Mining Incidents

Eagle-Picher Industries Inc: 2 recorded fatalities controller

MSHA controller ID: M00245

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Fatalities
2
Total incidents
559
Mines on record
8
Years on record
1983–2010
Compliance record
MSHA citations since 2000
579
citations
117
significant & substantial
$260,530
proposed penalties
$163,587
paid to date
63% of proposed penalties paid to date, a $96,943 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
201
inspections on record
4,144
inspection hours
14.0
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.
579 citations across 4,144 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.
$261K
proposed penalties
$202K
current assessed
$164K
paid to date
$38K
outstanding
568 assessments are final orders; 17 contested dockets.
Of $187K in penalties contested before the Commission, $128K was upheld in final decisions.
As of the most recent assessment on 2010-04-27.
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.
20.4%
significant & substantial
7.4%
high negligence or reckless
20.3%
reasonably likely or greater
55.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.0% low, 86.6% moderate, 7.2% high, 0.2% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2009
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.
2.83
total case rate
0.00
days-away rate
0.000
fatality rate
About average. The US metal and nonmetal mining average was 2.82 and the all-US-mining average was 3.36 cases per 100 workers.
Year total case rate days-away fatal
2009 2.83 0.00 0.000
2008 4.11 0.69 0.000
2007 2.06 0.23 0.000
2006 4.68 0.47 0.000
2005 * 73.70 22.11 0.000
2004 * 87.39 23.83 0.000
2003 * 142.92 54.44 6.805
2002 * 137.09 49.85 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
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: 2009-11-17, 16 years ago
7%
of limit-tested samples over the exposure limit
71
samples
14
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz111 over
  • Unlisted Particulate, respirable, <1% Qtz29
  • Unlisted Particulate, total, <1% Qtz10
  • Cristobalite, respirable9
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.
72 citations taken to the federal commission · 12% of citations on record
  • Settled 71 · 99%
  • Stood as issued 1 · 1%
86%
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 29 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$142K proposed, $95K 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 2010-03-02. 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 2004-510M Settlement Manning 2005 $71K → $41K
WEST 2009-570M Settlement Manning 2010 $39K → $31K
WEST20030042M Settlement Manning 2003 $34K → $24K
WEST 2007-445M Settlement Manning 2007 $17K → $13K
WEST20020291M Settlement Hodgdon 2002 $12K → $8K
WEST 2010-406M Settlement Lesnick 2010 $6K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2010
1
2009
12
2008
19
2007
9
2006
10
2005
12
2004
14
2003
22 (1f)
2002
23
2001
19
2000
27
1997
4
1996
3
1995
50
1994
30
1993
53
1992
30
1991
37
1990
26
1989
32
1988
30
1987
26
1986
15
1985
12
1984
21 (1f)
1983
22

Operators under this controller

Mines on record

Fatalities under this controller

2 recorded
August 9, 2003 NV · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · SLIP OR FALL OF PERSON
Eagle Picher Filtration & Minerals Inc · Fall to lower level, (Not Elsewhere Classified)

EMPLOYEE WENT ON TO THE TOP OF WAREHOUSE #4 TO CHECK OUT THE WATER COOLER WITHOUT FALL PROTECTION. EMPLOYEE STEPPED ON SKYLIGHT AND FELL TO WAREHOUSE FLOOR 29 FEET BELOW. FALL RESULTED IN FATA LITY OF EMPLOYEE. EMPLOYEE FAILED TO COMPLY WITH COMPANY SAFETY REGULATIONS.

June 25, 1984 NV · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · POWERED HAULAGE
Eagle Picher Filtration & Minerals Inc · Struck against a moving object

LOADER ACCIDENT BECAUSE OF LOSS OF CONTROL.

For insurers, brokers, and safety consultants

Where Eagle-Picher Industries Inc 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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