Mining Incidents

Gary E Peyton: 1 recorded fatality controller

MSHA controller ID: C13497

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Fatalities
1
Total incidents
236
Mines on record
3
Years on record
1992–2011
Compliance record
MSHA citations since 2001
960
citations
284
significant & substantial
$447,430
proposed penalties
$278,148
paid to date
62% of proposed penalties paid to date, a $169,282 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
171
inspections on record
9,135
inspection hours
10.5
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.
960 citations across 9,135 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.
$447K
proposed penalties
$278K
current assessed
$278K
paid to date
$0
outstanding
939 assessments are final orders; 35 contested dockets.
Of $336K in penalties contested before the Commission, $166K was upheld in final decisions.
As of the most recent assessment on 2011-08-29.
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.
30.1%
significant & substantial
9.1%
high negligence or reckless
30.0%
reasonably likely or greater
8.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 8.6% low, 82.1% moderate, 8.9% high, 0.2% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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.

Respirable coal dust
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.

Last sampled: 2009-12-11, 16 years ago
100%
within 1.5 mg/m3
22
samples
0.45
dust max (mg/m3)
22 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER13
  • TIPPLE OPERATOR4
  • BULLDOZER OPERATOR1

Noise
The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.

Last sampled: 2008-10-02, 17 years ago
0%
over PEL
11
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER7
  • TIPPLE OPERATOR3
  • CLEANING PLANT OPERATOR1
Source: MSHA respirable dust, quartz, and noise sampling records, 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.
399 citations taken to the federal commission · 42% of citations on record
  • Settled 373 · 93%
  • Stood as issued 24 · 6%
  • Vacated or withdrawn 2 · 1%
96%
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 137 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$336K proposed, $166K 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 2011-08-26. 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
KENT 2008-421 Settlement Lesnick 2009 $135K → $14K
KENT 2009-1252 Settlement Moran 2011 $24K → $16K
KENT 2010-1074 Default Lesnick 2011 $16K → $16K
KENT 2008-708 Settlement Weisberger 2009 $16K → $12K
KENT 2010-105 Settlement Andrews 2011 $13K → $9K
KENT 2007-553 Settlement Melick 2008 $12K → $6K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2011
6
2010
2
2009
11
2008
10
2007
19
2006
15
2005
16
2004
6
2002
3
2001
1
1999
12
1998
13
1997
20
1996
20 (1f)
1995
18
1994
34
1993
28
1992
2

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
April 7, 1996 KY · Coal superintendent Fatality · ELECTRICAL
Pleasant View Mining Company Inc · Contact with hot objects or substances

AN OIL CIRCUIT BRAKER (O.C.B.) LOCATED ON THE SURFACE, CAUSED AN EXPLOSION, CAUUSING TRANSFORMER OIL TO SPRAY COVERING EMPLOYEE, CATCHING HIM ON FIRE, CAUSING 80 TO 90 PER-CENT BURNS TO EMPLOY EE'S BODY.

For insurers, brokers, and safety consultants

Where Gary E Peyton 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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