Mining Incidents

A. BORASKY EXCAVATING: 26 MSHA citations Metal/Non-Metal

A Borasky Excavating · Surface
Controlled by Andrew J Borasky
Pahrump, Nye County, NV  ·  Abandoned
MSHA Mine ID: 2602361

A. BORASKY EXCAVATING has $3K in proposed MSHA penalties and $0 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2000
26
citations
3
significant & substantial
$2,584
proposed penalties
$1,874
paid to date
73% of proposed penalties paid to date, a $710 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
18
inspections on record
117
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: 117 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

A. BORASKY EXCAVATING has $3K in proposed MSHA penalties and $0 outstanding across 5 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.
$3K
proposed penalties
$2K
current assessed
$2K
paid to date
$0
outstanding
26 assessments are final orders; 5 contested dockets.
Of $2K in penalties contested before the Commission, $884 was upheld in final decisions.
As of the most recent assessment on 2007-05-08.
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.
11.5%
significant & substantial
0.0%
high negligence or reckless
11.5%
reasonably likely or greater
46.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 30.8% low, 69.2% moderate, 0.0% 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.
5 citations taken to the federal commission · 19% of citations on record
  • Settled 4 · 80%
  • Stood as issued 1 · 20%
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 2 decided S&S contests · industry: 79%
54%
Penalty reduction in decided contests
$1K proposed, $605 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 2006-10-23.
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 2004-262M Settlement Weisberger 2004 $1K → $350
WEST 2004-314M Dismissal Weisberger 2004 $219 → $219
WEST 2007-57M Settlement Lesnick 2007 $195 → $195
WEST 2005-348M Dismissal Manning 2005 $120 → $60
WEST 2003-430-M Settlement Weisberger 2004 $60 → $60
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. A Borasky Excavating 1998 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2007 1
2006 2
2005 2
2004 1
2003 1
2002 1
2001 1
2000 1
Source: MSHA quarterly employment and production, updated weekly.

A. BORASKY EXCAVATING sits in Nye County, Nevada, where the Census mining category is 7.3% 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.
Nye County, Nevada · Population 53,207
7.3%
Mining share of county employment
$55,975
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
2007 Q2 46 1 0 21739.1
2007 Q1 52 0 0 0.0
2006 Q4 138 0 0 0.0
2006 Q3 140 2 1 14285.7
2006 Q2 305 0 0 0.0
2006 Q1 366 0 0 0.0
2005 Q4 346 0 0 0.0
2005 Q3 397 0 0 0.0
Show 22 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2005 Q2 360 0 0 0.0
2005 Q1 321 2 0 6230.5
2004 Q4 321 0 0 0.0
2004 Q3 409 0 0 0.0
2004 Q2 142 0 0 0.0
2004 Q1 350 3 1 8571.4
2003 Q4 218 0 0 0.0
2003 Q3 193 0 0 0.0
2003 Q2 361 4 1 11080.3
2003 Q1 416 0 0 0.0
2002 Q4 294 0 0 0.0
2002 Q3 254 0 0 0.0
2002 Q2 378 0 0 0.0
2002 Q1 614 0 0 0.0
2001 Q4 436 5 0 11467.9
2001 Q3 268 0 0 0.0
2001 Q2 610 0 0 0.0
2001 Q1 368 0 0 0.0
2000 Q4 185 0 0 0.0
2000 Q3 200 0 0 0.0
2000 Q2 216 9 0 41666.7
2000 Q1 520 0 0 0.0

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.