Mining Incidents

Bernhardt Gravel Mine: 84 MSHA citations Metal/Non-Metal

BURNCO Colorado LLC · Surface
Controlled by Burnco Rock Products Ltd
Milliken, Weld County, CO  ·  Abandoned
MSHA Mine ID: 0504654

Bernhardt Gravel Mine has $31K in proposed MSHA penalties and $0 outstanding across 5 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Bernhardt Gravel Mine.

Fatalities
0
Total incidents
24
Years on record
1999–2018
Latest incident
Jan 2018
Compliance record
MSHA citations since 2000
84
citations
26
significant & substantial
$30,575
proposed penalties
$26,843
paid to date
88% of proposed penalties paid to date, a $3,732 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
52
inspections on record
726
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: 726 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Bernhardt Gravel Mine has $31K 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.
$31K
proposed penalties
$27K
current assessed
$27K
paid to date
$0
outstanding
82 assessments are final orders; 5 contested dockets.
Of $16K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2025-05-06.
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.
31.7%
significant & substantial
12.2%
high negligence or reckless
31.7%
reasonably likely or greater
53.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.7% low, 84.1% moderate, 12.2% 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.
7 citations taken to the federal commission · 8% of citations on record
  • Settled 3 · 43%
  • Stood as issued 2 · 29%
  • Vacated or withdrawn 2 · 29%
57%
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 7 decided S&S contests · industry: 79%
40%
Penalty reduction in decided contests
$16K proposed, $10K 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 2017-09-27.
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 2017-0710 Settlement Manning 2018 $5K → $2K
WEST 2017-0711 Settlement Manning 2018 $5K → $3K
WEST 2017-0264 Default Lesnick 2017 $2K → $2K
WEST 2016-0651 Dismissal Manning 2016 $2K → $2K
WEST 2017-0263 Settlement Lesnick 2017 $2K → $165
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: 2024-07-02
17%
of limit-tested samples over the exposure limit
30
samples
12
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz132 over
  • Respirable dust, <.1mg16
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (30)
Date Contaminant Concentration Limit Conc / limit Occupation
2003-05-07 Quartz, respirable, >1% Qtz 0.67 0.48 1.40 Cleanup Man
2003-05-07 Quartz, respirable, >1% Qtz 0.56 0.46 1.22 Cleanup Man
2024-07-02 Quartz, respirable, >1% Qtz 0.44 0.45 0.98 Laborer, Bullgang
2024-07-02 Quartz, respirable, >1% Qtz 1.34 1.39 0.96 Laborer, Bullgang
2024-07-02 Quartz, respirable, >1% Qtz 6.9 Laborer, Bullgang
2024-07-02 Respirable dust, <.1mg 0 Backhoe Operator
2019-01-16 Quartz, respirable, >1% Qtz 0.21 0.65 0.32 Crusher Oper/Worker
2019-01-16 Respirable dust, <.1mg 0 Front-end Loader Operator
2019-01-16 Respirable dust, <.1mg 0 Crusher Oper/Worker
2019-01-16 Respirable dust, <.1mg 0 Front-end Loader Operator
2017-12-06 Respirable dust, <.1mg 0 Laborer, Bullgang
2017-12-06 Respirable dust, <.1mg 0 Laborer, Bullgang
2017-12-06 Respirable dust, <.1mg 0 Laborer, Bullgang
2016-06-02 Respirable dust, <.1mg 0 Tractor Operator
2016-06-02 Respirable dust, <.1mg 0 Laborer, Bullgang
2013-08-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2006-07-13 Quartz, respirable, >1% Qtz 0.21 1.3 0.16 Utility Man
2006-07-13 Respirable dust, <.1mg 0 Laborer, Bullgang
2006-07-13 Respirable dust, <.1mg 0 Front-end Loader Operator
2006-07-13 Respirable dust, <.1mg 0 Crusher Oper/Worker
2005-01-20 Unlisted Particulate, respirable, <1% Qtz 0.17 Front-end Loader Operator
2005-01-20 Quartz, respirable, >1% Qtz 0.25 0.48 0.52 Utility Man
2005-01-20 Quartz, respirable, >1% Qtz 0.13 0.47 0.28 Utility Man
2005-01-20 Respirable dust, <.1mg 0 Truck Driver
2005-01-20 Respirable dust, <.1mg 0 Utility Man
2003-11-04 Quartz, respirable, >1% Qtz 0.16 0.96 0.17 Cleanup Man
2003-05-07 Respirable dust, <.1mg 0 Cleanup Man
2003-05-07 Quartz, respirable, >1% Qtz 0.2 0.68 0.29 Crusher Oper/Worker
2000-12-06 Quartz, respirable, >1% Qtz 0.16 1.04 0.15 Crusher Oper/Worker
2000-12-06 Quartz, respirable, >1% Qtz 0.13 1.35 0.10 Belt Cleaner
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.

Bernhardt Gravel Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2024.

Injury rate, 2024
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 1.77 and the all-US-mining average was 2.08 cases per 100 workers.
In Colorado, metal and nonmetal mining averaged 1.78 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
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2020 * 0.00 0.00 0.000
2018 * 6.01 0.00 0.000
2017 * 0.00 0.00 0.000
2016 * 0.00 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. Hall-Irwin Construction Company 1999 to 2006
  2. Hall-Irwin Corporation 2006 to 2010
  3. Hall-Irwin Aggregates Inc 2010 to 2012
  4. BURNCO Colorado LLC 2012 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2025 3
2024 10
2023 11
2022 10
2021 16
2020 14
2019 15
2018 17
2017 23
2016 18
2015 15
2014 15
2013 12
2012 10
2009 6
2008 19
2007 21
2006 18
2005 17
2004 20
2003 14
2002 17
2001 15
2000 12
Source: MSHA quarterly employment and production, updated weekly.

Bernhardt Gravel Mine 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
2025 Q1 695 0 0 0.0
2024 Q4 755 1 0 1324.5
2024 Q3 7,093 2 0 282.0
2024 Q2 8,264 0 0 0.0
2024 Q1 6,751 2 0 296.3
2023 Q4 6,541 0 0 0.0
2023 Q3 7,122 0 0 0.0
2023 Q2 8,427 1 0 118.7
Show 82 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q1 7,467 2 0 267.8
2022 Q4 7,175 0 0 0.0
2022 Q3 8,193 0 0 0.0
2022 Q2 7,890 0 0 0.0
2022 Q1 8,080 0 0 0.0
2021 Q4 9,120 0 0 0.0
2021 Q3 7,485 0 0 0.0
2021 Q2 6,224 0 0 0.0
2021 Q1 7,503 0 0 0.0
2020 Q4 5,579 0 0 0.0
2020 Q3 7,145 0 0 0.0
2020 Q2 6,978 0 0 0.0
2020 Q1 6,433 0 0 0.0
2019 Q4 2,052 0 0 0.0
2019 Q3 3,439 0 0 0.0
2019 Q2 5,611 0 0 0.0
2019 Q1 5,488 1 0 182.2
2018 Q4 4,312 0 0 0.0
2018 Q3 8,613 0 0 0.0
2018 Q2 11,035 0 0 0.0
2018 Q1 9,295 0 0 0.0
2017 Q4 11,212 0 0 0.0
2017 Q3 11,054 0 0 0.0
2017 Q2 11,845 0 0 0.0
2017 Q1 11,207 4 2 356.9
2016 Q4 10,074 0 0 0.0
2016 Q3 11,099 0 0 0.0
2016 Q2 13,507 1 1 74.0
2016 Q1 10,329 0 0 0.0
2015 Q4 10,188 4 2 392.6
2015 Q3 10,377 0 0 0.0
2015 Q2 11,738 0 0 0.0
2015 Q1 8,619 2 0 232.0
2014 Q4 9,247 0 0 0.0
2014 Q3 8,635 1 0 115.8
2014 Q2 8,685 0 0 0.0
2014 Q1 9,233 2 0 216.6
2013 Q4 7,846 0 0 0.0
2013 Q3 8,136 0 0 0.0
2013 Q2 6,260 0 0 0.0
2013 Q1 5,365 0 0 0.0
2012 Q4 5,093 0 0 0.0
2012 Q3 5,491 0 0 0.0
2009 Q3 16 0 0 0.0
2009 Q2 0 19 9
2009 Q1 7,917 0 0 0.0
2008 Q4 9,692 1 0 103.2
2008 Q3 12,820 0 0 0.0
2008 Q2 14,884 0 0 0.0
2008 Q1 8,525 2 0 234.6
2007 Q4 8,918 0 0 0.0
2007 Q3 9,419 0 0 0.0
2007 Q2 8,784 0 0 0.0
2007 Q1 5,845 0 0 0.0
2006 Q4 5,581 0 0 0.0
2006 Q3 8,969 5 0 557.5
2006 Q2 9,003 3 1 333.2
2006 Q1 7,660 0 0 0.0
2005 Q4 6,800 0 0 0.0
2005 Q3 7,524 0 0 0.0
2005 Q2 8,085 0 0 0.0
2005 Q1 6,874 4 2 581.9
2004 Q4 9,362 0 0 0.0
2004 Q3 8,859 1 0 112.9
2004 Q2 13,874 0 0 0.0
2004 Q1 8,760 0 0 0.0
2003 Q4 6,659 1 0 150.2
2003 Q3 12,054 0 0 0.0
2003 Q2 4,834 6 3 1241.2
2003 Q1 6,612 0 0 0.0
2002 Q4 7,459 1 0 134.1
2002 Q3 11,054 0 0 0.0
2002 Q2 12,229 0 0 0.0
2002 Q1 6,614 0 0 0.0
2001 Q4 8,949 0 0 0.0
2001 Q3 9,957 0 0 0.0
2001 Q2 12,139 0 0 0.0
2001 Q1 9,343 0 0 0.0
2000 Q4 9,546 7 1 733.3
2000 Q3 9,456 0 0 0.0
2000 Q2 10,357 0 0 0.0
2000 Q1 9,300 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

24 on file

2018 · 1 incident

January 11, 2018 CO · Metal/Non-Metal miner, prospector, nec HANDTOOLS (NONPOWERED)
BURNCO Colorado LLC · Struck by... (Not Elsewhere Classified)

The miner was cutting belting with a box cutter when the knife slipped and they cut their leg.

2014 · 1 incident

November 4, 2014 CO · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
BURNCO Colorado LLC · Fall from machine

The operator saw a pipe on the ground. He got out of his loader turned around and as he stepped down missed the first step. The operator fell to the ground fracturing his femur.

2013 · 1 incident

March 27, 2013 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
BURNCO Colorado LLC · Struck by... (Not Elsewhere Classified)

The worker cutting conveyor belting with a knife. He used a lot of force, the knife slipped and cut his left thumb through his glove.

2009 · 2 incidents

January 21, 2009 CO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Hall-Irwin Corporation · Struck against a moving object

The employee says he had tingling going down his leg in the afternoon while he was operating a loader in the pit. Didn't report anything to his supervisor except on a voice mail late at night.

January 16, 2009 CO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator POWERED HAULAGE
Hall-Irwin Corporation · Struck by flying object

The employee was greasing a conveyor grease line when a rock bounced off and struck the employee in the face knocking out a tooth and loosening two others.

2008 · 3 incidents

October 3, 2008 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Hall-Irwin Corporation · Over-exertion (Not Elsewhere Classified)

The employee was entering his skidster when he slipped and when he tried to catch himself, he hit the corner of the frame with his hand/wrist.

June 19, 2008 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Hall-Irwin Corporation · Fall from machine

Employee was doing maintenance work on the conveyor. When he stepped down, he fell to the ground and cut his face, requiring three stitches near his eye.

April 15, 2008 CO · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer STEPPING OR KNEELING ON OBJECT
Hall-Irwin Corporation · Rubbed or abraded

The employee was kneeling in front of a tail pulley he was doing maintenance on and when he got up, he felt pain in his right knee. The knee became swollen as well.

2005 · 2 incidents

December 27, 2005 CO · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Hall-Irwin Construction Company · Caught in, under or between a moving and a stationary object

The employee was helping to grease a haul truck. He was holding a brace pin up as the bed of the truck was coming down and smashed his hand between the two.

January 21, 2005 CO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Hall-Irwin Construction Company · Fall from ladders

EE TURNED AROUND TO GO DOWN THE POWER SCREEN LOADER, SLIPPED, FELL HURTING HAND AND WRIST.

2003 · 3 incidents

October 8, 2003 CO · Metal/Non-Metal backhoe operator, trackhoe operator, crane operator HANDLING OF MATERIALS
Hall-Irwin Construction Company · Struck against stationary object

THE EE WAS WORKING ON A CONVEYER WHEN HE RAISED UP HITTING THE BACK OF HIS HEAD ON THE CONVEYER.

April 7, 2003 CO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Hall-Irwin Construction Company · Fall onto or against objects

THE EMPLOYEE WAS TRYING TO CLIMB A SMALL LADDER ON OUR BLENDER MACHINE, SLIPPED ON SOME SNOW AND MUD AND HIT HIS CHEST ON THE FRAMEWORK.

March 12, 2003 CO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator OTHER
Hall-Irwin Construction Company · Absorption of radiations, caustics, toxic and noxious substances

THE EE WAS BIT ON THE LEFT HAND BY A SMALL BLACK SPIDER. HIS HAND STARTED TO TINGLE AND SWELL SO HE WAS TAKEN TO THE DOCTOR.

2002 · 2 incidents

April 10, 2002 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman STEPPING OR KNEELING ON OBJECT
Hall-Irwin Construction Company · Struck against stationary object

THE EE WAS CLIMBING DOWN A STAIR/LADDER FROM A SCREEN DECK AND STEPPED ON A DIRT CLOD, SPRAINING HIS ANKLE.

2001 · 2 incidents

October 22, 2001 CO · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech STEPPING OR KNEELING ON OBJECT
Hall-Irwin Construction Company · Struck against stationary object

THE HEAVY EQUIPMENT MECHANIC STEPPED OFF AN EXCAVATOR ONTO A ROCK AND TWISTED HIS (L) ANKLE.

March 8, 2001 CO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator ELECTRICAL
Hall-Irwin Construction Company · Flash burns (electric)

A CONVEYER WAS BEING WORKED ON AND WHEN THE EMPLOYEE BRUSHED AGAINST THE ELECTRICAL CAUSING SPARKING AND POPPING WHICH CREATED A BURN ON THE EMPLOYEE'S ARM. A REVIEW OF THE LOCKOUT REVEALED THAT SEVERAL STITCHES WERE NOT ACCURATE. THEY HAVE CORRECTED SINCE.

2000 · 5 incidents

November 20, 2000 CO · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Hall-Irwin Construction Company · Struck by... (Not Elsewhere Classified)

THE EMPLOYEE WAS TIGHTENING A BOLT WHEN THE WRENCH SLIPPED OFF THE BOLT STRIKING HIS UPPER LIP.

November 15, 2000 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Hall-Irwin Construction Company · Over-exertion (Not Elsewhere Classified)

THE EE WAS MOVING PIPE AND CUTTING PIPE TO REINSTALL A WATER LINE. AT THE END OF THE DAY HE SAID HIS BACKING SORE. WAS SENT TO THE DR WHEN BACK PAIN PERSISTED. HE WAS RETURNED TO REGULAR DUTY AFTER VISIT TO DR.

August 14, 2000 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Hall-Irwin Construction Company · Over-exertion (Not Elsewhere Classified)

EMPLOYEE SAYS HE WAS CARRYING A 10' SECTION PVC PIPE AND FELT A POP IN HIS RIGHT SHOULER. THE COMPANY FIRST FOUND OUT ABOUT THE INJURY FROM A DR'S REPORT DELIVERDD 8-23-2000.

March 28, 2000 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Hall-Irwin Construction Company · Over-exertion in pulling or pushing objects

AN 8 FT POLE IS USED TO BREAK UP TOP SOIL INSIDE A FEED HOPPER FROM AN ELEVATED CATWALK. THE EE IS NOT USED TO THE ACTIVITY AND DEVELOPED A MINOR STRAIN TO THE R WRIST.

January 18, 2000 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Hall-Irwin Construction Company · Struck against stationary object

THE EMPLOYEE WAS TAKING APART A CONVEYOR BRAKE WHEN THE WRENCH HE WAS USING SLIPPED AND HE HIT HIS KNUCKLE ON THE BRAKE.

1999 · 2 incidents

December 27, 1999 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Hall-Irwin Construction Company · Over-exertion (Not Elsewhere Classified)

THE EE WAS USING ONLY HIS HANDS TO HOLD UPA SECTION OF SHEET METAL. IT SLIPPED FROM HIS HANDS AND HE TRIED TO CATCH IT BY USING HIS SHOULDER. THE EE REPORTED TI LATE BUT THOUGHT IT WOULD BE OK . HE WAS SENT TO THE DR WHEN HIS COMPLAINT REMAINED THE SAME.

October 29, 1999 CO · Metal/Non-Metal HANDLING OF MATERIALS
Hall-Irwin Construction Company · Over-exertion (Not Elsewhere Classified)

THE EE WAS HELPING TO PICK UP AND MOVE WATER PIPE THE DAY BEFORE. ON THE NEXT DAY, HE FELT A PAIN IN HIS LOWER BACK WALKING ACROSS THE FACILITY.