Mining Incidents

NVZ, LLC; BKF Solutions, LLC: 30 MSHA citations controller

MSHA controller ID: 0098013

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Fatalities
0
Total incidents
1
Mines on record
1
Years on record
2011
Compliance record
MSHA citations since 2011
30
citations
15
significant & substantial
$5,626
proposed penalties
$5,332
paid to date
95% of proposed penalties paid to date, a $294 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
20
inspections on record
299
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: 299 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.
$6K
proposed penalties
$5K
current assessed
$5K
paid to date
$0
outstanding
28 assessments are final orders; 5 contested dockets.
Of $4K in penalties contested before the Commission, $4K was upheld in final decisions.
As of the most recent assessment on 2012-04-19.
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.
50.0%
significant & substantial
3.3%
high negligence or reckless
50.0%
reasonably likely or greater
43.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 40.0% low, 56.7% moderate, 3.3% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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.
18 citations taken to the federal commission · 60% of citations on record
  • Settled 16 · 89%
  • Stood as issued 2 · 11%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 9 decided S&S contests · industry: 79%
8%
Penalty reduction in decided contests
$4K proposed, $4K 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 2012-07-10. 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
VA 2012-490 Settlement Rae 2013 $2K → $2K
VA 2012-210 Settlement Rae 2013 $827 → $800
VA 2012-543 Settlement Andrews 2012 $590 → $523
VA 2011-694 Settlement Gill 2013 $200 → $200
VA 2011-695 Dismissal Gill 2015 $200 → $0
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2011
1

Operators under this controller

Mines on record

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Where NVZ, LLC; BKF Solutions, LLC 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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