Mining Incidents

Cavender Pit: 51 MSHA citations Metal/Non-Metal

Controlled by Stephen K McAlister
Haleyville, Winston County, AL  ·  Abandoned
MSHA Mine ID: 0103274

Cavender Pit has $11K in proposed MSHA penalties and $2K outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2006
Latest incident
Sep 2006
Compliance record
MSHA citations since 2004
51
citations
16
significant & substantial
$10,737
proposed penalties
$7,859
paid to date
73% of proposed penalties paid to date, a $2,878 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
15
inspections on record
200
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: 200 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Cavender Pit has $11K in proposed MSHA penalties and $2K outstanding across 1 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.
$11K
proposed penalties
$10K
current assessed
$8K
paid to date
$2K
outstanding
48 assessments are final orders; 1 contested dockets.
Of $3K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2007-12-06.
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.
33.3%
significant & substantial
6.2%
high negligence or reckless
33.3%
reasonably likely or greater
87.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.2% low, 87.5% moderate, 6.2% 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.
7 citations taken to the federal commission · 14% of citations on record
  • Settled 7 · 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 3 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$3K proposed, $3K 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 2005-02-16.
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
SE 2005-79M Settlement Weisberger 2005 $3K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Cavender Pit recorded 0.00 reportable injury cases per 100 full-time workers in 2005.

Injury rate, 2005
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 3.76 and the all-US-mining average was 4.21 cases per 100 workers.
In Alabama, metal and nonmetal mining averaged 4.17 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.
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. Winston Sand & Gravel, LLC 2003 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2008 2
2007 2
2006 8
2005 10
2004 8
2003 9
Source: MSHA quarterly employment and production, updated weekly.

Cavender Pit sits in Winston County, Alabama, where the Census mining category is 0.6% 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.
Winston County, Alabama · Population 23,637
0.6%
Mining share of county employment
$48,032
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
2008 Q1 300 0 0 0.0
2007 Q4 350 3 1 8571.4
2007 Q3 350 0 0 0.0
2007 Q2 792 0 0 0.0
2007 Q1 400 0 0 0.0
2006 Q4 2,950 8 2 2711.9
2006 Q3 4,000 8 2 2000.0
2006 Q2 4,800 0 0 0.0
Show 11 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q1 4,600 2 1 434.8
2005 Q4 4,200 5 1 1190.5
2005 Q3 6,200 4 1 645.2
2005 Q2 5,200 0 0 0.0
2005 Q1 4,600 0 0 0.0
2004 Q4 3,500 9 4 2571.4
2004 Q3 4,090 0 0 0.0
2004 Q2 3,636 0 0 0.0
2004 Q1 2,778 12 4 4319.7
2003 Q4 3,267 0 0 0.0
2003 Q3 3,624 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2006 · 1 incident

September 11, 2006 AL · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger SLIP OR FALL OF PERSON
Winston Sand & Gravel, LLC · Fall to the walkway or working surface

Was getting on top of drag-line to grease the wheel. Stepped into some grease and fell.