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Eagle Creek Mining LLC: 661 MSHA citations operator

Controlled by John M Potter; Thomas A Potter
MSHA operator ID: 0065923

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Email me when a new MSHA incident is filed at any Eagle Creek Mining LLC mine.

Fatalities
0
Total incidents
54
Mines on record
6
Years on record
2006–2018
Compliance record
MSHA citations since 2006
661
citations
325
significant & substantial
$883,312
proposed penalties
$576,313
paid to date
65% of proposed penalties paid to date, a $306,999 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
147
inspections on record
6,240
inspection hours
10.6
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.
661 citations across 6,240 inspection hours.
Source: MSHA inspections data, updated weekly.
Penalty disposition
ⓘ Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$883K
proposed penalties
$576K
current assessed
$576K
paid to date
$0
outstanding
645 assessments are final orders; 71 contested dockets.
Of $859K in penalties contested before the Commission, $514K was upheld in final decisions.
As of the most recent assessment on 2021-04-12.
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.
50.4%
significant & substantial
3.6%
high negligence or reckless
51.2%
reasonably likely or greater
40.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 29.9% low, 66.5% moderate, 3.6% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2019
ⓘ 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 coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
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
2019 * 0.00 0.00 0.000
2018 * 2.08 2.08 0.000
2017 * 0.00 0.00 0.000
2016 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 6.90 6.90 0.000
2013 2.36 1.18 0.000
2012 2.94 2.94 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.
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: 2019-10-28, 6 years ago
98%
within 1.5 mg/m3
351
samples
3.25
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.
283 samples taken by MSHA inspectors, 68 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR123
  • HIGHLIFT OPERATOR/FRONT END LOADER70
  • HIGHWALL DRILL OPERATOR68

Silica (quartz)

Last sampled: 2019-11-05, 6 years ago
10.8
silica avg (%)
18
samples
43.6
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR10
  • HIGHWALL DRILL OPERATOR8
See US coal mines ranked by silica in their dust samples.

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: 2019-10-29, 6 years ago
1%
over PEL
146
samples
Most-sampled occupations
  • BULLDOZER OPERATOR43
  • HIGHLIFT OPERATOR/FRONT END LOADER35
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE32
See US mines ranked by noise samples over the legal limit.
Source: MSHA respirable dust, quartz, and noise sampling records, 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.
461 citations taken to the federal commission · 70% of citations on record
  • Settled 425 · 92%
  • Stood as issued 36 · 8%
83%
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 309 decided S&S contests · industry: 79%
37%
Penalty reduction in decided contests
$808K proposed, $513K 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 2021-01-25. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
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 operator contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
WEVA 2009-152 Settlement Paez 2011 $121K → $66K
WEVA 2009-153 Settlement Paez 2011 $86K → $44K
WEVA 2014-2191 Settlement McCarthy 2015 $67K → $42K
WEVA 2013-1149 Settlement McCarthy 2016 $64K → $19K
WEVA 2015-0443 Settlement Gill 2015 $53K → $40K
WEVA 2015-0597 Settlement McCarthy 2015 $42K → $23K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2018
1
2017
1
2015
1
2014
10
2013
4
2012
4
2011
3
2010
9
2009
2
2008
10
2007
2
2006
7

Mines on record

For insurers, brokers, and safety consultants

Where Eagle Creek Mining LLC stands on silica, penalties, and injury rate

MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes dust and quartz as separate files and never the silica figure itself. We derive it per sample, score it against the limit, and set the operator's injury rate against a benchmark built from the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality history. Delivered as a PDF with the underlying data as CSV.

The federal record itself stays free on this site. What costs money, and why.

See a sample report
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