Mining Incidents

117 DP: 44 MSHA citations Metal/Non-Metal

Portable, Weld County, CO  ·  Abandoned
MSHA Mine ID: 0501840

117 DP has $9K in proposed MSHA penalties and $0 outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2001
Latest incident
Aug 2001
Compliance record
MSHA citations since 2000
44
citations
12
significant & substantial
$9,375
proposed penalties
$8,066
paid to date
86% of proposed penalties paid to date, a $1,309 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
30
inspections on record
309
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: 309 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

117 DP has $9K in proposed MSHA penalties and $0 outstanding across 6 contested dockets.

Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$9K
proposed penalties
$8K
current assessed
$8K
paid to date
$0
outstanding
44 assessments are final orders; 6 contested dockets.
Of $6K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2019-05-22.
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.
27.3%
significant & substantial
9.1%
high negligence or reckless
29.5%
reasonably likely or greater
54.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.8% low, 84.1% moderate, 9.1% 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.
9 citations taken to the federal commission · 20% of citations on record
  • Settled 6 · 67%
  • Stood as issued 3 · 33%
67%
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 3 decided S&S contests · industry: 79%
22%
Penalty reduction in decided contests
$6K proposed, $5K 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 2019-08-06.
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 mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
WEST 2015-0115 Settlement Lesnick 2015 $2K → $2K
WEST 2009-1250M Settlement 2010 $2K → $2K
WEST 2019-0484 Settlement Simonton 2019 $1K → $693
WEST 2011-1208M Dismissal Lesnick 2012 $200 → $200
WEST 2009-1251M Default Lesnick 2011 $100 → $100
WEST 2014-0722 Settlement Lesnick 2015 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), 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: 2014-04-09, 12 years ago
57%
of limit-tested samples over the exposure limit
14
samples
7
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz74 over
  • Respirable dust, <.1mg7
Show the individual readings (14)
Date Contaminant Concentration Limit Conc / limit Occupation
2001-11-01 Quartz, respirable, >1% Qtz 1.12 0.24 4.67 Cleanup Man
2001-11-01 Quartz, respirable, >1% Qtz 1.2 0.31 3.87 Belt Cleaner
2001-07-11 Quartz, respirable, >1% Qtz 1.28 0.32 4.00 Crusher Oper/Worker
2001-07-11 Quartz, respirable, >1% Qtz 1.14 0.19 6.00 Belt Cleaner
2014-04-09 Respirable dust, <.1mg 0 Laborer, Bullgang
2010-10-19 Respirable dust, <.1mg 0 Supervisor, Co. Official
2010-10-19 Respirable dust, <.1mg 0 Supervisor, Co. Official
2010-10-19 Respirable dust, <.1mg 0 Laborer, Bullgang
2009-09-02 Quartz, respirable, >1% Qtz 0.2 0.66 0.30 Front-end Loader Operator
2009-09-02 Respirable dust, <.1mg 0 Crusher Oper/Worker
2009-09-02 Respirable dust, <.1mg 0 Laborer, Bullgang
2003-01-16 Respirable dust, <.1mg 0 Belt Cleaner
2003-01-16 Quartz, respirable, >1% Qtz 0.22 0.31 0.71 Crusher Oper/Worker
2001-07-11 Quartz, respirable, >1% Qtz 0.15 0.26 0.58 Cleanup Man
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.

117 DP recorded 0.00 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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 2.48 and the all-US-mining average was 2.96 cases per 100 workers.
In Colorado, metal and nonmetal mining averaged 3.04 cases per 100 workers that year.
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.
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.
Ownership history
  1. Denver Brick & Pipe Company 1950 to 1985
  2. Varra Companies, Inc. 1985 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2019 7
2018 3
2017 1
2016 2
2015 2
2014 3
2013 2
2012 8
2011 9
2010 8
2009 0
2004 6
2003 6
2002 5
2001 5
2000 3
Source: MSHA quarterly employment and production, updated weekly.

117 DP sits in Weld County, Colorado, where the Census mining category is 2.4% of county employment.

Local economic context
County figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Weld County, Colorado · Population 340,711
2.4%
Mining share of county employment
$93,287
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
Quarterly safety rates
Citations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter Hours worked Citations S&S Per 1M hrs
2019 Q2 3,096 5 2 1615.0
2019 Q1 6,485 0 0 0.0
2018 Q4 636 0 0 0.0
2018 Q3 1,261 0 0 0.0
2018 Q2 186 0 0 0.0
2018 Q1 861 0 0 0.0
2017 Q4 1,828 0 0 0.0
2017 Q3 0 0 0
Show 53 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 1,676 0 0 0.0
2016 Q1 2,640 0 0 0.0
2015 Q4 893 0 0 0.0
2015 Q3 1,586 0 0 0.0
2015 Q2 1,866 0 0 0.0
2015 Q1 0 0 0
2014 Q4 1,307 0 0 0.0
2014 Q3 696 2 1 2873.6
2014 Q2 1,834 2 0 1090.5
2014 Q1 422 0 0 0.0
2013 Q4 702 0 0 0.0
2013 Q3 1,914 0 0 0.0
2013 Q2 426 0 0 0.0
2013 Q1 0 1 0
2012 Q4 1,334 0 0 0.0
2012 Q3 6,457 0 0 0.0
2012 Q2 7,447 0 0 0.0
2012 Q1 6,178 0 0 0.0
2011 Q4 6,089 1 0 164.2
2011 Q3 5,086 0 0 0.0
2011 Q2 4,858 2 0 411.7
2011 Q1 3,216 0 0 0.0
2010 Q4 1,056 2 0 1893.9
2010 Q3 3,827 0 0 0.0
2010 Q2 5,569 0 0 0.0
2010 Q1 4,952 0 0 0.0
2009 Q4 0 3 1
2009 Q3 0 0 0
2009 Q2 0 4 0
2004 Q4 0 0 0
2004 Q3 3,384 0 0 0.0
2004 Q2 2,893 2 0 691.3
2004 Q1 2,604 0 0 0.0
2003 Q4 3,262 0 0 0.0
2003 Q3 3,215 0 0 0.0
2003 Q2 3,386 0 0 0.0
2003 Q1 3,494 6 1 1717.2
2002 Q4 3,275 0 0 0.0
2002 Q3 3,535 0 0 0.0
2002 Q2 4,387 0 0 0.0
2002 Q1 2,408 0 0 0.0
2001 Q4 2,908 0 0 0.0
2001 Q3 2,930 6 3 2047.8
2001 Q2 2,701 0 0 0.0
2001 Q1 1,876 0 0 0.0
2000 Q4 3,245 0 0 0.0
2000 Q3 0 8 4
2000 Q2 3,203 0 0 0.0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2001 · 1 incident

August 9, 2001 CO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Varra Companies, Inc. · Struck by... (Not Elsewhere Classified)

CUTTING CONVEYOR BELT TO LENGTH WITH A UTILITY KNIFE, KNIFE SLIPPED CUTTING EMPLOYEE'S RIGHT THIGH.