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Black Mountain: 454 MSHA citations Metal/Non-Metal

Controlled by Don W Tibbals
FERNLEY, Churchill County, NV  ·  Intermittent
MSHA Mine ID: 2602228

Black Mountain has $226K in proposed MSHA penalties and $24K outstanding across 29 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
13
Years on record
1993–2011
Latest incident
Dec 2011
Compliance record
MSHA citations since 2001
454
citations
158
significant & substantial
$225,696
proposed penalties
$110,416
paid to date
49% of proposed penalties paid to date, a $115,280 gap.
Source: MSHA violations data, updated weekly.
See Gopher Construction, Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2001
72
inspections on record
1,641
inspection hours
27.7
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.
454 citations across 1,641 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
ⓘ A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
7
Section 107(a) orders
Most recent order: 2012-08-22.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Black Mountain has $226K in proposed MSHA penalties and $24K outstanding across 29 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.
$226K
proposed penalties
$135K
current assessed
$111K
paid to date
$24K
outstanding
431 assessments are final orders; 29 contested dockets.
Of $191K in penalties contested before the Commission, $98K was upheld in final decisions.
As of the most recent assessment on 2024-10-01.
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.
36.6%
significant & substantial
10.4%
high negligence or reckless
36.8%
reasonably likely or greater
51.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.8% low, 77.8% moderate, 10.4% 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.
192 citations taken to the federal commission · 42% of citations on record
  • Settled 127 · 66%
  • Stood as issued 59 · 31%
  • Vacated or withdrawn 6 · 3%
81%
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 83 decided S&S contests · industry: 79%
48%
Penalty reduction in decided contests
$192K proposed, $99K 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 2021-08-24.
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 2011-541M Settlement Andrews 2012 $37K → $16K
WEST 2011-1006M Settlement Andrews 2012 $23K → $10K
WEST 2011-1414M Settlement Miller 2012 $18K → $8K
WEST 2011-1233M Settlement Miller 2012 $16K → $7K
WEST 2012-1059M Settlement Lesnick 2013 $14K → $6K
WEST 2011-617M Settlement Manning 2012 $14K → $6K
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: 2011-07-20, 15 years ago
10
samples
0
limit-tested
Most sampled contaminants
  • Unlisted Particulate, total, <1% Qtz6
  • Unlisted Particulate, respirable, <1% Qtz4
Show the individual readings (10)
Date Contaminant Concentration Limit Conc / limit Occupation
2011-07-20 Unlisted Particulate, total, <1% Qtz 6.56 Front-end Loader Operator
2011-07-20 Unlisted Particulate, total, <1% Qtz 9.62 Backhoe Operator
2011-07-20 Unlisted Particulate, respirable, <1% Qtz 2.03 Truck Driver
2011-07-20 Unlisted Particulate, total, <1% Qtz 18.55 Truck Driver
2011-07-20 Unlisted Particulate, respirable, <1% Qtz 1.56 Crusher Oper/Worker
2005-03-22 Unlisted Particulate, respirable, <1% Qtz 0.58 Dry Screen Plant Operator
2005-03-22 Unlisted Particulate, respirable, <1% Qtz 1.13 Laborer, Bullgang
2003-05-28 Unlisted Particulate, total, <1% Qtz 9.93 Bagging Operator
2003-05-28 Unlisted Particulate, total, <1% Qtz 15.15 Crusher Oper/Worker
2003-05-28 Unlisted Particulate, total, <1% Qtz 108.83 Laborer, Bullgang
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.

Black Mountain recorded 0.00 reportable injury cases per 100 full-time workers in 2007.

Injury rate, 2007
ⓘ 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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 3.30 and the all-US-mining average was 3.77 cases per 100 workers.
In Nevada, metal and nonmetal mining averaged 2.51 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
2007 * 0.00 0.00 0.000
2002 * 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. Highfield Corp 1993 to 2000
  2. Oglebay Norton Industrial Sands Inc 2000 to 2002
  3. CanAm Minerals Inc 2002 to 2005
  4. Black Mountain Industrial Minerals Inc 2005 to 2006
  5. Black Mountain Industrial Minerals LLC 2006 to 2011
  6. Black Mountain Materials Inc. 2011 to 2017
  7. Gopher Construction, Inc. 2017 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 7
2025 7
2024 5
2023 6
2022 4
2021 5
2020 4
2019 4
2018 2
2017 8
2014 0
2013 2
2012 10
2011 11
2010 10
2009 7
2008 9
2007 13
2006 8
2005 8
2004 9
2003 8
2002 10
2001 6
Source: MSHA quarterly employment and production, updated weekly.

Black Mountain sits in Churchill County, Nevada, where the Census mining category is 1.0% 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.
Churchill County, Nevada · Population 25,614
1.0%
Mining share of county employment
$73,268
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 Q1 3,996 0 0 0.0
2025 Q4 3,601 0 0 0.0
2025 Q3 4,312 0 0 0.0
2025 Q2 4,688 0 0 0.0
2025 Q1 3,321 0 0 0.0
2024 Q4 3,189 3 1 940.7
2024 Q3 3,896 0 0 0.0
2024 Q2 6,241 0 0 0.0
Show 78 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 1,867 0 0 0.0
2023 Q4 1,511 0 0 0.0
2023 Q3 4,795 0 0 0.0
2023 Q2 5,548 3 1 540.7
2023 Q1 3,112 1 0 321.3
2022 Q4 3,739 0 0 0.0
2022 Q2 1,646 7 2 4252.7
2022 Q1 315 0 0 0.0
2021 Q4 2,300 0 0 0.0
2021 Q3 2,730 0 0 0.0
2021 Q2 3,188 38 2 11919.7
2021 Q1 1,444 9 0 6232.7
2020 Q4 2,140 1 0 467.3
2020 Q3 3,060 13 4 4248.4
2020 Q2 2,606 0 0 0.0
2020 Q1 690 0 0 0.0
2019 Q4 1,817 0 0 0.0
2019 Q3 2,256 2 0 886.5
2019 Q2 765 0 0 0.0
2019 Q1 486 0 0 0.0
2018 Q4 898 0 0 0.0
2018 Q3 567 0 0 0.0
2018 Q2 887 0 0 0.0
2018 Q1 1,028 0 0 0.0
2017 Q4 2,144 6 2 2798.5
2017 Q3 2,618 2 1 763.9
2017 Q2 819 3 0 3663.0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 4,200 7 2 1666.7
2012 Q4 3,331 9 0 2701.9
2012 Q3 4,612 38 17 8239.4
2012 Q2 6,583 0 0 0.0
2012 Q1 4,866 27 9 5548.7
2011 Q4 2,406 0 0 0.0
2011 Q3 5,112 45 15 8802.8
2011 Q2 5,423 0 0 0.0
2011 Q1 4,452 1 0 224.6
2010 Q4 5,138 48 24 9342.2
2010 Q3 4,768 12 6 2516.8
2010 Q2 4,890 0 0 0.0
2010 Q1 4,801 0 0 0.0
2009 Q4 4,045 12 7 2966.6
2009 Q3 5,113 13 6 2542.5
2009 Q2 2,371 0 0 0.0
2009 Q1 2,286 0 0 0.0
2008 Q4 2,504 5 1 1996.8
2008 Q2 4,103 1 0 243.7
2008 Q1 4,293 4 0 931.7
2007 Q4 5,530 0 0 0.0
2007 Q3 5,095 0 0 0.0
2007 Q2 6,411 0 0 0.0
2007 Q1 4,351 0 0 0.0
2006 Q4 4,614 1 0 216.7
2006 Q3 5,250 0 0 0.0
2006 Q2 5,329 0 0 0.0
2006 Q1 3,927 20 8 5092.9
2005 Q4 4,180 0 0 0.0
2005 Q3 4,350 6 1 1379.3
2005 Q2 4,158 0 0 0.0
2005 Q1 3,649 5 1 1370.2
2004 Q4 3,567 0 0 0.0
2004 Q3 4,058 0 0 0.0
2004 Q2 3,435 0 0 0.0
2004 Q1 3,584 2 0 558.0
2003 Q4 3,546 0 0 0.0
2003 Q3 3,470 5 1 1440.9
2003 Q2 4,097 7 3 1708.6
2003 Q1 4,719 0 0 0.0
2002 Q4 5,128 0 0 0.0
2002 Q3 6,333 0 0 0.0
2002 Q2 5,132 5 2 974.3
2002 Q1 5,394 0 0 0.0
2001 Q4 3,769 0 0 0.0
2001 Q3 2,369 0 0 0.0
2001 Q2 720 3 0 4166.7
No fatalities recorded at this mine.

Reportable incidents

13 on file

2011 · 2 incidents

December 13, 2011 NV · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Black Mountain Materials Inc. · Fall onto or against objects

Injured worker was pulling on a large wrench trying to remove a nut. The wrench slipped off of the nut throwing the worker into a metal support causing the injury.

September 8, 2011 NV · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Black Mountain Industrial Minerals LLC · Fall from ladders

After medical investigation it was determined that the employee slipped/fell from a ladder causing primarily acute back pain and secondary rt. shoulder strain.

2009 · 2 incidents

December 23, 2009 NV · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Black Mountain Industrial Minerals LLC · Over-exertion in wielding or throwing objects

On 12/28/2009 we were notified that the injured worker was breaking ice with a chisel and hammer. The injury was caused by a repetitive motion.

March 31, 2009 NV · Metal/Non-Metal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor MACHINERY
Black Mountain Industrial Minerals LLC · Struck by flying object

Don't know how the accident happened, was welding prior during the day. Never felt anything wrong. Then his eye started to have discomfort (at 4:00 pm).

2008 · 1 incident

February 19, 2008 NV · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Black Mountain Industrial Minerals LLC · Fall to the walkway or working surface

Employee states was on a ladder installing pipe on a medwaster. Went to move ladder employee states he twisted and fell.

2006 · 3 incidents

August 1, 2006 NV · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver MACHINERY
Black Mountain Industrial Minerals LLC · Struck by flying object

Employee was using a drill bit and the bit brace. A piece of metal flung back in his eye.

May 27, 2006 NV · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Black Mountain Industrial Minerals LLC · Over-exertion in lifting objects

He was helping a truck driver load a truck. He turned wrong and injured his back.

2005 · 1 incident

February 24, 2005 NV · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
CanAm Minerals Inc · Over-exertion in lifting objects

Went to pick up a piece of plate 4" wide x 4' long thick. Stood up with it and back went out took him to his knees.

2004 · 2 incidents

April 26, 2004 NV · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
CanAm Minerals Inc · Over-exertion in lifting objects

EE WENT TO LIFT A TRAILER ONTO HITCH. EE BENT WRONG & STRAINED HIS BACK

April 1, 2004 NV · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
CanAm Minerals Inc · Struck by... (Not Elsewhere Classified)

EE WAS CUTTING THE ANGLE IRON AND IT DROPPED TO THE GROUND. AFTER IT FELL A PIECE NICKED HIS SHIN. HE NEVER REPORTED IT, BECAUSE IT WASN'T A BIG CUT. 2 WEEKS LATER A LIVER OF METAL GOT INFECTED IN HIS LEG.

2003 · 1 incident

January 31, 2003 NV · Metal/Non-Metal truck driver OTHER
CanAm Minerals Inc · Struck by flying object

CLEANING OUT RAILCAR - WIND BLEW SAND UNDER SAFETY GLASSES INTO RIGHT EYE.

1993 · 1 incident

December 17, 1993 NV · Metal/Non-Metal assistant mine foreman, assistant mine manager POWERED HAULAGE
Highfield Corp · Caught in, under or between (Not Elsewhere Classified)

SUPERVISOR RECIEVED INSTRUCTION FROM WITNESS TO START SCREEN #3. SUPERVISOR SOUNDED ALARM, WAITED 30 SECONDS AND STARTED BELT TO SCREEN #3. SUPERVISOR DID NOT KNOW THAT #1 MAN WAS DOING UNAUTH ORIZED REPAIRS TO SCREEN AND BELT #3. BELT #3 IS NOT VISIBLE FROM CONTROL ROOM.