Mining Incidents

Robert W Miller; Dean Miller: 1 recorded fatality controller

MSHA controller ID: C05094

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Email me when a new MSHA incident is filed at any mine Robert W Miller; Dean Miller controls.

Fatalities
1
Total incidents
103
Mines on record
16
Years on record
1983–2005
Compliance record
MSHA citations since 2000
346
citations
213
significant & substantial
$64,316
proposed penalties
$57,990
paid to date
90% of proposed penalties paid to date, a $6,326 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
276
inspections on record
5,623
inspection hours
6.2
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.
346 citations across 5,623 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.
$64K
proposed penalties
$58K
current assessed
$58K
paid to date
$0
outstanding
345 assessments are final orders; 17 contested dockets.
Of $32K in penalties contested before the Commission, $26K was upheld in final decisions.
As of the most recent assessment on 2005-07-26.
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.
61.7%
significant & substantial
0.3%
high negligence or reckless
61.7%
reasonably likely or greater
23.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.6% none, 12.5% low, 86.7% moderate, 0.3% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2005
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.
4.26
total case rate
4.26
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 5.11 and the all-US-mining average was 4.21 cases per 100 workers.
Year total case rate days-away fatal
2005 4.26 4.26 0.000
2004 3.21 3.21 0.000
2003 1.47 1.47 0.000
2002 1.16 1.16 0.000
2001 1.41 0.71 0.000
2000 1.76 1.76 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.

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: 2005-07-05, 21 years ago
99%
within 1.5 mg/m3
655
samples
3.67
dust max (mg/m3)
545 samples taken by MSHA inspectors, 110 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR164
  • BULLDOZER OPERATOR159
  • HIGHLIFT OPERATOR/FRONT END LOADER157

Silica (quartz)

Last sampled: 2005-01-19, 21 years ago
15.1
silica avg (%)
33
samples
68.4
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR14
  • HIGHWALL DRILL OPERATOR14
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE2

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: 2005-06-23, 21 years ago
6%
over PEL
317
samples
Most-sampled occupations
  • BULLDOZER OPERATOR83
  • HIGHLIFT OPERATOR/FRONT END LOADER78
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE76
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.
33 citations taken to the federal commission · 10% of citations on record
  • Settled 33 · 100%
97%
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 32 decided S&S contests · industry: 79%
18%
Penalty reduction in decided contests
$16K proposed, $13K 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 2005-06-06. 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 2005-241 Settlement Melick 2005 $10K → $8K
KENT 2003-366 Settlement Schroeder 2003 $9K → $7K
KENT 2004-291 Settlement Lesnick 2004 $2K → $1K
KENT 2005-185 Settlement Melick 2005 $1K → $1K
KENT 2005-292 Settlement Bulluck 2006 $1K → $1K
KENT 2005-41 Settlement Zielinski 2005 $1K → $983
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2005
7
2004
10
2003
6
2002
6
2001
4
2000
5
1999
3
1998
6
1997
2
1996
4
1995
6
1994
6
1993
5
1992
4
1991
4
1990
5
1989
8 (1f)
1988
4
1987
2
1986
1
1985
3
1983
2

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
July 10, 1989 KY · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman Fatality · MACHINERY
Miller Brothers Construction Inc · Struck by falling object

EMPLOYEE WAS CUTTING DOWN TREE WHEN HIS SAW BECAME HUNG-UP. ANOTHER EMPLOYEE, WITH SAW BEGAN TO CUT TREE TO REMOVE SAW WHEN TREE FELL ONTO EMPLOYEE.

For insurers, brokers, and safety consultants

Where Robert W Miller; Dean Miller 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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