Mining Incidents

Rogelio Soliz Jr: 135 MSHA citations controller

MSHA controller ID: 0040716

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Fatalities
0
Total incidents
0
Mines on record
0
Years on record
Compliance record
MSHA citations since 2002
135
citations
47
significant & substantial
$95,817
proposed penalties
$14,590
paid to date
15% of proposed penalties paid to date, a $81,227 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
53
inspections on record
569
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: 569 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.
$96K
proposed penalties
$88K
current assessed
$15K
paid to date
$73K
outstanding
127 assessments are final orders; 1 contested dockets.
Of $27K in penalties contested before the Commission, $19K was upheld in final decisions.
As of the most recent assessment on 2013-12-03.
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.
37.0%
significant & substantial
48.8%
high negligence or reckless
37.0%
reasonably likely or greater
55.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.8% low, 50.4% moderate, 48.8% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2002
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 4.17 and the all-US-mining average was 5.05 cases per 100 workers.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
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: 2015-04-15, 11 years ago
17%
of limit-tested samples over the exposure limit
10
samples
6
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz61 over
  • Respirable dust, <.1mg4
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.
20 citations taken to the federal commission · 15% of citations on record
  • Settled 20 · 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 9 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$27K proposed, $19K 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 2009-05-26. 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
CENT 2009-461M Settlement Lesnick 2009 $27K → $19K
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 Rogelio Soliz Jr 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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