Mining Incidents

List & Clark Construction Company: 1 recorded fatality controller

MSHA controller ID: M00800

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Fatalities
1
Total incidents
388
Mines on record
15
Years on record
1983–2008
Compliance record
MSHA citations since 2000
268
citations
49
significant & substantial
$37,164
proposed penalties
$36,197
paid to date
97% of proposed penalties paid to date, a $967 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
243
inspections on record
2,834
inspection hours
9.5
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.
268 citations across 2,834 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.
$37K
proposed penalties
$36K
current assessed
$36K
paid to date
$0
outstanding
267 assessments are final orders; 4 contested dockets.
Of $3K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2008-07-30.
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.
18.3%
significant & substantial
3.0%
high negligence or reckless
19.8%
reasonably likely or greater
64.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 18.7% low, 78.4% moderate, 3.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2008
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.
14.02
total case rate
5.61
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 3.15 and the all-US-mining average was 3.61 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
2008 * 14.02 5.61 0.000
2007 9.07 3.02 0.000
2006 10.92 1.56 0.000
2005 14.13 2.98 0.000
2004 15.12 6.81 0.000
2003 14.20 4.48 0.000
2002 17.54 5.12 0.000
2001 17.78 4.79 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: 2007-06-20, 19 years ago
0%
of limit-tested samples over the exposure limit
83
samples
58
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg22
  • Quartz, respirable, >1% Qtz15
  • Aluminum oxide fumes7
  • Arsenic fumes7
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.
13 citations taken to the federal commission · 5% of citations on record
  • Settled 13 · 100%
20%
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 5 decided S&S contests · industry: 79%
31%
Penalty reduction in decided contests
$3K proposed, $2K 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 2008-09-19. 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 2008-782M Settlement Miller 2009 $1K → $454
CENT 2005-141M Settlement Hodgdon 2005 $1K → $800
CENT 2008-783M Settlement Miller 2010 $700 → $700
CENT 2006-196M Settlement Bulluck 2007 $195 → $195
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2008
5
2007
11
2006
16
2005
20
2004
23
2003
20
2002
24
2001
26
2000
32
1999
17
1998
22
1997
17
1996
14
1995
23
1994
10
1993
6
1992
6
1991
6
1990
7
1989
20
1988
14
1987
18
1986
7 (1f)
1985
17
1984
3
1983
4

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
August 12, 1986 MO · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand Fatality · ELECTRICAL
Holliday Sand & Gravel Company Inc · Contact with electrical current

WAS ATTEMPTING 7O SPLICE WIRE WITH WRONG BOX LOCKED OUT WHICH LEFT WIRE ENERGIZED

For insurers, brokers, and safety consultants

Where List & Clark Construction Company 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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