Mining Incidents

Gary Milligan; Richard Schatzer: 10 MSHA citations controller

MSHA controller ID: M08804

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Fatalities
0
Total incidents
2
Mines on record
1
Years on record
2002–2003
Compliance record
MSHA citations since 2000
10
citations
2
significant & substantial
$5,272
proposed penalties
$4,392
paid to date
83% of proposed penalties paid to date, a $880 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
20
inspections on record
177
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: 177 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.
$5K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
10 assessments are final orders; 1 contested dockets.
Of $4K in penalties contested before the Commission, $4K was upheld in final decisions.
As of the most recent assessment on 2011-11-02.
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.
20.0%
significant & substantial
0.0%
high negligence or reckless
20.0%
reasonably likely or greater
80.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.0% low, 80.0% moderate, 0.0% 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.
1 citations taken to the federal commission · 10% of citations on record
  • Settled 1 · 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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 1 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$4K proposed, $4K 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 2004-08-24. 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 2004-237M Settlement Hodgdon 2004 $4K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2003
1
2002
1

Operators under this controller

Mines on record

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Where Gary Milligan; Richard Schatzer 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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