Mining Incidents

Brewer Sand: 125 MSHA citations Metal/Non-Metal

FML Sand LLC · Surface
Controlled by New Covia Energy LLC
PERRYVILLE, Perry County, MO  ·  Abandoned
MSHA Mine ID: 2302364

Brewer Sand has $80K in proposed MSHA penalties and $0 outstanding across 15 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
22
Years on record
2007–2018
Latest incident
Apr 2018
Compliance record
MSHA citations since 2007
125
citations
37
significant & substantial
$79,914
proposed penalties
$69,770
paid to date
87% of proposed penalties paid to date, a $10,144 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
49
inspections on record
785
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: 785 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Brewer Sand has $80K in proposed MSHA penalties and $0 outstanding across 15 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.
$80K
proposed penalties
$70K
current assessed
$70K
paid to date
$0
outstanding
125 assessments are final orders; 15 contested dockets.
Of $63K in penalties contested before the Commission, $53K was upheld in final decisions.
As of the most recent assessment on 2018-04-18.
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.
29.6%
significant & substantial
12.8%
high negligence or reckless
29.6%
reasonably likely or greater
42.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.0% low, 67.2% moderate, 12.8% 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.
44 citations taken to the federal commission · 35% of citations on record
  • Settled 38 · 86%
  • Stood as issued 4 · 9%
  • Vacated or withdrawn 2 · 5%
89%
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 19 decided S&S contests · industry: 79%
17%
Penalty reduction in decided contests
$63K proposed, $53K 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 2013-07-17.
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
CENT 2011-105M Settlement Zielinski 2012 $15K → $15K
CENT 2012-508M Default Simonton 2013 $12K → $12K
CENT 2010-530M Dismissal Lesnick 2011 $8K → $5K
CENT 2013-13M Settlement Simonton 2013 $6K → $4K
CENT 2012-22M Settlement Simonton 2013 $6K → $4K
CENT 2011-614M Settlement Zielinski 2012 $5K → $5K
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: 2018-04-18, 8 years ago
37%
of limit-tested samples over the exposure limit
42
samples
19
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz207 over
  • Respirable dust, <.1mg21
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (42)
Date Contaminant Concentration Limit Conc / limit Occupation
2015-04-01 Quartz, respirable, >1% Qtz 0.25 0.17 1.47 Utility Man
2012-08-08 Quartz, respirable, >1% Qtz 0.78 0.36 2.17 Crusher Oper/Worker
2012-08-08 Quartz, respirable, >1% Qtz 0.36 0.27 1.33 Utility Man
2012-08-08 Quartz, respirable, >1% Qtz 0.31 0.21 1.48 Utility Man
2012-01-11 Quartz, respirable, >1% Qtz 0.61 0.28 2.18 Laborer, Bullgang
2012-01-11 Quartz, respirable, >1% Qtz 0.57 0.14 4.07 Laborer, Bullgang
2012-01-11 Quartz, respirable, >1% Qtz 0.95 0.16 5.94 Laborer, Bullgang
2018-04-18 Quartz, respirable, >1% Qtz 0.15 Bulldozer Operator
2018-04-18 Respirable dust, <.1mg 0 Crusher Oper/Worker
2018-04-18 Respirable dust, <.1mg 0 Bulldozer Operator
2018-04-18 Quartz, respirable, >1% Qtz 0.18 0.28 0.64 Utility Man
2017-11-07 Respirable dust, <.1mg 0 Kiln/Dryer Operator
2017-11-07 Quartz, respirable, >1% Qtz 0.23 0.24 0.96 Lab Technician
2017-11-07 Respirable dust, <.1mg 0 Front-end Loader Operator
2015-04-01 Respirable dust, <.1mg 0 Utility Man
2015-04-01 Respirable dust, <.1mg 0 Utility Man
2015-04-01 Respirable dust, <.1mg 0 Mechanic
2012-12-04 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2012-12-04 Respirable dust, <.1mg 0 Washer Operator
2012-12-04 Respirable dust, <.1mg 0 Utility Man
2012-08-08 Respirable dust, <.1mg 0 Crusher Oper/Worker
2012-03-29 Quartz, respirable, >1% Qtz 0.19 0.23 0.83 Laborer, Bullgang
2012-03-29 Quartz, respirable, >1% Qtz 0.26 0.62 0.42 Laborer, Bullgang
2012-03-29 Quartz, respirable, >1% Qtz 0.16 0.3 0.53 Laborer, Bullgang
2012-01-11 Respirable dust, <.1mg 0 Laborer, Bullgang
2012-01-11 Respirable dust, <.1mg 0 Mechanic
2010-12-08 Respirable dust, <.1mg 0 Drill Operator, Rotary
2010-12-08 Unlisted Particulate, respirable, <1% Qtz 0.12 Building Repair/Maint.
2010-12-08 Respirable dust, <.1mg 0 Building Repair/Maint.
2010-12-08 Quartz, respirable, >1% Qtz 0.28 0.36 0.78 Truck Loader
2010-12-08 Respirable dust, <.1mg 0 Truck Driver
2009-12-30 Respirable dust, <.1mg 0 Truck Loader
2009-12-30 Respirable dust, <.1mg 0 Truck Loader
2009-12-30 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2009-12-30 Quartz, respirable, >1% Qtz 0.13 1.2 0.11 Utility Man
2009-12-30 Quartz, respirable, >1% Qtz 0.18 1.69 0.11 Washer Operator
2008-12-03 Quartz, respirable, >1% Qtz 0.23 0.44 0.52 Dry Screen Plant Operator
2008-12-03 Quartz, respirable, >1% Qtz 0.3 0.74 0.41 Utility Man
2008-12-03 Quartz, respirable, >1% Qtz 0.25 1.1 0.23 Utility Man
2007-08-01 Respirable dust, <.1mg 0 Truck Driver
2007-08-01 Quartz, respirable, >1% Qtz 0.18 0.59 0.31 Lab Technician
2007-08-01 Respirable dust, <.1mg 0 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.

Brewer Sand recorded 1.69 reportable injury cases per 100 full-time workers in 2018.

Injury rate, 2018
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.
1.69
total case rate
1.69
days-away rate
0.000
fatality rate
Below average. The US metal and nonmetal mining average was 1.95 and the all-US-mining average was 2.33 cases per 100 workers.
In Missouri, metal and nonmetal mining averaged 2.63 cases per 100 workers that year.
Year total case rate days-away fatal
2018 1.69 1.69 0.000
2017 3.58 0.00 0.000
2012 4.53 0.00 0.000
2011 3.85 0.00 0.000
2010 8.49 5.66 0.000
2009 * 4.36 2.18 0.000
2008 * 4.69 4.69 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. FTS International Services LLC 2007 to 2014
  2. FML Sand LLC 2014 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2018 54
2017 46
2015 35
2014 23
2013 51
2012 64
2011 84
2010 67
2009 42
2008 36
2007 25
Source: MSHA quarterly employment and production, updated weekly.

Brewer Sand sits in Perry County, Missouri, where the Census mining category is 0.9% 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.
Perry County, Missouri · Population 18,947
0.9%
Mining share of county employment
$63,356
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
2018 Q4 18,011 0 0 0.0
2018 Q3 29,575 0 0 0.0
2018 Q2 35,041 6 1 171.2
2018 Q1 35,766 0 0 0.0
2017 Q4 36,553 3 0 82.1
2017 Q3 37,076 0 0 0.0
2017 Q2 30,078 1 1 33.2
2017 Q1 8,160 4 0 490.2
Show 28 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q2 9,134 1 1 109.5
2015 Q1 18,255 3 0 164.3
2014 Q4 17,751 2 0 112.7
2014 Q3 336 0 0 0.0
2013 Q2 33,824 4 2 118.3
2013 Q1 30,809 2 0 64.9
2012 Q4 25,562 3 2 117.4
2012 Q3 29,310 4 2 136.5
2012 Q2 33,884 1 0 29.5
2012 Q1 43,651 7 2 160.4
2011 Q4 44,475 2 1 45.0
2011 Q3 50,254 24 8 477.6
2011 Q2 57,424 0 0 0.0
2011 Q1 55,382 1 0 18.1
2010 Q4 48,195 4 0 83.0
2010 Q3 37,869 4 3 105.6
2010 Q2 27,734 2 0 72.1
2010 Q1 27,616 0 0 0.0
2009 Q4 25,412 12 2 472.2
2009 Q3 22,673 1 0 44.1
2009 Q2 22,380 8 1 357.5
2009 Q1 21,346 0 0 0.0
2008 Q4 19,759 3 2 151.8
2008 Q3 20,022 1 1 49.9
2008 Q2 21,123 0 0 0.0
2008 Q1 24,380 0 0 0.0
2007 Q4 18,777 1 0 53.3
2007 Q3 14,807 10 0 675.4
No fatalities recorded at this mine.

Reportable incidents

22 on file

2018 · 1 incident

April 15, 2018 MO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
FML Sand LLC · Over-exertion (Not Elsewhere Classified)

This was initially a first aid incident until the employee had surgery on 5/1/2018 and is now a restricted duty injury. Employee was rotating a sheave on a pump when EE heard a pop and felt pain in left calf. Originally a muscle strain.

2017 · 3 incidents

November 30, 2017 MO · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
FML Sand LLC · Struck by... (Not Elsewhere Classified)

Employee was changing screens on the lower deck of the north primary screen in the Wash Plant. Employee used a razor utility knife to cut a rubber gasket down to size. The blade slipped off of the rubber and cut through the glove and the employee's right hand. Employee was taken to the emergency room and received stitches.

October 16, 2017 MO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
FML Sand LLC · Caught in, under or between a moving and a stationary object

EE was operating a walk-behind skid steer under a conveyor. EE pinched left hand between the bottom of the conveyor frame & the control panel of the skid steer.

May 4, 2017 MO · Metal/Non-Metal utility man, shift tech, service/dump truck operator MACHINERY
FML Sand LLC · Caught in, under or between running or meshing objects

Employee was checking rotex screen for possible plugged chute. As the screen was stopping, employee placed hands and right foot against the screen to stop it when the screen shifted causing employees foot to slip in between the screen and the chute resulting in sprain and bruises on right foot/ankle.

2012 · 3 incidents

September 20, 2012 MO · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
FTS International Services LLC · Struck by falling object

While lifting a part, employee dropped it, hitting his leg. Resulting in a laceration requiring 3 stitches.

April 26, 2012 MO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
FTS International Services LLC · Over-exertion in pulling or pushing objects

The employee states he injured his left knee while pushing cat-walk down under silo #10

February 20, 2012 MO · Metal/Non-Metal ledgeman/hand, quarry man HANDLING OF MATERIALS
FTS International Services LLC · Struck by falling object

The employee was dumping sand down a waste sand chute. The sand back drafted onto the employees face. The employee was wearing all appropriate PPE. Sand debris got into the employees left eye. The employee was taken to a local doctor were he was given a preventive prescription ointment (TobraDex).

2011 · 4 incidents

October 26, 2011 MO · Metal/Non-Metal quality control technician, laboratory technician, laboratory assistant HANDLING OF MATERIALS
FTS International Services LLC · Over-exertion in lifting objects

Employee was carrying a waste (5 gallon) bucket. As the employee attempted to raise the pale for disposal of the content, the employee felt a pain in his right shoulder.

August 3, 2011 MO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
FTS International Services LLC · Absorption of radiations, caustics, toxic and noxious substances

employee was taking sand sample from port hot sand went down his left hand glove, reached in with right hand to get glove off, when sample port door fell on arm and burnt his left forearm.

March 23, 2011 MO · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
FTS International Services LLC · Fall onto or against objects

Conex outside of shop. Building shelves, tripped on board and shelf employee was carrying fell on arm.

2010 · 6 incidents

December 7, 2010 MO · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
FTS International Services LLC · Struck by... (Not Elsewhere Classified)

The employee was using his pocket knife to cut and repair a hose, when the knife closed on his right index finger and cutting it.

July 26, 2010 MO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
FTS International Services LLC · Struck against stationary object

Employee was shoveling out the hopper above #1 conveyor and struck his hand against the side of the metal hopper. Employee had a laceration on his right hand, middle finger that required medical treatment.

July 6, 2010 MO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
FTS International Services LLC · Over-exertion (Not Elsewhere Classified)

Employee stepped off a concrete platform in plant area and slipped twisting his left ankle causing an ankle sprain.

June 24, 2010 MO · Metal/Non-Metal pumper SLIP OR FALL OF PERSON
FTS International Services LLC · Fall onto or against objects

Employee was working in plant area excavating concrete and he tripped in one of the open areas. He fell against the lid of a screw conveyor cutting his right forearm. The laceration required stitches.

May 10, 2010 MO · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech ELECTRICAL
FTS International Services LLC · Flash burns (electric)

Employee was working in the MCC room of the plant dryer checking out electrical contacts. While testing the contacts, the contacts caused a flash while he was standing by the control box. He did not think he had any problems until he woke up the next morning and he had pain in both eyes. He was diagnosed with corneal burns and was given eye drops to releive the condition.

January 19, 2010 MO · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
FTS International Services LLC · Fall to the walkway or working surface

Employee was replacing a flocculent tote, when some of the material was spilled in the area he was working. Employee slipped on the material and fell onto his left shoulder. He received a bruise/sprain on the left shoulder.

2009 · 2 incidents

June 16, 2009 MO · Metal/Non-Metal pumper HANDTOOLS (NONPOWERED)
FTS International Services LLC · Struck by... (Not Elsewhere Classified)

Employee was cutting a rubber hose with a utility knife when the safety lock on the knife released cutting the employees finger. The laceration required stitches.

February 15, 2009 MO · Metal/Non-Metal tipple/top lander/skip dumper operator, binman, topman HANDLING OF MATERIALS
FTS International Services LLC · Over-exertion in lifting objects

Employee tried to move the Rotap and sound enclosure by himself. He stated he had made similar moves by himself several times. This time, he said he must have twisted the wrong way because he ended up straining an abdomen muscle and a groin muscle.

2008 · 2 incidents

September 26, 2008 MO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
FTS International Services LLC · Fall to the walkway or working surface

There no were hazards that contributed to the accident. The walkway was well lit, the weather was clear and there were no tripping hazards.

February 13, 2008 MO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
FTS International Services LLC · Fall to the walkway or working surface

The ground was covered with ice and snow. Employee slipped while walking to work area and fell. He landed on a rock and hurt his back.

2007 · 1 incident

August 24, 2007 MO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
FTS International Services LLC · Over-exertion (Not Elsewhere Classified)

Employee twisted/hyperextended left knee as he dismounted a 980 Cat loader. He reported the accident but thought it would get better. Employee stated there were no safety issues that contributed to the accident, that it "just happened". Employee was working until 9/27/07.