Daniel E Tezak: 178 MSHA citations controller
MSHA controller ID: M03956
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- Fatalities
- 0
- Total incidents
- 14
- Mines on record
- 1
- Years on record
- 2000–2020
Compliance record
MSHA citations since 2000
178
citations
40
significant & substantial
$34,777
proposed penalties
$30,956
paid to date
89% of proposed penalties paid to date, a $3,821 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
90
inspections on record
1,452
inspection hours
12.3
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.178 citations across 1,452 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.$35K
proposed penalties
$31K
current assessed
$31K
paid to date
$0
outstanding
177 assessments are final orders; 6 contested dockets.
Of $10K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2022-11-28.
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.22.6%
significant & substantial
13.0%
high negligence or reckless
22.6%
reasonably likely or greater
41.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.6% low, 81.4% moderate, 13.0% 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.
16
citations taken to the federal commission · 9% of citations on record
- Settled 16 · 100%
70%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.of 10 decided S&S contests · industry: 79%
37%
Penalty reduction in decided contests
$10K proposed, $6K 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 2014-10-15. 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 |
|---|---|---|---|---|
| WEST 2014-0552 | Settlement | Lesnick | 2014 | $5K → $4K |
| WEST 2014-1011 | Settlement | Miller | 2015 | $2K → $343 |
| WEST 2014-1010 | Settlement | Miller | 2015 | $2K → $1K |
| WEST 2009-760M | Settlement | Lesnick | 2010 | $946 → $662 |
| WEST 2015-0057 | Settlement | Miller | 2015 | $400 → $400 |
| WEST 2008-264M | Settlement | Lesnick | 2008 | $276 → $238 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Top causes
- SLIP OR FALL OF PERSON 5 non-fatal
- HANDLING OF MATERIALS 2 non-fatal
- HANDTOOLS (NONPOWERED) 2 non-fatal
- MACHINERY 1 non-fatal
- OTHER 1 non-fatal
- POWERED HAULAGE 1 non-fatal
Incident timeline
2020
1
2019
2
2017
1
2016
1
2014
3
2009
1
2008
1
2006
2
2002
1
2000
1
Operators under this controller
Mines on record
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Where Daniel E Tezak 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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