Wesley J Kincheloe: 199 MSHA citations controller
MSHA controller ID: M01610
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- Fatalities
- 0
- Total incidents
- 5
- Mines on record
- 2
- Years on record
- 1987–2024
Compliance record
MSHA citations since 2000
199
citations
46
significant & substantial
$45,689
proposed penalties
$40,431
paid to date
88% of proposed penalties paid to date, a $5,258 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
77
inspections on record
1,144
inspection hours
17.4
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.199 citations across 1,144 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.$46K
proposed penalties
$40K
current assessed
$40K
paid to date
$0
outstanding
191 assessments are final orders; 9 contested dockets.
Of $19K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2025-04-02.
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.23.6%
significant & substantial
10.3%
high negligence or reckless
23.6%
reasonably likely or greater
61.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.3% low, 76.4% moderate, 10.3% high, 0.0% 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.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: 2025-01-14
ⓘ
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.0%
of limit-tested samples over the exposure limit
20
samples
10
limit-tested
Most sampled contaminants
- Respirable dust, <.1mg10
- Quartz, respirable, >1% Qtz9
- Nuisance dust, respirable, <1% Qtz1
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.
30
citations taken to the federal commission · 15% of citations on record
- Settled 30 · 100%
75%
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 8 decided S&S contests · industry: 79%
28%
Penalty reduction in decided contests
$19K proposed, $13K 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 2019-04-03. 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 2019-0256 | Settlement | Miller | 2019 | $13K → $9K |
| WEST 2008-178M | Settlement | Lesnick | 2008 | $2K → $2K |
| WEST 2009-675M | Settlement | 2010 | $1K → $1K | |
| WEST 2013-118M | Settlement | Harner | 2013 | $663 → $500 |
| WEST 2007-64M | Settlement | Barbour | 2007 | $536 → $60 |
| WEST 2013-883M | Settlement | Rae | 2014 | $363 → $200 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Top causes
- HANDLING OF MATERIALS 2 non-fatal
- MACHINERY 2 non-fatal
- HANDTOOLS (NONPOWERED) 1 non-fatal
Incident timeline
2024
1
2017
1
2016
1
1998
1
1987
1
Operators under this controller
Mines on record
For insurers, brokers, and safety consultants
Where Wesley J Kincheloe 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.