Mining Incidents

Trinity Industries Inc: 4 recorded fatalities controller

MSHA controller ID: M09571

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Fatalities
4
Total incidents
390
Mines on record
43
Years on record
1991–2018
Compliance record
MSHA citations since 2000
682
citations
129
significant & substantial
$107,785
proposed penalties
$107,538
paid to date
100% of proposed penalties paid to date, a $247 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
659
inspections on record
10,800
inspection hours
6.3
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.
682 citations across 10,800 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.
$108K
proposed penalties
$108K
current assessed
$108K
paid to date
$0
outstanding
668 assessments are final orders; 4 contested dockets.
Of $2K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2018-10-18.
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.
19.1%
significant & substantial
3.2%
high negligence or reckless
18.9%
reasonably likely or greater
36.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 23.0% low, 73.7% moderate, 3.2% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2018
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.
4.58
total case rate
1.25
days-away rate
0.417
fatality rate
Above average. The US metal and nonmetal mining average was 1.95 and the all-US-mining average was 2.33 cases per 100 workers.
Year total case rate days-away fatal
2018 4.58 1.25 0.417
2017 5.42 0.64 0.319
2016 4.71 0.00 0.000
2015 3.31 0.73 0.000
2014 4.44 0.89 0.000
2013 4.60 0.42 0.000
2012 4.23 0.00 0.000
2011 4.22 0.00 0.000
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: 2018-10-18, 7 years ago
2%
of limit-tested samples over the exposure limit
259
samples
57
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz381 over
  • Respirable dust, <.1mg165
  • Unlisted Particulate, respirable, <1% Qtz29
  • Nuisance dust, respirable, <1% Qtz9
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.
9 citations taken to the federal commission · 1% of citations on record
  • Settled 7 · 78%
  • Stood as issued 2 · 22%
44%
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 9 decided S&S contests · industry: 79%
15%
Penalty reduction in decided contests
$2K proposed, $1K 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 2018-02-12. 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 2018-0221 Default Lesnick 2018 $519 → $519
CENT 2011-365M Settlement Lesnick 2011 $500 → $500
WEST 2018-0219 Settlement Lesnick 2018 $492 → $245
KENT 2018-0141 Settlement Lesnick 2018 $118 → $118
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2018
11 (1f)
2017
17 (1f)
2016
16
2015
10
2014
10
2013
11
2012
8
2011
6
2010
4
2009
5
2008
7
2007
5
2006
11
2005
9
2004
9
2003
2
2002
9
2001
14
2000
12
1999
22 (2f)
1998
21
1997
13
1996
23
1995
29
1994
46
1993
33
1992
25
1991
2

Operators under this controller

Mines on record

Fatalities under this controller

4 recorded
April 12, 2018 TX · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · POWERED HAULAGE
Arcosa Aggregates, Inc. · Caught in, under or between a moving and a stationary object

A customer driver was fatally injured when the driver's over the road truck ran over the driver when driver fell out of the truck at the check in station.

March 14, 2017 TX · Metal/Non-Metal utility man, shift tech, service/dump truck operator Fatality · FALLING/SLIDING/ROLLING MATERIALS
Arcosa Aggregates, Inc. · Caught in, under or between collapsing material or buildings

The decedent, an o/operator, was located behind the truck, behind the raised dump trailer when a load of sand dumped from the trailer. The decedent was buried in the sand. Mgmt became aware of the missing driver at approx. 10:45 am and promptly began a search. EEs began digging in the pile of sand behind the decedent's truck and the decedent was discovered at approx 11:43 am.

February 17, 1999 TX · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · EXPLODING VESSELS UNDER PRESSURE
Arcosa Aggregates, Inc. · Struck by flying object

EE WAS REMOVING LEFT REAR WHEEL ASSEMBLY TO REPAIR BRAKE. EE WAS APPLYING HEAT TO HUB AND AT THE SAME TIME ACCIDENTALLY APPLIED HEAT T6O THE RIM. THE TIRE EXPLODED WHICH CAUSED THE HYDRAULIC J ACK TO BECOME DISLODGE, WHICH STRUCK EE ON THE LEFT SID E OF BODY AFFECTING LEFT ARM AND RIBS. EE WAS ALSO KNOCKED INTO THE WHEEL FRAME CAUSING FACIAL LACERATIONS AND A BROKEN JAW.

January 26, 1999 TX · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger Fatality · POWERED HAULAGE
Trinity Materials Inc · Over-exertion (Not Elsewhere Classified)

IN JANUARY 1999 THE EMPLOYEE COMPLAINED OF NECK PAIN AFTER HE HAD BEEN OPERATING A HAUL TRUCK. HE WAS UNDER A PHYSICIAN'S CARE AND CONTINUED WORKING LIGHT DUTY. ON SEPTEMBER 22, 1999, HE UNDER WENT SURGERY TO CORRECT THE PROBLEM WITH HIS NECK. HE WAS ADMITTED TO INTENSIVE CARE A COUPLE OF DAYS LATER. HE DIED ON 10/1/99. ON 7/25/00, THE COMMITTEE DETERMINED THIS FATALITY TO BE CHARG

For insurers, brokers, and safety consultants

Where Trinity Industries Inc 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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