Company, LLC · Over-exertion (Not Elsewhere Classified)

Employee has chronic pain in both knees and has arthritis is his knees. His condition is attributed to crawling in low coal and walking over uneven terrain underground. He recently stepped into a depression in the mine floor causing additional pain in his knee. He is currently assigned duties to limit crawling and walking over mine bottom pending further medical evaluation.

February 28, 2011 WV · Coal utility man, errand boy, service truck operator HANDLING OF MATERIALS
Brooks Run Mining Company, LLC · Struck by... (Not Elsewhere Classified)

Employee was riding in mantrip trailer. Another employee activated the automatic ventilation doors and then let go of the control switch box. The box swung back slightly and hit the injured employee on the cheek.

2010 · 1 incident

August 16, 2010 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Brooks Run Mining Company, LLC · Over-exertion in pulling or pushing objects

Employee inserted a roof bolt into the drill hole. He then pulled the bolt with his left hand to guide it into the drill pot chuck and felt pain in his left side and back. The employee continued to work in his regular capacity until 8/26/2010 at which time he saw a physician and began restricted duty.