Mining Incidents

Ray Merlo: 10 MSHA citations controller

MSHA controller ID: 0101805

Ray Merlo has no reportable incidents on file with MSHA. MSHA has proposed $10K in penalties since 2011, with $2K outstanding.

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Fatalities
0
Total incidents
0
Mines on record
0
Years on record
—
Compliance record
MSHA citations since 2011
10
citations
7
significant & substantial
$9,790
proposed penalties
$1,916
paid to date
20% of proposed penalties paid to date, a $7,874 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
6
inspections on record
121
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: 121 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.
$10K
proposed penalties
$4K
current assessed
$2K
paid to date
$2K
outstanding
10 assessments are final orders; 1 contested dockets.
Of $8K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2011-09-30.
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.
70.0%
significant & substantial
30.0%
high negligence or reckless
70.0%
reasonably likely or greater
40.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 70.0% moderate, 30.0% 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.

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: 2011-09-27, 15 years ago
100%
within 1.5 mg/m3
5
samples
0.83
dust max (mg/m3)
5 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR3
  • HIGHLIFT OPERATOR/FRONT END LOADER2

Silica (quartz)

Last sampled: 2011-10-03, 15 years ago
15.0
silica avg (%)
1
samples
15.0
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR1

Noise
ⓘ The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.

Last sampled: 2011-09-27, 15 years ago
20%
over PEL
5
samples
Most-sampled occupations
  • BULLDOZER OPERATOR3
  • HIGHLIFT OPERATOR/FRONT END LOADER2
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.
2 citations taken to the federal commission · 20% of citations on record
  • Settled 2 · 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 1 decided S&S contests · industry: 79%
80%
Penalty reduction in decided contests
$8K 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 2012-04-12. 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
KENT 2012-869 Settlement Rae 2013 $8K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

No reportable incidents on file.

MSHA has no recorded reportable accidents associated with this controller.

For insurers, brokers, and safety consultants

Where Ray Merlo 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.

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