Mining Incidents

Fred Palacios et al: 91 MSHA citations controller

MSHA controller ID: M08902

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Fatalities
0
Total incidents
6
Mines on record
1
Years on record
1988–1989
Compliance record
MSHA citations since 2000
91
citations
41
significant & substantial
$53,691
proposed penalties
$52,901
paid to date
99% of proposed penalties paid to date, a $790 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
26
inspections on record
385
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: 385 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.
$54K
proposed penalties
$54K
current assessed
$53K
paid to date
$731
outstanding
86 assessments are final orders; 4 contested dockets.
Of $6K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2006-12-05.
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.
47.1%
significant & substantial
11.5%
high negligence or reckless
47.1%
reasonably likely or greater
70.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.1% low, 87.4% moderate, 11.5% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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
CENT 2003-245-M Default Lesnick 2003 $3K → $3K
CENT20020122M Default Barbour 2002 $1K → $1K
CENT20020305M Settlement Barbour 2003 $448 → $448
CENT20010386M Settlement Barbour 2002 $259 → $200
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

1989
4
1988
2

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where Fred Palacios et al 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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