Mining Incidents

Tony Cruse: 1 recorded fatality controller

MSHA controller ID: M10840

Watch this controller

Email me when a new MSHA incident is filed at any mine Tony Cruse controls.

Fatalities
1
Total incidents
2
Mines on record
1
Years on record
1995–2012
Compliance record
MSHA citations since 2000
152
citations
41
significant & substantial
$109,504
proposed penalties
$69,642
paid to date
64% of proposed penalties paid to date, a $39,862 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
46
inspections on record
1,100
inspection hours
13.8
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.
152 citations across 1,100 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.
$110K
proposed penalties
$70K
current assessed
$70K
paid to date
$0
outstanding
151 assessments are final orders; 10 contested dockets.
Of $92K in penalties contested before the Commission, $52K was upheld in final decisions.
As of the most recent assessment on 2021-04-07.
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.
27.2%
significant & substantial
9.9%
high negligence or reckless
27.2%
reasonably likely or greater
70.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.7% none, 9.3% low, 80.1% moderate, 9.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2003
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 3.76 and the all-US-mining average was 4.43 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
2003 * 0.00 0.00 0.000
2002 * 0.00 0.00 0.000
2001 * 0.00 0.00 0.000
2000 * 0.00 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: 2015-08-20, 11 years ago
25%
of limit-tested samples over the exposure limit
14
samples
12
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz93 over
  • Nuisance dust, respirable, <1% Qtz3
  • Respirable dust, <.1mg2
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.
21 citations taken to the federal commission · 14% of citations on record
  • Settled 21 · 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 14 decided S&S contests · industry: 79%
43%
Penalty reduction in decided contests
$92K proposed, $52K 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 2014-01-14. 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 2013-798M Settlement Miller 2013 $70K → $35K
WEST 2014-279M Settlement Moran 2015 $8K → $7K
WEST 2010-1770M Settlement Lesnick 2011 $6K → $4K
WEST 2011-26M Settlement Lesnick 2011 $4K → $3K
WEST 2013-602M Settlement Miller 2013 $2K → $1K
WEST 2010-1064M Settlement Manning 2011 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2012
1 (1f)
1995
1

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
September 26, 2012 CA · Metal/Non-Metal outside foreman, leadman Fatality · MACHINERY
Eagle Peak Rock and Paving · Caught in, under or between a moving and a stationary object

Miner was kneeling on left track of dozer attempting to adjust the throttle linkage when the dozer went to full throttle and began moving forward, sending the miner to the front of the dozer, resulting in him being run over and crushed by the machine.

For insurers, brokers, and safety consultants

Where Tony Cruse 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.

The federal record itself stays free on this site. What costs money, and why.

See a sample report
Need a different cut of the data? Ask us