Mining Incidents

Brownlee Construction Inc: 39 MSHA citations Metal/Non-Metal

Watertown, Codington County, SD  ·  Intermittent
MSHA Mine ID: 3901318

Brownlee Construction Inc has $17K in proposed MSHA penalties and $0 outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
1991–1999
Latest incident
Aug 1999
Compliance record
MSHA citations since 2001
39
citations
13
significant & substantial
$16,662
proposed penalties
$12,967
paid to date
78% of proposed penalties paid to date, a $3,695 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
40
inspections on record
450
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: 450 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Brownlee Construction Inc has $17K in proposed MSHA penalties and $0 outstanding across 8 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.
$17K
proposed penalties
$13K
current assessed
$13K
paid to date
$0
outstanding
34 assessments are final orders; 8 contested dockets.
Of $13K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2025-08-28.
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.
38.2%
significant & substantial
11.8%
high negligence or reckless
38.2%
reasonably likely or greater
58.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 14.7% low, 73.5% moderate, 11.8% 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.
10 citations taken to the federal commission · 26% of citations on record
  • Settled 10 · 100%
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%
27%
Penalty reduction in decided contests
$13K 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 2015-10-14.
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 2009-859M Settlement Lesnick 2010 $4K → $4K
CENT 2010-411M Settlement Harner 2012 $4K → $4K
CENT 2011-1120M Settlement Harner 2012 $4K → $1K
CENT 2009-860M Settlement Lesnick 2010 $971 → $293
CENT 2016-0029 Settlement Miller 2016 $217 → $200
CENT 2010-412M Settlement Lesnick 2010 $100 → $100
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: 2005-10-13, 20 years ago
0%
of limit-tested samples over the exposure limit
6
samples
4
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz4
  • Respirable dust, <.1mg2
Show the individual readings (6)
Date Contaminant Concentration Limit Conc / limit Occupation
2005-10-13 Quartz, respirable, >1% Qtz 0.16 1.36 0.12 Bobcat Operator
2005-10-13 Quartz, respirable, >1% Qtz 0.3 0.79 0.38 Crusher Oper/Worker
2005-10-13 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-11-17 Respirable dust, <.1mg 0 Laborer, Bullgang
2004-11-17 Quartz, respirable, >1% Qtz 0.17 0.76 0.22 Crusher Oper/Worker
2003-10-29 Quartz, respirable, >1% Qtz 0.16 0.83 0.19 Crusher Oper/Worker

Area samples (mill and shop air)

Last sampled: 2014-07-28, 12 years ago
2
samples
Show the individual readings (2)
Date Contaminant Concentration Limit Conc / limit Area sampled
2014-07-28 Respirable dust, <.1mg 0 SF ACTIVE MINING
2014-07-28 Respirable dust, <.1mg 0 SF ACTIVE MINING
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.
Ownership history
  1. Brownlee Construction Company 1985 to 1990
  2. Brownlee Construction Inc 1990 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 4
2025 5
2024 4
2023 5
2022 4
2021 3
2020 4
2019 4
2018 3
2017 3
2016 4
2015 3
2014 3
2013 3
2012 4
2011 4
2010 4
2009 3
2008 4
2007 5
2006 4
2005 4
2004 4
2003 4
2002 5
2001 5
2000 5
Source: MSHA quarterly employment and production, updated weekly.

Brownlee Construction Inc sits in Codington County, South Dakota, where the Census mining category is 0.0% 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.
Codington County, South Dakota · Population 28,556
0.0%
Mining share of county employment
$65,080
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 Q2 2,613 0 0 0.0
2026 Q1 0 0 0
2025 Q4 3,865 0 0 0.0
2025 Q3 5,046 1 0 198.2
2025 Q2 1,935 0 0 0.0
2025 Q1 0 0 0
2024 Q4 2,345 0 0 0.0
2024 Q3 3,349 0 0 0.0
Show 97 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 2,108 0 0 0.0
2024 Q1 0 0 0
2023 Q4 2,235 0 0 0.0
2023 Q3 4,276 1 0 233.9
2023 Q2 2,643 0 0 0.0
2023 Q1 0 0 0
2022 Q4 2,421 0 0 0.0
2022 Q3 3,783 0 0 0.0
2022 Q2 3,365 0 0 0.0
2022 Q1 0 0 0
2021 Q4 3,314 0 0 0.0
2021 Q3 4,232 0 0 0.0
2021 Q1 0 0 0
2020 Q4 3,272 1 0 305.6
2020 Q3 4,157 0 0 0.0
2020 Q2 2,959 0 0 0.0
2020 Q1 0 0 0
2019 Q4 2,911 0 0 0.0
2019 Q3 3,563 0 0 0.0
2019 Q2 3,140 0 0 0.0
2019 Q1 0 0 0
2018 Q4 1,091 0 0 0.0
2018 Q3 858 0 0 0.0
2018 Q2 2,295 0 0 0.0
2018 Q1 0 0 0
2017 Q4 1,217 0 0 0.0
2017 Q3 3,602 0 0 0.0
2017 Q2 3,358 0 0 0.0
2017 Q1 0 0 0
2016 Q4 1,420 0 0 0.0
2016 Q3 2,985 0 0 0.0
2016 Q2 2,137 6 2 2807.7
2016 Q1 0 0 0
2015 Q4 2,578 0 0 0.0
2015 Q3 4,084 1 0 244.9
2015 Q2 2,598 4 0 1539.6
2015 Q1 0 0 0
2014 Q4 1,690 0 0 0.0
2014 Q3 3,181 1 0 314.4
2014 Q2 2,970 0 0 0.0
2014 Q1 0 0 0
2013 Q4 2,074 0 0 0.0
2013 Q3 3,146 0 0 0.0
2013 Q2 1,917 1 0 521.6
2013 Q1 0 1 0
2012 Q4 2,336 0 0 0.0
2012 Q3 870 0 0 0.0
2012 Q2 2,533 0 0 0.0
2012 Q1 0 0 0
2011 Q4 1,995 0 0 0.0
2011 Q3 4,061 0 0 0.0
2011 Q2 2,179 2 2 917.9
2011 Q1 1 0 0 0.0
2010 Q4 2,663 0 0 0.0
2010 Q3 3,166 0 0 0.0
2010 Q2 2,475 0 0 0.0
2010 Q1 1 0 0 0.0
2009 Q4 1,832 5 1 2729.3
2009 Q3 2,738 5 3 1826.2
2009 Q2 1,430 0 0 0.0
2009 Q1 1 0 0 0.0
2008 Q4 2,192 0 0 0.0
2008 Q3 2,477 0 0 0.0
2008 Q2 2,125 0 0 0.0
2008 Q1 960 0 0 0.0
2007 Q4 1,765 0 0 0.0
2007 Q3 3,194 0 0 0.0
2007 Q2 2,092 0 0 0.0
2007 Q1 1,580 0 0 0.0
2006 Q4 3,039 0 0 0.0
2006 Q3 3,159 0 0 0.0
2006 Q2 2,367 0 0 0.0
2006 Q1 984 0 0 0.0
2005 Q4 2,421 6 3 2478.3
2005 Q3 3,764 0 0 0.0
2005 Q2 2,404 0 0 0.0
2005 Q1 1,230 0 0 0.0
2004 Q4 2,505 1 1 399.2
2004 Q3 3,062 0 0 0.0
2004 Q2 2,552 0 0 0.0
2004 Q1 804 0 0 0.0
2003 Q4 2,170 0 0 0.0
2003 Q3 3,067 0 0 0.0
2003 Q2 2,545 0 0 0.0
2003 Q1 922 0 0 0.0
2002 Q4 2,739 2 1 730.2
2002 Q3 2,943 0 0 0.0
2002 Q2 1,521 0 0 0.0
2002 Q1 490 0 0 0.0
2001 Q4 2,355 0 0 0.0
2001 Q3 2,872 0 0 0.0
2001 Q2 1,793 1 0 557.7
2001 Q1 892 0 0 0.0
2000 Q4 2,103 0 0 0.0
2000 Q3 2,766 0 0 0.0
2000 Q2 2,413 0 0 0.0
2000 Q1 924 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

5 on file

1999 · 1 incident

August 27, 1999 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Brownlee Construction Inc · Fall from machine

OPERATOR STEPPED OFF BOTTOM STEP OF PAYLOADER AND TWISTED ANKLE.

1994 · 1 incident

June 30, 1994 SD · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator POWERED HAULAGE
Brownlee Construction Inc · Fall from machine

SETTING A CONVEYOR IN PLACE USING CHAIN ON LOADER. GUARD JERKED ANDMAN ON CONVEYOR SLIPPED AND HIT HIS SIDE ON PIECE OF HOPPER. KNOCKED WIND OT OF HIM. LATER IN EVENING STARTED HURTING INR IB AREA. HAD X-RAYS HSOWED 2 BROKE RIBS.

1993 · 1 incident

May 21, 1993 SD · Metal/Non-Metal mine manager, mine foreman, mine owner POWERED HAULAGE
Brownlee Construction Inc · Caught in, under or between (Not Elsewhere Classified)

EE WAS WATCHING THE FEED CONVEYOR AND A LARGE ROCK CLOSED THE REGULARY COAL HOPPER 2 AT HAS FINGER DOOR DID NOT GOES AUTOMATICALLY DOOR TO THE RISE OF THE ROCK.

1992 · 1 incident

June 25, 1992 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Brownlee Construction Inc · Over-exertion (Not Elsewhere Classified)

EE WAS REMOVING SOME BARBED WIRE AROUND A NEW PIT SITE HE CLIPPED WHILE PULLING IT AND PULLED A MUSCLE IN HIS BACK.

1991 · 1 incident

August 28, 1991 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Brownlee Construction Inc · Struck against a moving object

WHILE DRIVING LOADER TO PUSHING A LOAD OF GRAVEL. ANOTHER LOADER OPERATOR WAS HOOKE UP AND HAMPER INTO EE LOOKS CAUSING WHIPLASH PULLED LIGAMENT IN NECK AND BACK.