Mining Incidents

Bart Mulzer: 788 MSHA citations controller

MSHA controller ID: M00036

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Fatalities
0
Total incidents
601
Mines on record
17
Years on record
1983–2016
Compliance record
MSHA citations since 2000
788
citations
151
significant & substantial
$109,943
proposed penalties
$104,001
paid to date
95% of proposed penalties paid to date, a $5,942 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
532
inspections on record
10,646
inspection hours
7.4
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.
788 citations across 10,646 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: 2011-02-08.
On record since 2011.
Source: MSHA imminent-danger order records, 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.
$110K
proposed penalties
$104K
current assessed
$104K
paid to date
$0
outstanding
786 assessments are final orders; 15 contested dockets.
Of $18K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2016-12-20.
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.
19.2%
significant & substantial
1.3%
high negligence or reckless
19.2%
reasonably likely or greater
32.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.4% none, 31.2% low, 67.2% moderate, 1.3% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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.
3.23
total case rate
0.92
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 2.17 and the all-US-mining average was 2.59 cases per 100 workers.
Year total case rate days-away fatal
2016 3.23 0.92 0.000
2015 3.55 1.25 0.000
2014 1.97 0.22 0.000
2013 2.61 0.78 0.000
2012 2.74 0.23 0.000
2011 5.49 0.42 0.000
2010 5.56 1.56 0.000
2009 4.02 0.95 0.000
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.

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: 2016-12-14, 9 years ago
7%
of limit-tested samples over the exposure limit
406
samples
349
limit-tested
Most sampled contaminants
  • Diesel particulate (total carbon)6214 over
  • Nuisance dust, total, <1% Qtz456 over
  • TCarbon @ 350172 over
  • Quartz, respirable, >1% Qtz911 over

Area samples (mill and shop air)

Last sampled: 2015-04-29, 11 years ago
2
samples
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.
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 · 2% of citations on record
  • Settled 15 · 94%
  • Stood as issued 1 · 6%
77%
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 13 decided S&S contests · industry: 79%
39%
Penalty reduction in decided contests
$12K proposed, $7K 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 2016-12-07. 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 controller contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
LAKE20020028M Settlement Barbour 2002 $4K → $2K
LAKE 2012-40M Settlement Lesnick 2012 $3K → $810
LAKE 2010-117M Settlement Harner 2011 $2K → $2K
LAKE 2011-671M Dismissal Lesnick 2011 $2K → $2K
LAKE 2012-496M Settlement Lesnick 2012 $2K → $484
LAKE20020104M Default Barbour 2002 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2016
15
2015
17
2014
9
2013
10
2012
13
2011
27
2010
25
2009
18
2008
15
2007
8
2006
20
2005
35
2004
29
2003
23
2002
21
2001
37
2000
25
1999
32
1998
20
1997
18
1996
16
1995
12
1994
19
1993
6
1992
10
1991
14
1990
10
1989
22
1988
20
1987
18
1986
12
1985
12
1984
5
1983
8

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where Bart Mulzer 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.

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