Mining Incidents

Burnett Pit: 16 MSHA citations Metal/Non-Metal

Controlled by Tyler Kimzey
Roscoe, Keith County, NE  ·  Abandoned
MSHA Mine ID: 2501055

Burnett Pit has $4K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2003
16
citations
8
significant & substantial
$3,752
proposed penalties
$3,642
paid to date
97% of proposed penalties paid to date, a $110 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
16
inspections on record
146
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: 146 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Burnett Pit has $4K in proposed MSHA penalties and $0 outstanding across 2 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.
$4K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
16 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2011-03-30.
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.
50.0%
significant & substantial
0.0%
high negligence or reckless
50.0%
reasonably likely or greater
75.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.2% low, 93.8% moderate, 0.0% 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.
4 citations taken to the federal commission · 25% of citations on record
  • Settled 4 · 100%
100%
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 4 decided S&S contests · industry: 79%
6%
Penalty reduction in decided contests
$2K 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 2011-11-25.
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 2011-1100M Settlement Manning 2012 $2K → $2K
CENT 2010-1124M Settlement Lesnick 2011 $243 → $243
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Anderson Sand & Gravel 1986 to 1996
  2. Anderson Sand & Gravel 1996 to 2017
  3. Pine Bluffs Gravel & Excavating 2017 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2012 2
2011 2
2010 2
2009 2
2008 2
2007 2
2006 2
2005 2
2004 2
2003 2
2002 2
2001 2
2000 2
Source: MSHA quarterly employment and production, updated weekly.

Burnett Pit sits in Keith County, Nebraska, where the Census mining category is 2.1% 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.
Keith County, Nebraska · Population 8,239
2.1%
Mining share of county employment
$58,132
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
2012 Q2 60 0 0 0.0
2012 Q1 60 0 0 0.0
2011 Q4 500 0 0 0.0
2011 Q3 750 0 0 0.0
2011 Q2 650 0 0 0.0
2011 Q1 60 1 0 16666.7
2010 Q4 350 0 0 0.0
2010 Q3 750 0 0 0.0
Show 42 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q2 950 8 6 8421.1
2010 Q1 60 0 0 0.0
2009 Q4 60 0 0 0.0
2009 Q3 350 0 0 0.0
2009 Q2 500 2 1 4000.0
2009 Q1 75 0 0 0.0
2008 Q4 60 0 0 0.0
2008 Q3 350 0 0 0.0
2008 Q2 300 3 1 10000.0
2008 Q1 60 0 0 0.0
2007 Q4 60 0 0 0.0
2007 Q3 500 0 0 0.0
2007 Q2 1,000 1 0 1000.0
2007 Q1 60 0 0 0.0
2006 Q4 500 0 0 0.0
2006 Q3 500 0 0 0.0
2006 Q2 500 0 0 0.0
2006 Q1 500 0 0 0.0
2005 Q4 500 0 0 0.0
2005 Q3 60 0 0 0.0
2005 Q2 500 0 0 0.0
2005 Q1 60 0 0 0.0
2004 Q4 500 0 0 0.0
2004 Q3 1,400 0 0 0.0
2004 Q2 1,000 0 0 0.0
2004 Q1 500 0 0 0.0
2003 Q4 500 0 0 0.0
2003 Q3 1,000 1 0 1000.0
2003 Q2 1,000 0 0 0.0
2003 Q1 350 0 0 0.0
2002 Q4 500 0 0 0.0
2002 Q3 500 0 0 0.0
2002 Q2 1,000 0 0 0.0
2002 Q1 350 0 0 0.0
2001 Q4 0 0 0
2001 Q3 500 0 0 0.0
2001 Q2 500 0 0 0.0
2001 Q1 350 0 0 0.0
2000 Q4 500 0 0 0.0
2000 Q3 500 0 0 0.0
2000 Q2 500 0 0 0.0
2000 Q1 500 0 0 0.0

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.