Mining Incidents

Benson Shale Pit: 16 MSHA citations Metal/Non-Metal

Controlled by Ed Benson; Dwight Benson
Austin, Delta County, CO  ·  Abandoned
MSHA Mine ID: 0504485

Benson Shale Pit has $6K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Benson Shale Pit.

Fatalities
0
Total incidents
2
Years on record
2001
Latest incident
Nov 2001
Compliance record
MSHA citations since 2000
16
citations
9
significant & substantial
$5,528
proposed penalties
$3,708
paid to date
67% of proposed penalties paid to date, a $1,820 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
6
inspections on record
91
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: 91 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 Shale Pit has $6K in proposed MSHA penalties and $0 outstanding across 4 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.
$6K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
16 assessments are final orders; 4 contested dockets.
Of $4K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2002-01-10.
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.
56.2%
significant & substantial
50.0%
high negligence or reckless
56.2%
reasonably likely or greater
62.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 50.0% moderate, 50.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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
WEST20020192M Settlement Barbour 2002 $2K → $1K
WEST20010299M Settlement Cetti 2001 $2K → $750
WEST20020488M Settlement Cetti 2002 $1K → $250
WEST20030139M Withdrawal 2003 $317 → $0
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: 2001-07-17, 25 years ago
50%
of limit-tested samples over the exposure limit
2
samples
2
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz21 over
Show the individual readings (2)
Date Contaminant Concentration Limit Conc / limit Occupation
2001-07-17 Quartz, respirable, >1% Qtz 0.54 0.54 1.00 Crusher Oper/Worker
2001-07-17 Quartz, respirable, >1% Qtz 0.68 0.93 0.73 Front-end Loader 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. Benson Brothers Aggregate 1992 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2005 0
2004 0
2003 1
2002 2
2001 2
2000 2
Source: MSHA quarterly employment and production, updated weekly.

Benson Shale Pit 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
2005 Q2 0 0 0
2005 Q1 0 0 0
2004 Q4 0 0 0
2004 Q3 0 0 0
2004 Q2 0 0 0
2004 Q1 0 0 0
2003 Q3 0 0 0
2003 Q2 1,040 0 0 0.0
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2003 Q1 0 0 0
2002 Q4 564 0 0 0.0
2002 Q3 407 0 0 0.0
2002 Q2 940 0 0 0.0
2002 Q1 490 1 0 2040.8
2001 Q4 778 0 0 0.0
2001 Q3 859 9 3 10477.3
2001 Q2 1,013 0 0 0.0
2001 Q1 443 0 0 0.0
2000 Q4 692 0 0 0.0
2000 Q3 633 6 6 9478.7
2000 Q2 364 0 0 0.0
2000 Q1 301 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2001 · 2 incidents

November 14, 2001 CO · Metal/Non-Metal mine manager, mine foreman, mine owner OTHER
Benson Brothers Aggregate · Struck by flying object

RUNNING HAMMER AT SHALE PIT, HAD SAFETY GLASSES AND RESPIRATOR ON. WIND BLEW HARD, DUST WENT INTO EYES, SCRATCHED LEFT EYE.

October 16, 2001 CO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Benson Brothers Aggregate · Fall from machine

EMPLOYEE WAS PULLING ON A PRY BAR, IT SLIPPED, HE FELL OFF OF THE CRUSHER 10 FT TO THE GROUND. HE HIT HIS RIGHT SHOULDER, SORE BODY.