Mining Incidents

Capitol Sand: 157 MSHA citations Metal/Non-Metal

Payne & Dolan, Inc. · Surface
Controlled by Kurt Bechthold
Cross Plains, Dane County, WI  ·  Active
MSHA Mine ID: 4700788

Capitol Sand has $37K in proposed MSHA penalties and $0 outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
11
Years on record
1989–2025
Latest incident
Jan 2025
Compliance record
MSHA citations since 2000
157
citations
33
significant & substantial
$37,379
proposed penalties
$36,946
paid to date
99% of proposed penalties paid to date, a $433 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
54
inspections on record
1,027
inspection hours
15.3
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.
157 citations across 1,027 inspection hours.
Source: MSHA inspections data, updated weekly.

Capitol Sand has $37K in proposed MSHA penalties and $0 outstanding across 6 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.
$37K
proposed penalties
$37K
current assessed
$37K
paid to date
$0
outstanding
155 assessments are final orders; 6 contested dockets.
Of $9K in penalties contested before the Commission, $9K was upheld in final decisions.
As of the most recent assessment on 2025-04-01.
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.
21.0%
significant & substantial
7.0%
high negligence or reckless
21.0%
reasonably likely or greater
42.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 19.1% low, 73.9% moderate, 7.0% 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.
30 citations taken to the federal commission · 19% of citations on record
  • Settled 9 · 30%
  • Stood as issued 20 · 67%
  • Vacated or withdrawn 1 · 3%
93%
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 15 decided S&S contests · industry: 79%
6%
Penalty reduction in decided contests
$9K 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 2024-06-26.
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
LAKE 2012-614M Settlement Lesnick 2013 $4K → $4K
LAKE 2010-8M Dismissal Miller 2011 $3K → $3K
LAKE 2012-615M Settlement Lewis 2012 $1K → $1K
LAKE 2005-57M Settlement Lesnick 2005 $500 → $350
LAKE 2022-0307 Settlement Paez 2023 $409 → $399
LAKE 2024-0227 Settlement Simonton 2024 $147 → $147
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: 2019-11-20, 6 years ago
0%
of limit-tested samples over the exposure limit
9
samples
2
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg7
  • Arsenic fumes1
  • Beryllium fumes1
  • Cadmium oxide fumes1
Show the individual readings (21)
Date Contaminant Concentration Limit Conc / limit Occupation
2019-11-20 Respirable dust, <.1mg 0 Front-end Loader Operator
2019-11-20 Respirable dust, <.1mg 0 Supervisor, Co. Official
2019-11-20 Respirable dust, <.1mg 0 Ground Control/Timberman
2017-05-09 Respirable dust, <.1mg 0 Building Repair/Maint.
2017-05-09 Respirable dust, <.1mg 0 Building Repair/Maint.
2012-02-15 Cobalt fumes 0 100 0.00 Welder, etc.
2012-02-15 Copper fumes 0.67 100 0.01 Welder, etc.
2012-02-15 Iron oxide fumes 0.03 10 0.00 Welder, etc.
2012-02-15 Lead fumes 0 150 0.00 Welder, etc.
2012-02-15 Manganese fumes 0.02 5 0.00 Welder, etc.
2012-02-15 Molybdenum fumes 0 10 0.00 Welder, etc.
2012-02-15 Nickel fumes 0 1 0.00 Welder, etc.
2012-02-15 Vanadium fumes 0 50 0.00 Welder, etc.
2012-02-15 Zinc oxide fumes 0 5 0.00 Welder, etc.
2012-02-15 Magnesium oxide fumes 0 10 0.00 Welder, etc.
2012-02-15 Arsenic fumes 0 500 0.00 Welder, etc.
2012-02-15 Beryllium fumes 0 2 0.00 Welder, etc.
2012-02-15 Cadmium oxide fumes 0 100 0.00 Welder, etc.
2012-02-15 Chromium, insoluble 0 1 0.00 Welder, etc.
2011-06-23 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-06-23 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.

Capitol Sand recorded 0.00 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
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 3.41 and the all-US-mining average was 3.91 cases per 100 workers.
In Wisconsin, metal and nonmetal mining averaged 7.85 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.
Year total case rate days-away fatal
2006 * 0.00 0.00 0.000
2005 * 0.00 0.00 0.000
2004 * 0.00 0.00 0.000
2003 * 0.00 0.00 0.000
2002 * 0.00 0.00 0.000
2001 * 0.00 0.00 0.000
2000 * 0.00 0.00 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. Capitol Sand & Gravel Company Inc 1950 to 2018
  2. Payne & Dolan, Inc. 2018 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 4
2025 5
2024 5
2023 5
2022 6
2021 6
2020 5
2019 7
2018 6
2017 8
2016 10
2015 9
2014 9
2013 9
2012 9
2011 9
2010 9
2009 8
2008 11
2007 11
2006 11
2005 11
2004 11
2003 11
2002 10
2001 10
2000 10
Source: MSHA quarterly employment and production, updated weekly.

Capitol Sand sits in Dane County, Wisconsin, 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.
Dane County, Wisconsin · Population 564,777
0.0%
Mining share of county employment
$88,108
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 2,052 0 0 0.0
2026 Q1 1,313 0 0 0.0
2025 Q4 2,006 0 0 0.0
2025 Q3 3,057 0 0 0.0
2025 Q2 3,175 1 0 315.0
2025 Q1 1,426 0 0 0.0
2024 Q4 2,238 3 0 1340.5
2024 Q3 2,639 0 0 0.0
Show 88 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,162 0 0 0.0
2024 Q1 1,734 3 1 1730.1
2023 Q4 1,478 1 0 676.6
2023 Q3 2,988 1 0 334.7
2023 Q2 2,612 1 0 382.8
2023 Q1 1,663 0 0 0.0
2022 Q4 1,950 4 1 2051.3
2022 Q3 3,286 0 0 0.0
2022 Q2 3,452 7 0 2027.8
2022 Q1 2,167 1 0 461.5
2021 Q4 2,547 0 0 0.0
2021 Q3 3,171 0 0 0.0
2021 Q2 3,419 1 0 292.5
2021 Q1 2,025 0 0 0.0
2020 Q4 2,941 0 0 0.0
2020 Q3 2,731 0 0 0.0
2020 Q2 2,954 0 0 0.0
2020 Q1 765 2 0 2614.4
2019 Q4 3,341 1 0 299.3
2019 Q3 2,780 0 0 0.0
2019 Q2 4,947 1 1 202.1
2019 Q1 2,721 1 0 367.5
2018 Q4 3,312 0 0 0.0
2018 Q3 2,130 0 0 0.0
2017 Q3 4,397 0 0 0.0
2017 Q2 4,095 6 0 1465.2
2016 Q3 5,032 2 0 397.5
2016 Q2 4,219 0 0 0.0
2016 Q1 3,640 5 1 1373.6
2015 Q4 4,517 0 0 0.0
2015 Q3 5,047 0 0 0.0
2015 Q1 2,594 0 0 0.0
2014 Q4 4,320 2 0 463.0
2014 Q3 5,231 0 0 0.0
2014 Q2 3,962 0 0 0.0
2014 Q1 2,835 0 0 0.0
2013 Q4 4,384 0 0 0.0
2013 Q3 5,462 0 0 0.0
2013 Q2 4,708 0 0 0.0
2013 Q1 4,294 0 0 0.0
2012 Q2 4,590 0 0 0.0
2012 Q1 3,956 13 5 3286.1
2011 Q4 4,458 0 0 0.0
2011 Q3 4,843 0 0 0.0
2011 Q2 4,529 3 0 662.4
2011 Q1 2,600 0 0 0.0
2010 Q4 4,778 0 0 0.0
2010 Q3 4,703 4 0 850.5
2010 Q2 4,529 0 0 0.0
2010 Q1 3,818 0 0 0.0
2009 Q4 4,760 0 0 0.0
2009 Q3 4,840 26 11 5371.9
2009 Q2 4,655 0 0 0.0
2009 Q1 2,377 0 0 0.0
2008 Q4 5,060 0 0 0.0
2008 Q2 5,353 0 0 0.0
2008 Q1 5,134 0 0 0.0
2007 Q4 4,237 8 1 1888.1
2007 Q3 5,167 0 0 0.0
2007 Q2 5,584 0 0 0.0
2006 Q4 4,977 5 0 1004.6
2006 Q3 5,537 0 0 0.0
2006 Q2 5,470 0 0 0.0
2006 Q1 4,206 0 0 0.0
2005 Q4 5,748 4 0 695.9
2005 Q3 5,748 0 0 0.0
2005 Q2 6,230 0 0 0.0
2005 Q1 4,950 0 0 0.0
2004 Q4 6,206 7 3 1127.9
2004 Q3 6,558 4 1 609.9
2004 Q2 5,987 0 0 0.0
2004 Q1 5,441 0 0 0.0
2003 Q4 6,562 0 0 0.0
2003 Q3 6,307 5 1 792.8
2003 Q2 6,008 0 0 0.0
2003 Q1 4,735 0 0 0.0
2002 Q4 5,539 0 0 0.0
2002 Q3 5,745 0 0 0.0
2002 Q2 5,668 6 2 1058.6
2002 Q1 5,550 0 0 0.0
2001 Q4 5,778 0 0 0.0
2001 Q3 5,997 0 0 0.0
2001 Q2 5,425 3 0 553.0
2001 Q1 4,964 0 0 0.0
2000 Q4 4,707 0 0 0.0
2000 Q3 6,543 3 0 458.5
2000 Q2 5,909 0 0 0.0
2000 Q1 5,054 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

11 on file

2025 · 1 incident

January 28, 2025 WI · Metal/Non-Metal outside foreman, leadman HANDLING OF MATERIALS
Payne & Dolan, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was preparing to climb up into the loader. EE placed EE's right foot on the bottom rung of the loader ladder, pushed up and felt some pain. Employee sought medical treatment and was Dx with a RT knee strain. On 2/3/25 we were notified EE was referred to Physical Therapy. Reporting within 10 Days.

2024 · 1 incident

January 8, 2024 WI · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Payne & Dolan, Inc. · Over-exertion in lifting objects

EE was performing maintenance on a discharge cone. EE lifted a wear plate up 12" when EE felt pain in left groin. EE sought medical treatment & was diagnosed with a strain. On 1/17/24 we received notice the EE was referred to PT.

2023 · 1 incident

May 19, 2023 WI · Metal/Non-Metal crusher attendant/operator, pan feeder operator/worker HANDLING OF MATERIALS
Payne & Dolan, Inc. · Caught in, under or between a moving and a stationary object

Our employee was cleaning overflow material out of a cone crusher when they pinched their right ring finger between two rocks, causing a laceration and damaging the fingernail. They sought medical treatment and were also given a finger splint.

2022 · 1 incident

September 29, 2022 WI · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand HANDTOOLS (NONPOWERED)
Payne & Dolan, Inc. · Struck by... (Not Elsewhere Classified)

Employee was cutting rubber belt with utility knife and the knife slipped, cutting EE's left thumb. EE sought medical treatment and received stitches.

2019 · 1 incident

August 19, 2019 WI · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer OTHER
Payne & Dolan, Inc. · (Not Elsewhere Classified)

On August 27th, employee advised EE had been hospitalized due to flu like symptoms. After multiple tests employee state EE was diagnosed with a water type pneumonia. Medical records have been requested to verify work relatedness, but they have not been received to date.

1995 · 1 incident

March 30, 1995 WI · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger HANDLING OF MATERIALS
Capitol Sand & Gravel Company Inc · Caught in, under or between (Not Elsewhere Classified)

WHILE HELPING TO REPAIR BRAKE SYSTEM ON CRANE, HAND CAUGHT BETWEEN AIR CYLINDER AND BOLT.

1994 · 1 incident

February 2, 1994 WI · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
Capitol Sand & Gravel Company Inc · Over-exertion (Not Elsewhere Classified)

NO ACCIDENT - CARPEL TULNNEL SYNDRONE - SLOW DEVELOPING ILLNESS

1992 · 2 incidents

August 21, 1992 WI · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Capitol Sand & Gravel Company Inc · Caught in, under or between a moving and a stationary object

54736YEE WAS REPLACING PLUG IN SPEED REDUCER ON CONVEYOR.CONVEYOR MOVED FORWARD AND PINNED EMPLOYEE AGAINST THE BUCKET OF 450 LOADER WITH A GUARD ON THE V-BELTS ON THE CONVEYOR.EMPLOYEES LEFT 28643DER AREA WAS LACERATED.

1990 · 1 incident

April 30, 1990 WI · Metal/Non-Metal assayer, geologist, metallurgist, engineer, engineer management HANDTOOLS (NONPOWERED)
Capitol Sand & Gravel Company Inc · Struck by... (Not Elsewhere Classified)

CUTTING CONV WITH KNIFE SLIPPED AND CUT THE TOP OF KNUCKLE OF R HAND THUMB 5 STITCHES

1989 · 1 incident

August 30, 1989 WI · Metal/Non-Metal assayer, geologist, metallurgist, engineer, engineer management DISORDERS (REPEATED TRAUMA)
Capitol Sand & Gravel Company Inc · Over-exertion (Not Elsewhere Classified)

NO ACCIDENT, CARPEL TUNNEL SYNDROM SLOW DEVELOPING ILLNESS.