Mining Incidents

Burton #1 Mine: 25 MSHA citations Coal

Controlled by James J Wayland
Alton, Kane County, UT  ·  Abandoned
MSHA Mine ID: 4202639

Burton #1 Mine has $85K in proposed MSHA penalties and $0 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2015
Latest incident
May 2015
Compliance record
MSHA citations since 2015
25
citations
5
significant & substantial
$84,966
proposed penalties
$10,766
paid to date
13% of proposed penalties paid to date, a $74,200 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2015
21
inspections on record
1,009
inspection hours
2.5
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.
25 citations across 1,009 inspection hours.
Source: MSHA inspections data, updated weekly.

Burton #1 Mine has $85K in proposed MSHA penalties and $0 outstanding across 5 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.
$85K
proposed penalties
$11K
current assessed
$11K
paid to date
$0
outstanding
25 assessments are final orders; 5 contested dockets.
Of $84K in penalties contested before the Commission, $9K was upheld in final decisions.
As of the most recent assessment on 2017-02-01.
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.
20.0%
significant & substantial
12.0%
high negligence or reckless
20.0%
reasonably likely or greater
20.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.0% low, 84.0% moderate, 12.0% 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.
15 citations taken to the federal commission · 60% of citations on record
  • Settled 13 · 87%
  • Vacated or withdrawn 2 · 13%
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%
89%
Penalty reduction in decided contests
$84K proposed, $9K 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 2017-06-22.
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 2017-0525 Settlement Manning 2017 $82K → $8K
WEST 2016-0353 Settlement Manning 2016 $907 → $807
WEST 2015-0759 Settlement Manning 2015 $238 → $238
WEST 2015-0837 Settlement Manning 2016 $200 → $100
WEST 2016-0011 Settlement Lesnick 2016 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Burton #1 Mine shows 97% of 36 respirable coal dust samples met the 1.5 mg/m3 standard.

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.

Respirable coal dust
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.

Last sampled: 2016-10-17, 9 years ago
97%
within 1.5 mg/m3
36
samples
1.53
dust max (mg/m3)
0
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
21 samples taken by MSHA inspectors, 15 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR17
  • UTILITY MAN3
  • LABORER/BLACKSMITH2

Silica (quartz)

Last sampled: 2016-03-01, 10 years ago
5.7
silica avg (%)
2
samples
6.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR2

Noise
The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.

Last sampled: 2016-08-29, 10 years ago
0%
over PEL
12
samples
Most-sampled occupations
  • LABORER/BLACKSMITH6
  • UTILITY MAN2
  • CONTINUOUS MINER OPERATOR1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Health sampling trend
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.
Respirable coal dust by year
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.
Year within 1.5 mg/m3 samples
2016 100% 13
2015 96% 23
Silica (quartz) by year
Year silica avg (%) samples
2016 4.6 1
2015 6.7 1
Noise by year
Year over PEL samples
2016 0% 6
2015 0% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Alton Coal Development LLC 2014 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Coal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year Employees Coal produced (tons)
2019 0
2018 0
2017 1
2016 8 33,884
2015 9 10,910
2014 2
Source: MSHA quarterly employment and production, updated weekly.

Burton #1 Mine sits in Kane County, Utah, where the Census mining category is 0.7% 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.
Kane County, Utah · Population 7,996
0.7%
Mining share of county employment
$75,000
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
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 0 0 0
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q4 0 0 0
2017 Q3 875 0 0 0.0
2017 Q2 802 0 0 0.0
2017 Q1 96 2 2 20833.3
2016 Q4 587 1 0 1703.6
2016 Q3 1,245 2 0 1606.4
2016 Q2 4,891 3 0 613.4
2016 Q1 8,533 9 2 1054.7
2015 Q4 7,815 3 0 383.9
2015 Q3 5,145 2 0 388.7
2015 Q2 3,332 3 1 900.4
2015 Q1 733 0 0 0.0
2014 Q4 100 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2015 · 1 incident

May 18, 2015 UT · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Alton Coal Development LLC · Struck by... (Not Elsewhere Classified)

Subject was installing a wedge on the portal canopy. The subject was using an ax. The ax slipped and hit his left index finger just below the base of the finger nail.