Mining Incidents

Ronald W Guill: 3 recorded fatalities controller

MSHA controller ID: M09829

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Fatalities
3
Total incidents
217
Mines on record
16
Years on record
1992–2013
Compliance record
MSHA citations since 2000
526
citations
145
significant & substantial
$296,714
proposed penalties
$255,850
paid to date
86% of proposed penalties paid to date, a $40,864 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
177
inspections on record
4,988
inspection hours
10.5
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.
526 citations across 4,988 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.
$297K
proposed penalties
$256K
current assessed
$256K
paid to date
$0
outstanding
512 assessments are final orders; 4 contested dockets.
Of $161K in penalties contested before the Commission, $120K was upheld in final decisions.
As of the most recent assessment on 2013-07-10.
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.
28.0%
significant & substantial
6.4%
high negligence or reckless
28.0%
reasonably likely or greater
59.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.1% low, 85.5% moderate, 6.4% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2013
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.
19.45
total case rate
6.48
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 2.46 and the all-US-mining average was 2.99 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.
Year total case rate days-away fatal
2013 * 19.45 6.48 0.000
2012 * 7.45 0.00 0.000
2010 1.42 0.00 0.000
2009 6.71 2.24 0.000
2008 5.91 4.43 2.954
2007 * 17.19 5.73 2.865
2006 * 6.54 0.00 0.000
2005 * 9.42 0.00 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
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: 2013-07-15, 13 years ago
51%
of limit-tested samples over the exposure limit
73
samples
69
limit-tested
Most sampled contaminants
  • Total Carbon,calculated from elemental carbon.1511 over
  • Diesel particulate (total carbon)2010 over
  • Total Carbon,TC1510 over
  • Diesel Particulate Material139 over

Area samples (mill and shop air)

Last sampled: 2010-11-13, 15 years ago
2
samples
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.
5 citations taken to the federal commission · 1% of citations on record
  • Settled 5 · 100%
80%
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 5 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$161K proposed, $120K 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 2010-08-04. 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
WEST 2008-1401M Settlement Manning 2010 $90K → $68K
WEST 2009-478M Settlement Manning 2010 $70K → $52K
WEST 2010-1639M Settlement Lesnick 2011 $745 → $372
WEST 2009-798M Settlement Lesnick 2010 $460 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2013
3
2012
1
2011
2
2010
6
2009
6
2008
7 (2f)
2007
7 (1f)
2006
6
2005
1
2004
3
2003
2
2002
3
2001
5
2000
6
1999
17
1998
13
1997
23
1996
54
1995
36
1994
11
1993
4
1992
1

Operators under this controller

Mines on record

Fatalities under this controller

3 recorded
April 21, 2008 NV · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · FALL OF ROOF OR BACK
Small Mine Development, LLC · Struck by falling object

While repairing hydraulic hose on bolter backfill fell in striking employee.

January 26, 2008 NV · Metal/Non-Metal truck driver Fatality · POWERED HAULAGE
Small Mine Development, LLC · Caught in, under or between a moving and a stationary object

Employee was walking behind haul truck when truck backed over him.

August 28, 2007 NV · Metal/Non-Metal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) Fatality · FALL OF ROOF OR BACK
Small Mine Development, LLC · Struck by falling object

While bolting in the face the left rib failed back from the face and buried the operator.

For insurers, brokers, and safety consultants

Where Ronald W Guill 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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