Midwest Auger Co. · Caught in, under or between a moving and a stationary object
DRIVING A TRUCK LOAD OF COAL OUT A RAMP. THE DRIVER LOST CONTROL OF THE TRUCK AND THE TRUCK WENT BACKWARDS AND ROLLED ONTO THE DRIVER'S SIDE.
Michael T McCullough: 1 recorded fatality controller
MSHA controller ID: 0040656
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Compliance record
MSHA citations since 2002
9
citations
7
significant & substantial
$94,254
proposed penalties
$53,754
paid to date
57% of proposed penalties paid to date, a $40,500 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
5
inspections on record
773
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: 773 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.$94K
proposed penalties
$54K
current assessed
$54K
paid to date
$0
outstanding
7 assessments are final orders; 1 contested dockets.
Of $93K in penalties contested before the Commission, $52K was upheld in final decisions.
As of the most recent assessment on 2003-08-22.
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.87.5%
significant & substantial
42.9%
high negligence or reckless
85.7%
reasonably likely or greater
85.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 57.1% moderate, 0.0% high, 42.9% 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.Respirable coal dust
ⓘ
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.
Last sampled: 2003-03-24, 23 years ago
ⓘ
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.100%
within 1.5 mg/m3
6
samples
0.86
dust max (mg/m3)
6 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
- AUGER HELPER4
- AUGER OPERATOR2
Source: MSHA respirable dust, quartz, and noise sampling records, 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.
3
citations taken to the federal commission · 33% of citations on record
- Settled 3 · 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 3 decided S&S contests · industry: 79%
44%
Penalty reduction in decided contests
$93K proposed, $52K 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 2004-08-19. 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 |
|---|---|---|---|---|
| LAKE 2004-138 | Settlement | Hodgdon | 2007 | $93K → $52K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Top causes
- POWERED HAULAGE 1 fatality
Incident timeline
2003
1 (1f)
Operators under this controller
Mines on record
Fatalities under this controller
1 recordedFor insurers, brokers, and safety consultants
Where Michael T McCullough 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.