Mining Incidents

Boxley Materials Co: 2 recorded fatalities controller

MSHA controller ID: M00780

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Fatalities
2
Total incidents
359
Mines on record
19
Years on record
1983–2016
Compliance record
MSHA citations since 2000
535
citations
98
significant & substantial
$90,609
proposed penalties
$81,443
paid to date
90% of proposed penalties paid to date, a $9,166 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
398
inspections on record
8,544
inspection hours
6.3
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.
535 citations across 8,544 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: 2014-02-20.
On record since 2014.
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.
$91K
proposed penalties
$81K
current assessed
$81K
paid to date
$0
outstanding
532 assessments are final orders; 18 contested dockets.
Of $26K in penalties contested before the Commission, $17K was upheld in final decisions.
As of the most recent assessment on 2016-03-02.
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.
18.4%
significant & substantial
5.3%
high negligence or reckless
19.0%
reasonably likely or greater
64.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 25.9% low, 68.6% moderate, 5.3% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2015
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.
0.76
total case rate
0.76
days-away rate
0.000
fatality rate
Below average. The US metal and nonmetal mining average was 2.26 and the all-US-mining average was 2.72 cases per 100 workers.
Year total case rate days-away fatal
2015 0.76 0.76 0.000
2014 3.17 1.58 0.000
2013 3.03 0.76 0.000
2012 0.00 0.00 0.000
2011 0.68 0.68 0.000
2010 3.56 3.56 0.000
2009 0.70 0.00 0.000
2008 3.58 1.43 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: 2015-11-05, 10 years ago
2%
of limit-tested samples over the exposure limit
158
samples
108
limit-tested
Most sampled contaminants
  • Nuisance dust, total, <1% Qtz42 over
  • Quartz, respirable, >1% Qtz64
  • Respirable dust, <.1mg46
  • Nuisance dust, respirable, <1% Qtz40
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.
35 citations taken to the federal commission · 7% of citations on record
  • Settled 29 · 83%
  • Stood as issued 6 · 17%
74%
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 19 decided S&S contests · industry: 79%
34%
Penalty reduction in decided contests
$26K proposed, $17K 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 2014-04-23. 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
VA 2010-146M Settlement Rae 2012 $8K → $5K
WEVA 2014-0834 Settlement Simonton 2014 $8K → $6K
WEVA 2004-206M Settlement Weisberger 2005 $3K → $560
WEVA 2006-458M Settlement Lesnick 2006 $2K → $2K
WEVA 2011-2010M Settlement Koutras 2011 $2K → $362
VA 2010-147M Dismissal Rae 2011 $999 → $800
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2016
2
2015
2
2014
5
2013
4
2011
1
2010
6
2009
2
2008
6
2007
2
2006
5
2005
6
2004
3
2003
2
2002
5
2001
13
2000
9
1999
7
1998
11
1997
14
1996
13
1995
14
1994
13
1993
35
1992
35 (1f)
1991
31
1990
16
1989
18
1988
19
1987
29 (1f)
1986
14
1985
6
1984
4
1983
7

Operators under this controller

Mines on record

Fatalities under this controller

2 recorded
July 1, 1992 WV · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer Fatality · EXPLOSIVES AND BREAKING AGENTS
Pounding Mill Quarry Corp · Struck by flying object

RELIEF SHOVEL OPERATOR EE WAS LOADING SHOT ROCK WITH A NORTHWEST 180-D SHOVEL ONTO DUMP TRUCKS (NOTE: NO TRUCKS WERE CLOST TO SHOVEL, BUT OPERATOR WAS LOADING BUCKET IN PREPARATION FOR TRUCK T HAT WAS TURNING TO BACK UP AND GET LOADED) APPARENTLY NORTHWEST 180-D SHOVEL BUCKET DETONATED AN EXPLOSIVE CHARGE CREATING BLAST AND SUBSEQUENT ROCK SLIDE.

June 23, 1987 VA · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger Fatality · MACHINERY
Trego Stone Corp · Caught in, under or between collapsing material or buildings

CLEANING OUT DI7CH USING CRANE DRAGLINE WITH CLAM SHELL.CRANE APPEARED TO MOVE FORWARD GOING OVER EDGE OF BANK AND OVERTURNED.I.NAME JUMPED OUT OF CRANE AND WAS BURIED UNDER DIRT,ROCK & SAND F ROM HEAD TO WAI8T.MASSIVE HEAD INJURIES,FATALITY.

For insurers, brokers, and safety consultants

Where Boxley Materials Co 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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