Mining Incidents

Steven Marusich: 45 MSHA citations controller

MSHA controller ID: M09451

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Fatalities
0
Total incidents
2
Mines on record
1
Years on record
2011–2012
Compliance record
MSHA citations since 2010
45
citations
19
significant & substantial
$248,570
proposed penalties
$32,320
paid to date
13% of proposed penalties paid to date, a $216,250 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
26
inspections on record
1,157
inspection hours
3.9
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.
45 citations across 1,157 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: 2011-05-06.
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.
$249K
proposed penalties
$32K
current assessed
$32K
paid to date
$0
outstanding
43 assessments are final orders; 12 contested dockets.
Of $246K in penalties contested before the Commission, $30K was upheld in final decisions.
As of the most recent assessment on 2012-09-27.
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.
44.2%
significant & substantial
16.3%
high negligence or reckless
44.2%
reasonably likely or greater
44.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.6% low, 72.1% moderate, 11.6% high, 4.7% 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: 2012-06-07, 14 years ago
100%
within 1.5 mg/m3
11
samples
0.28
dust max (mg/m3)
11 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR3
  • UTILITY MAN3
  • SCRAPPER OPERATOR2

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: 2012-06-07, 14 years ago
9%
over PEL
11
samples
Most-sampled occupations
  • UTILITY MAN4
  • BULLDOZER OPERATOR2
  • SCRAPPER OPERATOR2
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.
20 citations taken to the federal commission · 44% of citations on record
  • Settled 18 · 90%
  • Stood as issued 2 · 10%
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 11 decided S&S contests · industry: 79%
88%
Penalty reduction in decided contests
$246K proposed, $30K 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 2012-04-30. 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 2012-564 Settlement Miller 2013 $224K → $18K
CENT 2011-286 Settlement Gill 2012 $6K → $2K
CENT 2012-487 Settlement Miller 2012 $5K → $4K
CENT 2012-327 Settlement Simonton 2013 $4K → $1K
CENT 2011-157 Settlement Gill 2012 $2K → $1K
CENT 2011-674 Settlement Gill 2012 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2012
1
2011
1

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where Steven Marusich 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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