90% of proposed penalties paid to date, a $50,198 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
320
inspections on record
26,714
inspection hours
8.7
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.
2,314 citations across 26,714 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.
$501K
proposed penalties
$451K
current assessed
$451K
paid to date
$0
outstanding
2,287 assessments are final orders; 24 contested dockets.
Of $129K in penalties contested before the Commission, $79K was upheld in final decisions.
As of the most recent assessment on 2008-09-25.
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.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2007
ⓘ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.
3.42
total case rate
1.55
days-away rate
0.000
fatality rate
About average. The US metal and nonmetal mining average was 3.30 and the all-US-mining average was 3.77 cases per 100 workers.
Year
total case rate
days-away
fatal
2007
3.42
1.55
0.000
2006
3.08
1.33
0.000
2005
2.93
1.27
0.017
2004
2.47
1.02
0.000
2003
2.24
0.34
0.000
2002
2.07
0.62
0.024
2001
1.23
0.29
0.018
2000
2.28
0.55
0.000
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: 2006-11-28, 19 years ago
9%
of limit-tested samples over the exposure limit
156
samples
136
limit-tested
Most sampled contaminants
Quartz, respirable, >1% Qtz465 over
Total Carbon,TC444 over
Total Carbon,calculated from elemental carbon.443 over
Diesel Particulate Material82 over
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.
17citations taken to the federal commission · 1% of citations on record
Settled
14 · 82%
Stood as issued
3 · 18%
58%
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 12 decided S&S contests · industry: 79%
39%
Penalty reduction in decided contests
$57K proposed, $35K 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 2007-08-14. 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.
THE EE WAS ATTEMPTING TO IDENTIFY LEAKS IN A PONTOON ON A PUMP BARGE. APPARENTLY HE CONNECTED A COMPRESSOR TO THE END PLATE OF THE PONTOON VIA A THREADED NIPPLE, A HOSE WITH A VALVE AND AN AIR PRESSURE GAUGE. THE END OF THE PONTOON RUPTURED AND APPEARS TO HAVE HIT THE EMPLOYEE IN THE HEAD. BECAUSE THERE WERE NO WITNESSES, THE EXACT PROCEDURE & POSITION OF EE'S BODY DURING THE
December 20, 2002AZ · Metal/Non-Metalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorFatality · OTHER
WHILE OPERATING A CHEVY PICKUP TRUCK, EE, A ROAD MACHINERY CO. EE, MOVED IN FRONT OF A PARKED 320 TON KOMATSU HAUL TRUCK. THE HAUL TRUCK, OPERATED BY A PHELPS DODGE EE PROCEEDED FORWARD, THE P ICKUP TRUCK WAS DESTROYED AND EE WAS FATALLY INJURED. EE WAS TRAINED HOW TO PROPERLY APPROACH A HAUL TRUCK AND WHERE BLIND SPOTS EXISTED IN AN OPERATOR'S FIELD OF VISION.
August 9, 1998AZ · Metal/Non-Metalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · OTHER
HE WAS DRIVING THE #28 HYDRAULIC CRANE IN LOW GEAR DOWN A MINE ROAD WITH THE BOOM IN AN ELEVATED POSITION CREATING A HIGHER CENTER OF GRAVITY, WHEN THE CRANE STARTED TO TIP. HE EXITED THE CAB AND THE CRANE LAID OVER ON TOP OF HIM.
A "AA" TRUCK DRIVER, AFTER INITIALLY STRIKING A WELL ESTABLISHED BERM WHILE BACKING, THEN PULLED FORWARD APPROX. 25'. UPON HIS SECOND ATTEMPT IN BACKING, AT A SPEED GREATER THAN NORMAL, HE WEN T THROUGH SAID BERM, DOWN THE DUMP, RESUTLING IN FATAL INJURY.
May 22, 1991AZ · Metal/Non-Metalelectrician, linemanFatality · ELECTRICAL
UNLOADING PIPE FROM TRUCK. TRYING TO LEVERAGE LENGTH OF PIPE OFF THE TRAILER ONTO THE FORKLIFT. ALMOST HAD PIPE ON FORKLIFT WHEN IT BEGAN TO ROLL BACK TO DECEASED.
October 6, 1988AZ · Metal/Non-Metallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanFatality · SLIP OR FALL OF PERSON
EMPLOYEE WAS RETURNING TO WORK STATION JUST AFTER LUNCH CLIMBING STRUCTURAL STEEL TO GET THERE WHEN HIS FEET SLIPPED CAUSING HIM TO LOOSEN HIS GRIP AND FELL
I NAME WAS RETURNING TO THE PIT FROM THE 419 WASTE DUMP WITH APPRO A 1/2 TO 2/3S LOAD OF MUCK IN THE BED OF HIS TRUCK. IT IS NOT KNOWN WHETHER HE KNEW THAT HE HAD A PARTIAL LOAD OR NOT. HE DRO I NAME WAS RETURNING TO THE PIT FROM THE 419 WASTE DUMP WITH APPROX. 1/2 TO 2/3S LOAD OF MUCK INDROVE DOWN THE 419 ROAD WHICH IS A DOWNGRADE WHEN HE REPORTED TO THE DISPATCH TOWER THAT HE HAD
WHILE EMPLOYEE 4AS BACKING INTO A DUMP SITE HIS TRUCK OVERTURNED ON A 50' BENCH WITH HIM INSIDE
January 3, 1987AZ · Metal/Non-Metalmotorman, motor person, swamper, switchman, locomotive operatorFatality · POWERED HAULAGE
Phelps Dodge Corp · Caught in, under or between a moving and a stationary object
I.NAME WAS IN T2E PROCESS OF UNLOADING HIS BOTTOM DUMP RAIL CARS AT THE METCALF HOPPER WHEN FOR UNKNOWN REASONS, ONE OF THE CARS TURNED OVER ON ITS SIDE AND I.NAME WAS FOUND LAYING UNDERNEATH IT 3
November 25, 1985NM · Metal/Non-Metalcrane operator, mobile equipment operator (meo), dragline operator, dropball operator, riggerFatality · FALLING/SLIDING/ROLLING MATERIALS
MOVING DRISCO P3PE TO PLACE IT ON PIPE FUSING MACHINE.HE BENT OVER TO PUT CHOKER ON PIPE AND ANOTHER BUNDLE OF PIPE FELL ON HIM PINNING VICTIM BETWEEN PIPES AND BUNDLE.VICTIM WAS IN HOSPITAL F ROM DATE OF ACC3DENT UNTIL DATE OF DEATH 12-19-85 AND NEVER REGAINED CONCIOUSNESS.
December 5, 1984AZ · Metal/Non-Metalelectrician, linemanFatality · POWERED HAULAGE
EMPLOYEE WAS OPERATING THE 52 LOCOMOTIVE AND HAD LEFT THE 23 SHOVEL LOCATED AT 4600 AMERICAN MOUNTA. THE TRAIN WAS LOADED WITH WASTE AND EVENTUALLY WORKED HIS WAY TO THE 4500 DISPATCH HILL WHI CH IS THE MAIN LINE. WHILE ON THIS TRCK THE CABOOSE DERAILED AND TRAVELED APPROX. 9 CAR LENGTHS. THE EMPLOYEE EITHER ATTEMPTED TO JUMP, OR WAS THROWN OFF THE CABOOSE. THE EMPLOYEE WAS FOUND B
For insurers, brokers, and safety consultants
Where Phelps Dodge Corp 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.