Mining Incidents

Terry Howard; Robert Infantino: 7 MSHA citations controller

MSHA controller ID: 0085313

Terry Howard; Robert Infantino has no reportable incidents on file with MSHA. MSHA has proposed $19K in penalties since 2010.

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Fatalities
0
Total incidents
0
Mines on record
0
Years on record
—
Compliance record
MSHA citations since 2010
7
citations
6
significant & substantial
$18,600
proposed penalties
$14,200
paid to date
76% of proposed penalties paid to date, a $4,400 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
3
inspections on record
114
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: 114 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.
$19K
proposed penalties
$14K
current assessed
$14K
paid to date
$0
outstanding
7 assessments are final orders; 3 contested dockets.
Of $16K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2010-10-27.
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.
85.7%
significant & substantial
85.7%
high negligence or reckless
85.7%
reasonably likely or greater
71.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 14.3% moderate, 85.7% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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.
6 citations taken to the federal commission · 86% of citations on record
  • Settled 6 · 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 5 decided S&S contests · industry: 79%
27%
Penalty reduction in decided contests
$16K proposed, $12K 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 2011-07-01. 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 2011-1195M Settlement Andrews 2012 $14K → $12K
WEST 2011-586M Settlement Andrews 2012 $2K → $362
WEST 2011-587M Settlement Andrews 2012 $100 → $100
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.

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Where Terry Howard; Robert Infantino 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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