Mining Incidents

Benson Brothers Aggregate: 23 MSHA citations Metal/Non-Metal

Controlled by Ed Benson; Dwight Benson
Austin, Delta County, CO  ·  Active
MSHA Mine ID: 0502797

Benson Brothers Aggregate has $3K in proposed MSHA penalties and $0 outstanding across 3 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Benson Brothers Aggregate.

Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2000
23
citations
5
significant & substantial
$2,973
proposed penalties
$2,872
paid to date
97% of proposed penalties paid to date, a $101 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
33
inspections on record
358
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: 358 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Benson Brothers Aggregate has $3K in proposed MSHA penalties and $0 outstanding across 3 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
$3K
current assessed
$3K
paid to date
$0
outstanding
23 assessments are final orders; 3 contested dockets.
Of $451 in penalties contested before the Commission, $350 was upheld in final decisions.
As of the most recent assessment on 2025-02-04.
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.
21.7%
significant & substantial
0.0%
high negligence or reckless
21.7%
reasonably likely or greater
60.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.3% low, 95.7% 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.
3 citations taken to the federal commission · 13% of citations on record
  • Settled 3 · 100%
0%
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%
22%
Penalty reduction in decided contests
$451 proposed, $350 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 2012-09-14.
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 2012-1446M Settlement Lesnick 2013 $243 → $150
WEST 2012-301M Settlement Lesnick 2012 $108 → $100
WEST 2010-463M Settlement Lesnick 2010 $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: 2025-07-01
0%
of limit-tested samples over the exposure limit
14
samples
3
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg9
  • Quartz, respirable, >1% Qtz5
Show the individual readings (14)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-07-01 Respirable dust, <.1mg 0 Front-end Loader Operator
2025-07-01 Respirable dust, <.1mg 0 Mechanic
2025-07-01 Respirable dust, <.1mg 0 Backhoe Operator
2021-05-11 Quartz, respirable, >1% Qtz 0.51 Front-end Loader Operator
2021-05-11 Respirable dust, <.1mg 0 Backhoe Operator
2021-05-11 Respirable dust, <.1mg 0 Front-end Loader Operator
2018-03-08 Respirable dust, <.1mg 0 Laborer, Bullgang
2018-03-08 Quartz, respirable, >1% Qtz 0.14 Front-end Loader Operator
2018-03-08 Quartz, respirable, >1% Qtz 0.43 0.62 0.69 Dry Screen Plant Operator
2015-04-01 Respirable dust, <.1mg 0 Crusher Oper/Worker
2015-04-01 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-10-20 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-10-20 Quartz, respirable, >1% Qtz 0.48 1.47 0.33 Crusher Oper/Worker
2011-10-20 Quartz, respirable, >1% Qtz 0.17 1.18 0.14 Backhoe Operator
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.
Ownership history
  1. Hallenbeck Construction Inc 1950 to 1984
  2. Benson Brothers Aggregate 1984 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 4
2025 4
2024 4
2023 4
2022 4
2021 4
2020 4
2019 4
2018 3
2017 3
2016 3
2015 3
2014 3
2013 3
2012 3
2011 3
2010 1
2009 2
2005 0
2004 1
2003 1
2002 2
2001 2
2000 2
Source: MSHA quarterly employment and production, updated weekly.

Benson Brothers Aggregate sits in Delta County, Colorado, where the Census mining category is 5.2% 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.
Delta County, Colorado · Population 31,353
5.2%
Mining share of county employment
$58,330
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
2026 Q2 295 0 0 0.0
2026 Q1 351 0 0 0.0
2025 Q4 38 0 0 0.0
2025 Q2 54 0 0 0.0
2025 Q1 409 2 0 4890.0
2024 Q4 316 0 0 0.0
2024 Q3 466 0 0 0.0
2024 Q2 583 0 0 0.0
Show 79 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 424 0 0 0.0
2023 Q4 211 0 0 0.0
2023 Q3 290 0 0 0.0
2023 Q2 493 0 0 0.0
2023 Q1 447 0 0 0.0
2022 Q4 279 0 0 0.0
2022 Q3 672 0 0 0.0
2022 Q2 475 0 0 0.0
2022 Q1 503 0 0 0.0
2021 Q4 274 0 0 0.0
2021 Q3 358 0 0 0.0
2021 Q2 431 1 1 2320.2
2021 Q1 391 0 0 0.0
2020 Q4 209 0 0 0.0
2020 Q3 212 0 0 0.0
2020 Q2 469 0 0 0.0
2020 Q1 514 0 0 0.0
2019 Q4 286 0 0 0.0
2019 Q3 392 0 0 0.0
2019 Q2 199 0 0 0.0
2019 Q1 199 0 0 0.0
2018 Q4 269 2 0 7434.9
2018 Q3 167 0 0 0.0
2018 Q2 261 0 0 0.0
2018 Q1 220 3 2 13636.4
2017 Q4 389 0 0 0.0
2017 Q3 69 0 0 0.0
2017 Q2 170 0 0 0.0
2017 Q1 301 0 0 0.0
2016 Q4 60 0 0 0.0
2016 Q3 153 0 0 0.0
2016 Q2 215 0 0 0.0
2016 Q1 358 0 0 0.0
2015 Q4 147 0 0 0.0
2015 Q3 122 0 0 0.0
2015 Q2 176 0 0 0.0
2015 Q1 342 0 0 0.0
2014 Q4 190 0 0 0.0
2014 Q3 132 0 0 0.0
2014 Q2 375 0 0 0.0
2014 Q1 150 0 0 0.0
2013 Q4 218 0 0 0.0
2013 Q3 110 0 0 0.0
2013 Q2 179 0 0 0.0
2013 Q1 27 0 0 0.0
2012 Q4 90 2 0 22222.2
2012 Q3 50 0 0 0.0
2012 Q2 181 0 0 0.0
2012 Q1 105 0 0 0.0
2011 Q4 176 4 0 22727.3
2011 Q3 258 0 0 0.0
2011 Q2 270 0 0 0.0
2011 Q1 19 0 0 0.0
2010 Q4 159 1 0 6289.3
2010 Q3 18 0 0 0.0
2010 Q2 0 0 0
2010 Q1 0 0 0
2009 Q4 160 1 0 6250.0
2009 Q3 0 4 1
2005 Q2 0 0 0
2005 Q1 0 0 0
2004 Q4 0 0 0
2004 Q2 416 0 0 0.0
2004 Q1 408 0 0 0.0
2003 Q4 0 0 0
2003 Q3 0 0 0
2003 Q2 661 0 0 0.0
2003 Q1 937 0 0 0.0
2002 Q3 484 0 0 0.0
2002 Q2 287 0 0 0.0
2002 Q1 608 0 0 0.0
2001 Q4 296 0 0 0.0
2001 Q3 342 0 0 0.0
2001 Q2 398 0 0 0.0
2001 Q1 713 0 0 0.0
2000 Q4 442 0 0 0.0
2000 Q3 452 3 1 6637.2
2000 Q2 728 0 0 0.0
2000 Q1 865 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.