Mining Incidents

West Wash Plant #12: 90 MSHA citations Metal/Non-Metal

Croell, Inc. · Surface
Controlled by Kurt Croell
Billings, Yellowstone County, MT  ·  Intermittent
MSHA Mine ID: 2402356

West Wash Plant #12 has $24K in proposed MSHA penalties and $373 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
9
Years on record
2005–2024
Latest incident
Mar 2024
Compliance record
MSHA citations since 2004
90
citations
26
significant & substantial
$24,034
proposed penalties
$19,341
paid to date
80% of proposed penalties paid to date, a $4,693 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
42
inspections on record
656
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: 656 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

West Wash Plant #12 has $24K in proposed MSHA penalties and $373 outstanding across 1 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.
$24K
proposed penalties
$20K
current assessed
$19K
paid to date
$373
outstanding
90 assessments are final orders; 1 contested dockets.
Of $14K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2025-08-15.
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.
28.9%
significant & substantial
0.0%
high negligence or reckless
28.9%
reasonably likely or greater
40.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 18.9% low, 81.1% moderate, 0.0% 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.
2 citations taken to the federal commission · 2% of citations on record
  • Settled 2 · 100%
100%
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 2 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$14K 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 2007-08-09.
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 2007-754M Settlement Manning 2008 $14K → $10K
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: 2025-08-19
17%
of limit-tested samples over the exposure limit
14
samples
6
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz61 over
  • Respirable dust, <.1mg6
  • Unlisted Particulate, total, <1% Qtz1
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (14)
Date Contaminant Concentration Limit Conc / limit Occupation
2016-11-08 Quartz, respirable, >1% Qtz 1.33 1.09 1.22 Cleanup Man
2025-08-19 Unlisted Particulate, total, <1% Qtz 0 Front-end Loader Operator
2018-08-07 Respirable dust, <.1mg 0 Cleanup Man
2018-08-07 Respirable dust, <.1mg 0 Front-end Loader Operator
2017-01-25 Respirable dust, <.1mg 0 Cleanup Man
2016-11-08 Quartz, respirable, >1% Qtz 0.15 0.47 0.32 Crusher Oper/Worker
2016-11-08 Quartz, respirable, >1% Qtz 0.18 0.52 0.35 Crusher Oper/Worker
2012-08-01 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-09-01 Quartz, respirable, >1% Qtz 0.22 0.5 0.44 Crusher Oper/Worker
2010-09-01 Quartz, respirable, >1% Qtz 0.22 0.75 0.29 Cleanup Man
2010-09-01 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-09-01 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-11-04 Unlisted Particulate, respirable, <1% Qtz 0.16 Front-end Loader Operator
2004-11-04 Quartz, respirable, >1% Qtz 0.23 1.78 0.13 Crusher Oper/Worker
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.

West Wash Plant #12 recorded 0.00 reportable injury cases per 100 full-time workers in 2023.

Injury rate, 2023
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
Below average. The US metal and nonmetal mining average was 1.78 and the all-US-mining average was 2.10 cases per 100 workers.
In Montana, metal and nonmetal mining averaged 3.02 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
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 14.47 14.47 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. JB Farley 2004 to 2004
  2. Johnson Lane Materials LLC 2004 to 2010
  3. Johnson Lane Materials 2010 to 2017
  4. FirstMark Materials, LLC 2017 to 2021
  5. Croell, Inc. 2021 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 2
2025 1
2024 7
2023 9
2022 12
2021 13
2020 14
2019 13
2018 17
2017 14
2016 11
2015 10
2014 9
2013 7
2012 5
2011 7
2010 11
2009 14
2008 14
2007 17
2006 14
2005 9
2004 7
Source: MSHA quarterly employment and production, updated weekly.

West Wash Plant #12 sits in Yellowstone County, Montana, where the Census mining category is 1.4% 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.
Yellowstone County, Montana · Population 167,340
1.4%
Mining share of county employment
$74,400
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 1,823 0 0 0.0
2026 Q1 0 0 0
2025 Q4 344 0 0 0.0
2025 Q3 87 1 0 11494.3
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 3,641 0 0 0.0
Show 81 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,397 0 0 0.0
2024 Q1 4,525 0 0 0.0
2023 Q4 5,386 0 0 0.0
2023 Q3 4,780 0 0 0.0
2023 Q2 6,245 0 0 0.0
2023 Q1 4,017 0 0 0.0
2022 Q4 6,259 0 0 0.0
2022 Q3 7,998 0 0 0.0
2022 Q2 8,085 0 0 0.0
2022 Q1 6,155 0 0 0.0
2021 Q4 2,656 1 0 376.5
2021 Q3 4,000 0 0 0.0
2021 Q2 3,194 0 0 0.0
2021 Q1 1,759 1 0 568.5
2020 Q4 2,769 0 0 0.0
2020 Q3 3,082 0 0 0.0
2020 Q2 2,210 1 0 452.5
2020 Q1 1,776 0 0 0.0
2019 Q4 963 0 0 0.0
2019 Q3 3,557 0 0 0.0
2019 Q2 3,663 2 0 546.0
2019 Q1 1,943 0 0 0.0
2018 Q4 3,218 0 0 0.0
2018 Q3 4,379 0 0 0.0
2018 Q2 2,891 0 0 0.0
2018 Q1 1,759 0 0 0.0
2017 Q4 4,125 2 1 484.8
2017 Q3 4,312 0 0 0.0
2017 Q2 2,179 0 0 0.0
2017 Q1 1,643 0 0 0.0
2016 Q4 2,754 6 1 2178.6
2016 Q3 1,385 2 0 1444.0
2016 Q2 2,866 0 0 0.0
2016 Q1 2,412 4 0 1658.4
2015 Q4 3,284 0 0 0.0
2015 Q3 2,009 0 0 0.0
2015 Q2 1,745 0 0 0.0
2015 Q1 2,287 0 0 0.0
2014 Q4 3,550 4 0 1126.8
2014 Q3 4,364 0 0 0.0
2014 Q2 6,870 0 0 0.0
2014 Q1 5,803 0 0 0.0
2013 Q4 2,053 0 0 0.0
2013 Q3 4,866 0 0 0.0
2013 Q2 5,040 0 0 0.0
2013 Q1 4,440 5 4 1126.1
2012 Q4 5,050 0 0 0.0
2012 Q3 3,887 3 2 771.8
2012 Q2 2,140 0 0 0.0
2012 Q1 1,846 0 0 0.0
2011 Q4 1,960 0 0 0.0
2011 Q3 3,115 0 0 0.0
2011 Q2 3,700 0 0 0.0
2011 Q1 3,854 0 0 0.0
2010 Q4 4,269 9 7 2108.2
2010 Q3 4,695 2 0 426.0
2010 Q2 5,274 0 0 0.0
2010 Q1 5,573 0 0 0.0
2009 Q4 4,634 0 0 0.0
2009 Q3 10,104 0 0 0.0
2009 Q2 9,615 0 0 0.0
2009 Q1 4,489 0 0 0.0
2008 Q4 920 0 0 0.0
2008 Q3 5,280 0 0 0.0
2008 Q2 4,560 2 0 438.6
2008 Q1 10,787 0 0 0.0
2007 Q4 9,992 0 0 0.0
2007 Q3 6,205 12 2 1933.9
2007 Q2 6,751 0 0 0.0
2007 Q1 4,686 2 2 426.8
2006 Q4 4,418 0 0 0.0
2006 Q3 5,808 0 0 0.0
2006 Q2 5,275 0 0 0.0
2006 Q1 4,224 16 2 3787.9
2005 Q4 3,536 0 0 0.0
2005 Q3 4,896 0 0 0.0
2005 Q2 5,856 0 0 0.0
2005 Q1 3,887 0 0 0.0
2004 Q4 4,514 10 4 2215.3
2004 Q3 3,695 4 0 1082.5
2004 Q2 1,952 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

9 on file

2024 · 1 incident

March 19, 2024 MT · Metal/Non-Metal miner, prospector, nec MACHINERY
Croell, Inc. · Struck by... (Not Elsewhere Classified)

EE was using a handheld grinder w/cone wire wheel to clean a weld. The grinder caught on the pipe and kicked up hitting the EE's welding hood and knocking it up. The grinder hit EE's chin and lip.

2009 · 1 incident

January 9, 2009 MT · Metal/Non-Metal master electrician ELECTRICAL
Johnson Lane Materials LLC · Flash burns (electric)

The employee was using a screw driver to attach an electrical disconnect handle in an electrical box. The power on the load side of the box was shut off, but the line side was energized. The victim slipped while working on the handle and the screw driver he was using came in contact with the line side of the box causing an electrical arc and flash.

2007 · 2 incidents

November 29, 2007 MT · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Johnson Lane Materials LLC · Over-exertion (Not Elsewhere Classified)

Getting off of equipment and slipped on ice.

March 21, 2007 MT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Johnson Lane Materials LLC · Struck by... (Not Elsewhere Classified)

Moving belt into place when chain broke hitting EE in the right leg breaking it and contusions to the left leg.

2006 · 4 incidents

September 7, 2006 MT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY
Johnson Lane Materials LLC · Flash burns (welding)

Was welding on screens - employee was wearing a welding helmet.

August 30, 2006 MT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator OTHER
Johnson Lane Materials LLC · Absorption of radiations, caustics, toxic and noxious substances

Repairing a belt and was stung by a wasp in the neck.

August 8, 2006 MT · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Johnson Lane Materials LLC · Struck by... (Not Elsewhere Classified)

Cable on shed door came unraveled. Employee re-wound both sides of cable to reset tension spring. Reached for wrench from back pocket with right hand and released some of the tension on the cable. With the released tension on the cable the cable came out of employee's hand and subsequently cut his left wrist requiring medical treatment.

January 5, 2006 MT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Johnson Lane Materials LLC · Struck by... (Not Elsewhere Classified)

Making repairs to the Jaw (tighting bolts). Was using a cheater bar and the bar slipped and smashed right thumb. First aid was given at the office for cuts on either side of the knuckle. Employee's wife took him to the doctor to have the thumb X-rayed. No broken bone; however, the thumb was immobilized.

2005 · 1 incident

September 7, 2005 MT · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Johnson Lane Materials LLC · Struck by falling object

EMPLOYEE LOOKED UP & SAW THAT THE JAW WAS NOT MOVING; ROCKS WERE BACKED UP ALL THE WAY TO TOP OF SCREEN. HE SIGNALED FOR THE LOADER OPERATORS TO KILL THE SCREEN PLANT. THEY DID NOT. HE CONTINUED ON TO THE SCREEN PLANT TO ATTEMPT TO GET IT GOING AGAIN. WHILE TRYING TO GET JAW RUNNING A ROCK CAME OFF THE SCREEN PLANT BETWEEN SHAKER & SHOOT AND HIT HIM ON TOP OF THE HEAD.