Terry W Smith; Rebecca J Smith: 176 MSHA citations controller
MSHA controller ID: M02143
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Email me when a new MSHA incident is filed at any mine Terry W Smith; Rebecca J Smith controls.
- Fatalities
- 0
- Total incidents
- 36
- Mines on record
- 3
- Years on record
- 1986–2012
Compliance record
MSHA citations since 2000
176
citations
52
significant & substantial
$44,351
proposed penalties
$39,241
paid to date
88% of proposed penalties paid to date, a $5,110 gap.
Source: MSHA violations data, updated weekly.
Labor enforcement (WHD)
US Labor Department wage findings since 2009
1
labor cases
1
employees affected
Violation types
Child labor (1)
Source: US DOL Wage and Hour Division enforcement records, matched by employer name and state.
Inspection activity
MSHA inspections since 2000
62
inspections on record
1,000
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: 1,000 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.$44K
proposed penalties
$39K
current assessed
$39K
paid to date
$0
outstanding
174 assessments are final orders; 1 contested dockets.
Of $8K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2012-02-15.
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.29.9%
significant & substantial
4.6%
high negligence or reckless
30.5%
reasonably likely or greater
45.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.7% low, 78.7% moderate, 4.6% 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.
2
citations taken to the federal commission · 1% of citations on record
- Settled 1 · 50%
- Stood as issued 1 · 50%
50%
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 2 decided S&S contests · industry: 79%
66%
Penalty reduction in decided contests
$8K proposed, $3K 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 2010-11-19. 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 |
|---|---|---|---|---|
| LAKE 2011-162M | Dismissal | Miller | 2011 | $8K → $3K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Top causes
- HANDLING OF MATERIALS 13 non-fatal
- HANDTOOLS (NONPOWERED) 10 non-fatal
- SLIP OR FALL OF PERSON 7 non-fatal
- MACHINERY 2 non-fatal
- ELECTRICAL 1 non-fatal
- OTHER 1 non-fatal
Incident timeline
2012
1
2009
2
2008
2
2007
3
2004
2
2003
3
2002
1
2000
2
1999
1
1998
3
1997
3
1996
1
1995
2
1994
4
1993
1
1991
1
1990
1
1989
1
1988
1
1986
1
Operators under this controller
Mines on record
For insurers, brokers, and safety consultants
Where Terry W Smith; Rebecca J Smith 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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