Mining Incidents

Capitol Materials Corporation: 1 recorded fatality controller

MSHA controller ID: M05413

Capitol Materials Corporation has had 1 fatality among 435 reportable incidents since 1983. MSHA has proposed $42K in penalties since 2000.

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Fatalities
1
Total incidents
435
Mines on record
4
Years on record
1983–2002
Compliance record
MSHA citations since 2000
170
citations
51
significant & substantial
$42,398
proposed penalties
$33,058
paid to date
78% of proposed penalties paid to date, a $9,340 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
36
inspections on record
1,131
inspection hours
15.0
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.
170 citations across 1,131 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.
$42K
proposed penalties
$33K
current assessed
$33K
paid to date
$0
outstanding
170 assessments are final orders; 5 contested dockets.
Of $21K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2002-05-15.
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.
30.0%
significant & substantial
14.7%
high negligence or reckless
30.0%
reasonably likely or greater
48.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.9% low, 69.4% moderate, 14.7% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2002
ⓘ 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 and are withheld below 20,000 hours in a year. Employment reports reach back to 1983, but those earlier years come from MSHA's archived file format and are not used in rates.
10.05
total case rate
5.48
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 4.17 and the all-US-mining average was 5.05 cases per 100 workers.
Year total case rate days-away fatal
2002 10.05 5.48 0.000
2001 10.43 7.82 0.000
2000 9.05 5.17 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: 2002-05-01, 24 years ago
11%
of limit-tested samples over the exposure limit
10
samples
9
limit-tested
Most sampled contaminants
  • Nuisance dust, total, <1% Qtz41 over
  • Quartz, respirable, >1% Qtz3
  • Nuisance dust, respirable, <1% Qtz2
  • Respirable dust, <.1mg1
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.
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
WEVA20030144M Settlement Barbour 2004 $11K → $4K
WEVA20010065M Settlement Cetti 2002 $4K → $4K
VA 20020046M Settlement Zielinski 2002 $4K → $3K
WEVA20010125M Settlement Barbour 2001 $1K → $850
WEVA20020116 Settlement Barbour 2004 $980 → $464
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2002
14
2001
26
2000
24
1999
11
1998
18
1997
21
1996
17
1995
26
1994
22
1993
17
1992
17
1991
19 (1f)
1990
13
1989
9
1988
20
1987
31
1986
38
1985
33
1984
38
1983
21

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
March 7, 1991 WV · Metal/Non-Metal belt foreman, maintenance foreman, maintenance supervisor Fatality · SLIP OR FALL OF PERSON
Capitol Cement Corp · Fall from scaffolds, walkways, platforms

VICTIM WAS BELIEVED TO HAVE FALLEN APPROX 85'. CONDITIONS CONTRIBUTING TO ACCIDENT ARE UNKNOWN BECAUSE THERE WERE NO EYE WITNESSES.

For insurers, brokers, and safety consultants

Where Capitol Materials Corporation 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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