Mining Incidents

Robert H Stewart III: 1 recorded fatality controller

MSHA controller ID: M00824

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Email me when a new MSHA incident is filed at any mine Robert H Stewart III controls.

Fatalities
1
Total incidents
215
Mines on record
7
Years on record
1983–2022
Compliance record
MSHA citations since 2000
514
citations
86
significant & substantial
$84,232
proposed penalties
$77,474
paid to date
92% of proposed penalties paid to date, a $6,758 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
309
inspections on record
5,951
inspection hours
8.6
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.
514 citations across 5,951 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2011-04-12.
On record since 2011.
Source: MSHA imminent-danger order records, 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.
$84K
proposed penalties
$77K
current assessed
$77K
paid to date
$0
outstanding
512 assessments are final orders; 8 contested dockets.
Of $13K in penalties contested before the Commission, $7K was upheld in final decisions.
As of the most recent assessment on 2023-04-11.
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.
16.8%
significant & substantial
8.0%
high negligence or reckless
17.2%
reasonably likely or greater
49.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 18.8% low, 73.0% moderate, 8.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2022
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.
0.98
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US metal and nonmetal mining average was 1.78 and the all-US-mining average was 2.12 cases per 100 workers.
Year total case rate days-away fatal
2022 0.98 0.00 0.000
2021 3.29 0.00 0.000
2020 3.50 0.87 0.000
2019 3.37 1.69 0.000
2018 0.90 0.00 0.000
2017 3.48 1.74 0.000
2016 0.84 0.84 0.000
2015 1.82 0.91 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: 2022-07-20, 4 years ago
1%
of limit-tested samples over the exposure limit
152
samples
80
limit-tested
Most sampled contaminants
  • Nuisance dust, total, <1% Qtz231 over
  • Respirable dust, <.1mg54
  • Quartz, respirable, >1% Qtz36
  • Nuisance dust, respirable, <1% Qtz22
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.
14 citations taken to the federal commission · 3% of citations on record
  • Settled 13 · 93%
  • Stood as issued 1 · 7%
63%
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 8 decided S&S contests · industry: 79%
51%
Penalty reduction in decided contests
$13K 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 2011-08-31. 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
PENN 2011-384M Settlement Lewis 2011 $5K → $848
PENN 2011-235M Settlement Lewis 2011 $3K → $1K
YORK 2005-10M Settlement Weisberger 2005 $3K → $2K
YORK 2011-281M Settlement Moran 2012 $2K → $702
YORK 2005-18M Dismissal Weisberger 2005 $1K → $1K
PENN 2004-101-N Settlement Barbour 2004 $285 → $192
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2022
1
2021
4
2020
4
2019
6
2018
1
2017
5
2016
3
2015
3
2014
2
2013
2
2012
4
2011
4
2010
4
2009
3
2008
4
2007
2
2006
4
2005
1
2004
2
2003
2
2002
10
2001
1
1999
1
1997
1
1996
3
1995
5 (1f)
1994
5
1993
7
1992
9
1991
9
1990
11
1989
14
1988
14
1987
12
1986
15
1985
11
1984
12
1983
14

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
October 4, 1995 MD · Metal/Non-Metal welder (shop) Fatality · MACHINERY
York Building Products Co Inc · Fall from machine

TEFLON INSERT BROKE OUT OF CONCRETE COUNTERWEIGHT WHILE EE WAS INSTALLING IT. COUNTERWEIGHT BROKE FREE FROM CRANE, THROWING EE TO THE GROUND. EE WAS KILLED INSTANTLY.

For insurers, brokers, and safety consultants

Where Robert H Stewart III 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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