Mining Incidents

Patrick A Fagen: 113 MSHA citations controller

MSHA controller ID: 0044431

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Fatalities
0
Total incidents
1
Mines on record
1
Years on record
2005
Compliance record
MSHA citations since 2004
113
citations
29
significant & substantial
$10,324
proposed penalties
$6,325
paid to date
61% of proposed penalties paid to date, a $3,999 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
8
inspections on record
1,014
inspection hours
11.1
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.
113 citations across 1,014 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.
$10K
proposed penalties
$6K
current assessed
$6K
paid to date
$0
outstanding
105 assessments are final orders; 13 contested dockets.
Of $10K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2006-02-28.
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.
27.4%
significant & substantial
6.6%
high negligence or reckless
27.4%
reasonably likely or greater
66.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.5% low, 85.8% moderate, 6.6% 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: 2004-09-22, 21 years ago
0%
of limit-tested samples over the exposure limit
7
samples
4
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz4
  • Respirable dust, <.1mg3
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.
105 citations taken to the federal commission · 93% of citations on record
  • Settled 105 · 100%
94%
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 31 decided S&S contests · industry: 79%
39%
Penalty reduction in decided contests
$10K proposed, $6K 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 2006-08-25. 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
WEST 2005-201M Settlement Hodgdon 2005 $3K → $1K
WEST 2005-289M Settlement Hodgdon 2005 $2K → $1K
WEST 2005-202M Settlement Hodgdon 2005 $1K → $845
WEST 2005-203M Settlement Hodgdon 2005 $1K → $912
WEST 2005-200M Settlement Hodgdon 2005 $1K → $864
WEST 2005-436M Settlement Hodgdon 2005 $552 → $396
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2005
1

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where Patrick A Fagen 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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