Mining Incidents

Benton Mine: 182 MSHA citations Metal/Non-Metal

Dutch Mining LLC · Underground
Merlin, Josephine County, OR  ·  Abandoned
MSHA Mine ID: 3503405

Benton Mine has $33K in proposed MSHA penalties and $20K outstanding across 18 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
1995–2007
Latest incident
Dec 2007
Compliance record
MSHA citations since 2005
182
citations
46
significant & substantial
$32,527
proposed penalties
$7,758
paid to date
24% of proposed penalties paid to date, a $24,769 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
38
inspections on record
1,799
inspection hours
10.1
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.
182 citations across 1,799 inspection hours.
Source: MSHA inspections data, updated weekly.

Benton Mine has $33K in proposed MSHA penalties and $20K outstanding across 18 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.
$33K
proposed penalties
$27K
current assessed
$8K
paid to date
$20K
outstanding
177 assessments are final orders; 18 contested dockets.
Of $27K in penalties contested before the Commission, $21K was upheld in final decisions.
As of the most recent assessment on 2009-01-12.
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.
25.8%
significant & substantial
3.4%
high negligence or reckless
25.8%
reasonably likely or greater
74.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.7% low, 80.9% moderate, 3.4% 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.
122 citations taken to the federal commission · 67% of citations on record
  • Settled 122 · 100%
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 32 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$27K proposed, $21K 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 2009-03-26.
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 2007-904M Settlement Barbour 2008 $6K → $5K
WEST 2008-1258M Settlement Barbour 2009 $4K → $3K
WEST 2007-777M Settlement Barbour 2008 $3K → $2K
WEST 2007-778M Settlement Barbour 2008 $2K → $2K
WEST 2008-923M Settlement Barbour 2009 $2K → $2K
WEST 2008-922M Settlement Barbour 2009 $2K → $1K
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: 2008-06-17, 18 years ago
22%
of limit-tested samples over the exposure limit
22
samples
18
limit-tested
Most sampled contaminants
  • TC as EC @ 35084 over
  • TCarbon @ 35084 over
  • Quartz, respirable, >1% Qtz9
  • Respirable dust, <.1mg2
Show the individual readings (30)
Date Contaminant Concentration Limit Conc / limit Occupation
2008-06-17 TC as EC @ 350 351 350 1.00 Front-end Loader Operator
2008-06-17 TCarbon @ 350 382 350 1.09 Front-end Loader Operator
2008-04-15 TCarbon @ 350 357.66 350 1.02 Front-end Loader Operator
2008-04-15 TC as EC @ 350 416.29 350 1.19 Front-end Loader Operator
2007-03-21 TC as EC @ 350 643 350 1.84 Front-end Loader Operator
2007-03-21 TC as EC @ 350 443.19 350 1.27 Truck Driver
2007-03-21 TCarbon @ 350 505.46 350 1.44 Truck Driver
2007-03-21 TCarbon @ 350 683.79 350 1.95 Front-end Loader Operator
2008-04-15 TCarbon @ 350 179.32 350 0.51 Truck Driver
2008-04-15 TC as EC @ 350 178.04 350 0.51 Truck Driver
2007-12-12 Quartz, respirable, >1% Qtz 0.31 0.55 0.56 Ball Mill Operator
2007-12-12 Quartz, respirable, >1% Qtz 0.17 0.57 0.30 Supervisor, Co. Official
2007-12-12 Quartz, respirable, >1% Qtz 0.24 0.43 0.56 Laborer, Bullgang
2007-12-12 Quartz, respirable, >1% Qtz 0.3 0.47 0.64 Crusher Oper/Worker
2007-07-30 Quartz, respirable, >1% Qtz 0.52 0.77 0.68 Crusher Oper/Worker
2007-07-30 Respirable dust, <.1mg 0 Flotation/Concentrator Oper.
2007-07-30 Quartz, respirable, >1% Qtz 0.34 0.35 0.97 Crusher Oper/Worker
2007-05-30 TC as EC @ 350 221.59 350 0.63 Front-end Loader Operator
2007-05-30 TC as EC @ 350 163.95 350 0.47 Truck Driver
2007-05-30 TCarbon @ 350 248.29 350 0.71 Truck Driver
2007-05-30 TCarbon @ 350 332.04 350 0.95 Front-end Loader Operator
2007-05-09 TCarbon @ 350 330.07 350 0.94 Front-end Loader Operator
2007-05-09 TC as EC @ 350 244.65 350 0.70 Front-end Loader Operator
2007-02-14 Quartz, respirable, >1% Qtz 0.91 2.87 0.32 Gathering Arm Operator
2007-02-14 Unlisted Particulate, respirable, <1% Qtz 0.4 Gathering Arm Operator
2007-02-14 Quartz, respirable, >1% Qtz 1.76 3.21 0.55 Gathering Arm Operator
2006-11-14 Unlisted Particulate, respirable, <1% Qtz 0.44 Drill Helper
2006-11-14 Diesel Particulate Material 115.97 308 0.38 Mucking Mach. Operator
2006-11-14 Quartz, respirable, >1% Qtz 0.45 1.1 0.41 Miner, Raise
2006-11-14 Respirable dust, <.1mg 0 Mechanic
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.

Benton Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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
Below average. The US metal and nonmetal mining average was 3.15 and the all-US-mining average was 3.61 cases per 100 workers.
In Oregon, metal and nonmetal mining averaged 2.60 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.
Year total case rate days-away fatal
2008 * 0.00 0.00 0.000
2007 * 27.02 10.13 0.000
2006 * 6.35 0.00 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
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. Dutch Mining 1994 to 1995
  2. Dutch Mining LLC 1995 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2009 0
2008 27
2007 30
2006 18
2005 11
2000 0
Source: MSHA quarterly employment and production, updated weekly.

Benton Mine sits in Josephine County, Oregon, where the Census mining category is 0.1% 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.
Josephine County, Oregon · Population 88,069
0.1%
Mining share of county employment
$59,097
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
2009 Q3 0 0 0
2009 Q2 0 0 0
2008 Q4 1,280 0 0 0.0
2008 Q3 9,079 0 0 0.0
2008 Q2 18,429 30 9 1627.9
2008 Q1 16,564 30 8 1811.2
2007 Q4 17,597 16 3 909.2
2007 Q3 16,163 10 1 618.7
Show 11 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q2 15,172 36 10 2372.8
2007 Q1 10,289 11 4 1069.1
2006 Q4 8,915 13 3 1458.2
2006 Q3 9,041 1 0 110.6
2006 Q2 6,528 4 0 612.7
2006 Q1 7,000 5 1 714.3
2005 Q4 6,190 2 0 323.1
2005 Q3 3,210 0 0 0.0
2005 Q2 4,890 9 0 1840.5
2005 Q1 3,170 12 6 3785.5
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

12 on file

2007 · 8 incidents

December 3, 2007 OR · Metal/Non-Metal assayer, geologist, metallurgist, engineer, engineer management FALL OF ROOF OR BACK
Dutch Mining LLC · Struck by falling object

inspecting face after another employee finished drilling. Small rock fell about 5 feet hitting ee in the face.

November 27, 2007 OR · Metal/Non-Metal utility man, errand boy, service truck operator HANDLING OF MATERIALS
Dutch Mining LLC · Over-exertion (Not Elsewhere Classified)

Began pulling drill back and when drill steel came out he twisted his wrist backwards

November 12, 2007 OR · Metal/Non-Metal drill helper HANDLING OF MATERIALS
Dutch Mining LLC · Struck by... (Not Elsewhere Classified)

Retrieving core tube and the rod holder did not fully close on pipe. The rod slipped 4' and ee's hand was behind the moving rod. Broke bone on left hand.

September 25, 2007 OR · Metal/Non-Metal ledgeman/hand, quarry man MACHINERY
Dutch Mining LLC · Struck by falling object

Small rock slab fell from back, hit drill machine, and bounced to ee striking him on his right knee.

August 28, 2007 OR · Metal/Non-Metal ledgeman/hand, quarry man SLIP OR FALL OF PERSON
Dutch Mining LLC · Fall to lower level, (Not Elsewhere Classified)

He was installing a timber set on the second level when one of the caps on the first level he installed the night before came loose. He fell breaking his right ankle, two bones in twelve places. Requiring surgery.

July 12, 2007 OR · Metal/Non-Metal ledgeman/hand, quarry man MACHINERY
Dutch Mining LLC · Over-exertion in pulling or pushing objects

The miner was drilling with a jackleg drill in the 960N ore drive decline, he was pulling the machine back out of a hole and pulled a muscle in his lower back.

January 16, 2007 OR · Metal/Non-Metal belt foreman, maintenance foreman, maintenance supervisor SLIP OR FALL OF PERSON
Dutch Mining LLC · Fall to the walkway or working surface

A winter storm hit the area around the mine. Employees were instructed to leave the mine site. Ee was leaving the portal area. He was walking down the road from the portal to his truck. He slipped and fell due to the ice and snow causing an injury to his right wrist.

2006 · 1 incident

December 20, 2006 OR · Metal/Non-Metal assayer, geologist, metallurgist, engineer, engineer management HANDLING OF MATERIALS
Dutch Mining LLC · Absorption of radiations, caustics, toxic and noxious substances

Employee was gathering samples in the 1000 North during a muck cycle. Stated eyes were sore and watering on Thursday 12/21/06 and noticed a blister on left eye.

2005 · 2 incidents

May 3, 2005 OR · Metal/Non-Metal ledgeman/hand, quarry man MACHINERY
Dutch Mining LLC · Struck by... (Not Elsewhere Classified)

Ee was mucking, his foot slipped off pedal, into the articulation/pedal was secured with a ground to prevent slippage.

March 19, 2005 OR · Metal/Non-Metal FIRE
Dutch Mining LLC · Accident type, without injuries

USING WOOD STOVE FOR HEAT AND DRYING CLOTHES AND BOOTS. ALSO HAD TOOLS AND PPE STORED THERE. FIRE BURNED DONW THE SHED (12 X 20)

1995 · 1 incident