Mining Incidents

Dennis A Flickinger: 45 MSHA citations controller

MSHA controller ID: 0064677

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Fatalities
0
Total incidents
0
Mines on record
0
Years on record
Compliance record
MSHA citations since 2006
45
citations
17
significant & substantial
$50,104
proposed penalties
$436
paid to date
1% of proposed penalties paid to date, a $49,668 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
23
inspections on record
161
inspection hours
n/a
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.
Rate withheld: 161 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
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.
$50K
proposed penalties
$29K
current assessed
$436
paid to date
$28K
outstanding
43 assessments are final orders; 6 contested dockets.
Of $27K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2010-06-09.
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.
39.5%
significant & substantial
14.0%
high negligence or reckless
39.5%
reasonably likely or greater
74.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.3% low, 83.7% moderate, 14.0% 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.
20 citations taken to the federal commission · 44% of citations on record
  • Settled 15 · 75%
  • Stood as issued 5 · 25%
82%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 11 decided S&S contests · industry: 79%
77%
Penalty reduction in decided contests
$27K 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 2011-01-03. 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 2011-464M Settlement Barbour 2014 $24K → $3K
WEST 2010-1535M Default Lesnick 2011 $3K → $3K
WEST 2007-248M Settlement Bulluck 2007 $550 → $379
WEST 2007-292M Settlement Bulluck 2007 $231 → $322
WEST 2007-291M Settlement Bulluck 2007 $124 → $100
WEST 2007-371M Settlement Manning 2007 $60 → $50
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

No reportable incidents on file.

MSHA has no recorded reportable accidents associated with this controller.

For insurers, brokers, and safety consultants

Where Dennis A Flickinger 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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