Mining Incidents

John P Brdaric Jr: 53 MSHA citations controller

MSHA controller ID: 0042955

John P Brdaric Jr has no reportable incidents on file with MSHA. MSHA has proposed $20K in penalties since 2004.

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Fatalities
0
Total incidents
0
Mines on record
0
Years on record
—
Compliance record
MSHA citations since 2004
53
citations
17
significant & substantial
$19,973
proposed penalties
$12,424
paid to date
62% of proposed penalties paid to date, a $7,549 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
20
inspections on record
323
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: 323 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.
$20K
proposed penalties
$12K
current assessed
$12K
paid to date
$0
outstanding
53 assessments are final orders; 7 contested dockets.
Of $16K in penalties contested before the Commission, $8K was upheld in final decisions.
As of the most recent assessment on 2014-04-16.
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.
32.1%
significant & substantial
24.5%
high negligence or reckless
34.0%
reasonably likely or greater
30.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.1% low, 60.4% moderate, 24.5% 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: 2010-10-28, 15 years ago
0%
of limit-tested samples over the exposure limit
8
samples
3
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg5
  • Quartz, respirable, >1% Qtz3
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.
23 citations taken to the federal commission · 43% of citations on record
  • Settled 16 · 70%
  • Stood as issued 7 · 30%
91%
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 11 decided S&S contests · industry: 79%
47%
Penalty reduction in decided contests
$16K proposed, $8K 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 2012-11-08. 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
PENN 2012-314M Settlement Lewis 2014 $10K → $4K
PENN 2012-290M Settlement Lewis 2014 $2K → $142
PENN 2012-313M Prevail Lewis 2016 $2K → $2K
PENN 2013-55M Prevail Lewis 2016 $875 → $875
PENN 2012-291M Dismissal Steele 2014 $827 → $800
PENN 2013-54M Prevail Lewis 2016 $112 → $112
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

No reportable incidents on file.

MSHA has no recorded reportable accidents associated with this controller.

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Where John P Brdaric Jr 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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