Mining Incidents

Jerry Weldon: 1 recorded fatality controller

MSHA controller ID: M40095

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Fatalities
1
Total incidents
2
Mines on record
1
Years on record
1992–2000
Compliance record
MSHA citations since 2002
54
citations
11
significant & substantial
$21,274
proposed penalties
$14,376
paid to date
68% of proposed penalties paid to date, a $6,898 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
30
inspections on record
274
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: 274 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.
$21K
proposed penalties
$14K
current assessed
$14K
paid to date
$0
outstanding
54 assessments are final orders; 5 contested dockets.
Of $19K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2012-03-28.
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
1.9%
high negligence or reckless
20.4%
reasonably likely or greater
79.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.6% low, 92.6% moderate, 1.9% high, 0.0% 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.

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: 2011-06-16, 15 years ago
0%
of limit-tested samples over the exposure limit
6
samples
4
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz4
  • Respirable dust, <.1mg2
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.
24 citations taken to the federal commission · 44% of citations on record
  • Settled 24 · 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 8 decided S&S contests · industry: 79%
36%
Penalty reduction in decided contests
$19K proposed, $12K 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 2010-09-10. 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 2009-9M Settlement Miller 2009 $10K → $5K
CENT 2010-1242M Settlement Lesnick 2011 $2K → $2K
CENT 2007-123M Settlement Lesnick 2007 $2K → $2K
CENT 2006-148M Settlement Lesnick 2006 $2K → $1K
CENT 2006-96M Settlement Bulluck 2006 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2000
1
1992
1 (1f)

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
July 14, 1992 IA · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · POWERED HAULAGE
Welden Aggregates Inc · Caught in, under or between a moving and a stationary object

VICTIM WAS BETWEEN RAISED DUMP BOX AND TRUCK FRAME. HE DID NOT ENGAGE THE PROVIDED MECHANISM TO KEEP BOX FROM COMING DOWN. BY CAME DOWN AND CRUSHED VICTIM. VICTIM DIED FROM ACCIDENT INSTRANTNA IOUSLY.

For insurers, brokers, and safety consultants

Where Jerry Weldon 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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