Mining Incidents

Franklin Industries Inc: 6 recorded fatalities controller

MSHA controller ID: M04188

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Fatalities
6
Total incidents
377
Mines on record
16
Years on record
1983–2006
Compliance record
MSHA citations since 2000
666
citations
149
significant & substantial
$119,388
proposed penalties
$110,966
paid to date
93% of proposed penalties paid to date, a $8,422 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
244
inspections on record
6,399
inspection hours
10.4
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.
666 citations across 6,399 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.
$119K
proposed penalties
$111K
current assessed
$111K
paid to date
$0
outstanding
661 assessments are final orders; 2 contested dockets.
Of $54K in penalties contested before the Commission, $46K was upheld in final decisions.
As of the most recent assessment on 2006-11-30.
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.
22.5%
significant & substantial
4.9%
high negligence or reckless
22.9%
reasonably likely or greater
65.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.2% low, 88.9% moderate, 4.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2006
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.
1.66
total case rate
0.41
days-away rate
0.414
fatality rate
Below average. The US metal and nonmetal mining average was 3.41 and the all-US-mining average was 3.91 cases per 100 workers.
Year total case rate days-away fatal
2006 1.66 0.41 0.414
2005 4.45 0.81 0.000
2004 3.72 1.65 0.000
2003 1.86 0.75 0.000
2002 0.74 0.00 0.000
2001 1.86 0.37 0.000
2000 4.08 1.11 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: 2006-08-30, 19 years ago
0%
of limit-tested samples over the exposure limit
116
samples
110
limit-tested
Most sampled contaminants
  • Nuisance dust, respirable, <1% Qtz33
  • Total Carbon,calculated from elemental carbon.33
  • Total Carbon,TC32
  • Nuisance dust, total, <1% Qtz18

Area samples (mill and shop air)

Last sampled: 2005-07-21, 21 years ago
1
samples
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.
3 citations taken to the federal commission · 0% of citations on record
  • Settled 3 · 100%
100%
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 3 decided S&S contests · industry: 79%
15%
Penalty reduction in decided contests
$54K proposed, $46K 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 2006-10-31. 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
CENT 2006-256M Settlement Zielinski 2007 $41K → $33K
SE 2007-63M Settlement Barbour 2007 $13K → $13K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2006
6 (1f)
2005
14
2004
9
2003
6
2002
4
2001
5
2000
12
1999
18
1998
19 (1f)
1997
11 (1f)
1996
13
1995
15
1994
13
1993
22
1992
34 (1f)
1991
24
1990
25
1989
35
1988
28
1987
15
1986
11 (1f)
1985
7
1984
18 (1f)
1983
13

Operators under this controller

Mines on record

Fatalities under this controller

6 recorded
April 22, 2006 TN · Metal/Non-Metal utility man, errand boy, service truck operator Fatality · POWERED HAULAGE
Lhoist North America Of Tennessee, LLC · Caught in, under or between a moving and a stationary object

Utility operator was preparing to wash out the rail scale. The loader operator was weighing the loader on the scale. The loader operator announced on the radio that he was moving the loader off the scale. He slowly moved forward when he observed the utility operator on the ground. The utility operator apparently fell and was crushed by the front left tire of the loader.

December 23, 1998 TN · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman Fatality · POWERED HAULAGE
Lhoist North America Of Tennessee, LLC · Caught in, under or between a moving and a stationary object

TEAM MEMBERS WERE CONDUCTING ROUTINE RAILCAR LOADOUT PROCEDURES. AFTER PULLING A RAILCAR OFF THE SCALES, HE STEPPED UP TO THE RAILCAR TO UNHOOK IT FROM THE LOADER OPERATOR WHILE IT WAS STILL I N MOTION. AT THE SAME INSTANT THE RAILCAR ROLLED PAST THE LOADER CAUSING THE ACCIDENT.

April 22, 1992 TN · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer Fatality · MACHINERY
H C Spinks Clay Company Inc · Caught in, under or between a moving and a stationary object

WHILE OPERATING MOTOR GRADER EMPLOYEE BACKED DOWNHILL TO BOTTOM OF INCLINE. EMP STARTED THE GRADER UP THE INCLINE AND HAD MOVED 70 FT WHEN MOTOR QUIT AND GRADER STARTED ROLLING BACKWARDS, EMP JUMPED OUT THE L DOOR OF GREADER LANDING ON HIS FEET AND FALLING TO GROUND, THEN THE BACK SIDE OF BLADE HIT HIM AND THEN THE L FRONT TIRE RAN OVER HIM

July 28, 1986 TN · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger Fatality · MACHINERY
H C Spinks Clay Company Inc · Caught in, under or between (Not Elsewhere Classified)

THE OPERATOR HA8 BACKED THE DRAGLINE INTO MINING POSITION WITH THE CAB FACING THE PIT. ONCE IN POSITION THE OPERATOR FAILED TO APPLY THE PARKING BRAKES. THERE WAS NO SAFETY BERM BETWEEN THE TR ACKS AND THE PI7. THE MACHINE STARTED TRAVELING TOWARD THE HOLE. THE OPERATOR GOT OUT OF THE CAB AND TRIED TO CLIMB OVER THE SAFETY RAIL AS THE MACHINE WAS TRAVELING INTO THE PIT. THE MACHINE

May 1, 1984 TX · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator Fatality · POWERED HAULAGE
Franklin Industrial Minerals · Caught in, under or between (Not Elsewhere Classified)

VICTIM WAS REPLACING BUCKETS ON A BUCKET ELEVATOR WHEN A CO-WORKER STARTED THE ELEVATOR AS NORMAL NOT AWARE THE VICTIM WAS IN IT. HE WAS CAUGHT BE HIND THE HEAD AND PINNED IN THE MATERIAL AT T HE BOTTOM OF THE ELEVATOR. RESCUE EFFORTS TOOK ABOUT 20 MINUTES DURING THIS TIME THERE WAS NO AIR OTHER THAN A SMALL HOLE DUG OUT.

For insurers, brokers, and safety consultants

Where Franklin 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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