Mining Incidents

Joel Oddee Smith; James Ron Smith: 1 recorded fatality controller

MSHA controller ID: M36851

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Email me when a new MSHA incident is filed at any mine Joel Oddee Smith; James Ron Smith controls.

Fatalities
1
Total incidents
15
Mines on record
2
Years on record
1985–2016
Compliance record
MSHA citations since 2000
142
citations
51
significant & substantial
$156,698
proposed penalties
$109,138
paid to date
70% of proposed penalties paid to date, a $47,560 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
64
inspections on record
1,009
inspection hours
14.1
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.
142 citations across 1,009 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.
$157K
proposed penalties
$109K
current assessed
$109K
paid to date
$0
outstanding
141 assessments are final orders; 5 contested dockets.
Of $132K in penalties contested before the Commission, $84K was upheld in final decisions.
As of the most recent assessment on 2021-06-16.
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.
36.2%
significant & substantial
5.7%
high negligence or reckless
37.6%
reasonably likely or greater
63.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.5% low, 85.8% moderate, 4.3% high, 1.4% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2020
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US metal and nonmetal mining average was 1.77 and the all-US-mining average was 2.08 cases per 100 workers.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year total case rate days-away fatal
2020 * 0.00 0.00 0.000
2016 * 8.01 0.00 0.000
2014 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 8.39 0.00 0.000
2006 * 0.00 0.00 0.000
2005 * 8.95 8.95 8.950
2004 * 24.54 16.36 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
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: 2021-02-09, 5 years ago
0%
of limit-tested samples over the exposure limit
17
samples
5
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg11
  • Quartz, respirable, >1% Qtz4
  • Nuisance dust, respirable, <1% Qtz1
  • Unlisted Particulate, respirable, <1% Qtz1
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.
10 citations taken to the federal commission · 7% of citations on record
  • Settled 10 · 100%
86%
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 7 decided S&S contests · industry: 79%
36%
Penalty reduction in decided contests
$132K proposed, $84K 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 2012-09-17. 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
SE 2006-171M Settlement Hodgdon 2006 $127K → $83K
SE 2006-31M Settlement Hodgdon 2006 $2K → $284
SE 2006-115M Settlement Hodgdon 2006 $1K → $180
SE 2006-159M Settlement Hodgdon 2006 $1K → $1K
SE 2012-662M Settlement Lesnick 2013 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2016
1
2007
1
2005
1 (1f)
2004
3
1997
1
1995
1
1994
1
1993
2
1989
2
1985
2

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
June 29, 2005 MS · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger Fatality · POWERED HAULAGE
Oddee Smith & Sons Inc · Struck by falling object

The employee was stripping at gravel pit. The employee had dumped his load of dirt and was returning to the load site. At this time he chose to travel over a pile of dirt. as he was traveling over the pile of dirt he got too close to the edge of the pile and the equipment overturned and landed on him.

For insurers, brokers, and safety consultants

Where Joel Oddee Smith; James Ron Smith 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.

The federal record itself stays free on this site. What costs money, and why.

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