Mining Incidents

BOERNER PITS & PLANT: 70 MSHA citations Metal/Non-Metal

Gillespie County, Gillespie County, TX  ·  Abandoned
MSHA Mine ID: 4101171

BOERNER PITS & PLANT has $18K in proposed MSHA penalties and $60 outstanding across 11 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at BOERNER PITS & PLANT.

Fatalities
0
Total incidents
6
Years on record
1984–2002
Latest incident
Feb 2002
Compliance record
MSHA citations since 2000
70
citations
30
significant & substantial
$17,965
proposed penalties
$9,288
paid to date
52% of proposed penalties paid to date, a $8,677 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
14
inspections on record
184
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: 184 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

BOERNER PITS & PLANT has $18K in proposed MSHA penalties and $60 outstanding across 11 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.
$18K
proposed penalties
$9K
current assessed
$9K
paid to date
$60
outstanding
68 assessments are final orders; 11 contested dockets.
Of $18K in penalties contested before the Commission, $9K was upheld in final decisions.
As of the most recent assessment on 2004-02-03.
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.
43.5%
significant & substantial
30.4%
high negligence or reckless
46.4%
reasonably likely or greater
71.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.9% low, 53.6% moderate, 30.4% 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.
9 citations taken to the federal commission · 13% of citations on record
  • Settled 7 · 78%
  • Vacated or withdrawn 1 · 11%
  • Still open 1 · 11%
80%
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 5 decided S&S contests · industry: 79%
59%
Penalty reduction in decided contests
$4K proposed, $2K 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 2005-02-24.
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
CENT20000245M Settlement Zielinski 2000 $6K → $3K
CENT 2004-211M Prevail Hodgdon 2005 $3K → $700
CENT20000394M Settlement Bulluck 2001 $2K → $750
CENT20030141M Settlement Melick 2003 $1K → $485
CENT 2004-61-M Settlement Hodgdon 2004 $1K → $1K
CENT 2005-112M Settlement Zielinski 2005 $1K → $885
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

BOERNER PITS & PLANT recorded 0.00 reportable injury cases per 100 full-time workers in 2001.

Injury rate, 2001
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 4.48 and the all-US-mining average was 5.26 cases per 100 workers.
In Texas, metal and nonmetal mining averaged 3.55 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.
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. Weirich Brothers Inc 1950 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2004 2
2003 7
2002 9
2001 7
2000 6
Source: MSHA quarterly employment and production, updated weekly.

BOERNER PITS & PLANT sits in Gillespie County, Texas, where the Census mining category is 0.5% 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.
Gillespie County, Texas · Population 27,202
0.5%
Mining share of county employment
$67,799
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
2004 Q3 0 0 0
2004 Q2 0 0 0
2004 Q1 2,934 7 0 2385.8
2003 Q4 3,924 0 0 0.0
2003 Q3 4,359 31 14 7111.7
2003 Q2 3,995 0 0 0.0
2003 Q1 3,905 0 0 0.0
2002 Q4 3,848 0 0 0.0
Show 11 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2002 Q3 5,151 4 1 776.5
2002 Q2 5,377 0 0 0.0
2002 Q1 5,073 0 0 0.0
2001 Q4 4,669 4 0 856.7
2001 Q3 8,081 0 0 0.0
2001 Q2 4,356 0 0 0.0
2001 Q1 3,664 0 0 0.0
2000 Q4 4,050 11 5 2716.0
2000 Q3 638 0 0 0.0
2000 Q2 4,838 0 0 0.0
2000 Q1 5,695 13 10 2282.7
No fatalities recorded at this mine.

Reportable incidents

6 on file

2002 · 1 incident

February 8, 2002 TX · Metal/Non-Metal truck driver SLIP OR FALL OF PERSON
Weirich Brothers Inc · Fall onto or against objects

EE WAS WALKING ALONG AND STUMBLED OVER A COME ALONG FALLING TO THE GROUND. HE WENT TO THE DR AND X RAY SHOWED HE HAD BROKEN HIS LEFT ARM ABOVE THE WRIST. HE WAS ISSUED A SOFT CASE AND RETURNED TO WORK. HE WORE THE CAST FOR TWO WEEKS BUT DIDNT MISS WORK.

1999 · 1 incident

January 20, 1999 TX · Metal/Non-Metal mine manager, mine foreman, mine owner POWERED HAULAGE
Weirich Brothers Inc · Struck by... (Not Elsewhere Classified)

EE WAS PERFORMING MAINTENANCE WHEN THE SPRING ON SHAKER SCREEN CAME LOOSE HITTING HIM IN THE EYE.

1998 · 1 incident

July 17, 1998 TX · Metal/Non-Metal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor SLIP OR FALL OF PERSON
Weirich Brothers Inc · Fall onto or against objects

HE WAS PERFORMING MAINTENANCE DUTIES WHEN HE TRIPPED OVER A BATTERY AND BROKE HIS LEFT ARM.

1997 · 2 incidents

May 26, 1997 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Weirich Brothers Inc · Caught in, under or between a moving and a stationary object

EE WAS STANDING BETWEEN 2 TRUCKS WHEN 1 ROLLED CATCHING HIS RIGHT LEG.

January 24, 1997 TX · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDTOOLS (NONPOWERED)
Weirich Brothers Inc · Struck by... (Not Elsewhere Classified)

AN EE WAS HELPING TO REPAIR A BROKEN CABLE ON THE DRAGLINE. HE WAS DRIVING A WEDGE THROUGH THE CABLE WHEN A PIECE OF METAL FLEW FROM THE HAMMER OR WEDGE AND INTO HIS EYE. HE WAS NOT WEARING SA FETY GLASSES. SURGERY WAS REQUIRED ON HIS EYE. THE MINE OPERATOR MAKES AVAILABLE SAFETY GLASSES TO ALL EES.

1984 · 1 incident

April 30, 1984 TX · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger MACHINERY
Weirich Brothers Inc · Flash burns (welding)

I.NAME & I.NAME WERE CHANGING SCREENS ON CRUSHER PLANT WHILE ANOTHER EE WAS WELDING ON CRUSHER PLANT NEAR BY. FOR SOME UNKNOWN REASON I.NAME LOOKED AT MAN WELDING ON CRUSHER & BURNED BOTH EYE S. I.NAME DID NOT REALIZE THAT HIS EYES HAD BEEN BURNED UNTIL LATE THAT EVENING.