Mining Incidents

Crusher #1: 73 MSHA citations Metal/Non-Metal

Controlled by Wayne L Nielson
Huntington, Emery County, UT  ·  Abandoned
MSHA Mine ID: 4201795

Crusher #1 has $14K in proposed MSHA penalties and $0 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
1986–2005
Latest incident
Jul 2005
Compliance record
MSHA citations since 2000
73
citations
17
significant & substantial
$14,323
proposed penalties
$12,348
paid to date
86% of proposed penalties paid to date, a $1,975 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
36
inspections on record
573
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: 573 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Crusher #1 has $14K in proposed MSHA penalties and $0 outstanding across 3 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.
$14K
proposed penalties
$12K
current assessed
$12K
paid to date
$0
outstanding
73 assessments are final orders; 3 contested dockets.
Of $5K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2013-01-09.
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.
23.3%
significant & substantial
4.1%
high negligence or reckless
23.3%
reasonably likely or greater
87.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.8% low, 89.0% moderate, 4.1% 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.
5 citations taken to the federal commission · 7% of citations on record
  • Settled 4 · 80%
  • Stood as issued 1 · 20%
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%
37%
Penalty reduction in decided contests
$5K 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 2011-01-10.
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 2010-422M Settlement 2010 $3K → $994
WEST 2011-491M Settlement Lesnick 2011 $2K → $2K
WEST 2008-428M Dismissal 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: 2013-01-10, 13 years ago
23%
of limit-tested samples over the exposure limit
32
samples
30
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz307 over
  • Respirable dust, <.1mg2
Show the individual readings (32)
Date Contaminant Concentration Limit Conc / limit Occupation
2009-10-21 Quartz, respirable, >1% Qtz 2.69 1.51 1.78 Utility Man
2005-06-07 Quartz, respirable, >1% Qtz 1.14 0.93 1.23 Front-end Loader Operator
2005-06-07 Quartz, respirable, >1% Qtz 0.54 0.44 1.23 Bulldozer Operator
2004-06-03 Quartz, respirable, >1% Qtz 1.09 0.66 1.65 Bulldozer Operator
2004-04-15 Quartz, respirable, >1% Qtz 1.15 0.59 1.95 Bulldozer Operator
2003-05-06 Quartz, respirable, >1% Qtz 1.05 0.42 2.50 Front-end Loader Operator
2003-05-06 Quartz, respirable, >1% Qtz 1.78 0.97 1.84 Bulldozer Operator
2013-01-10 Quartz, respirable, >1% Qtz 0.2 0.64 0.31 Crusher Oper/Worker
2013-01-10 Quartz, respirable, >1% Qtz 0.24 0.7 0.34 Front-end Loader Operator
2011-04-05 Quartz, respirable, >1% Qtz 0.27 0.96 0.28 Front-end Loader Operator
2011-04-05 Quartz, respirable, >1% Qtz 0.21 0.95 0.22 Front-end Loader Operator
2011-04-05 Quartz, respirable, >1% Qtz 0.21 1.31 0.16 Front-end Loader Operator
2011-04-05 Quartz, respirable, >1% Qtz 0.27 0.66 0.41 Crusher Oper/Worker
2010-05-20 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-05-20 Quartz, respirable, >1% Qtz 0.48 0.88 0.55 Bulldozer Operator
2010-05-20 Quartz, respirable, >1% Qtz 0.15 0.86 0.17 Crusher Oper/Worker
2010-05-20 Quartz, respirable, >1% Qtz 0.18 1.36 0.13 Supervisor, Co. Official
2010-05-20 Quartz, respirable, >1% Qtz 0.16 0.91 0.18 Scraper Operator
2009-10-21 Quartz, respirable, >1% Qtz 0.42 0.94 0.45 Bulldozer Operator
2009-10-21 Quartz, respirable, >1% Qtz 0.4 0.73 0.55 Crusher Oper/Worker
2009-10-21 Quartz, respirable, >1% Qtz 0.56 0.75 0.75 Utility Man
2005-11-16 Quartz, respirable, >1% Qtz 0.26 1.5 0.17 Crusher Oper/Worker
2005-11-16 Respirable dust, <.1mg 0 Front-end Loader Operator
2005-11-16 Quartz, respirable, >1% Qtz 0.4 2.26 0.18 Front-end Loader Operator
2005-11-16 Quartz, respirable, >1% Qtz 0.94 1.69 0.56 Bulldozer Operator
2005-06-07 Quartz, respirable, >1% Qtz 0.52 0.98 0.53 Dry Screen Plant Operator
2005-06-07 Quartz, respirable, >1% Qtz 0.16 0.74 0.22 Front-end Loader Operator
2004-04-15 Quartz, respirable, >1% Qtz 0.35 0.7 0.50 Crusher Oper/Worker
2004-04-15 Quartz, respirable, >1% Qtz 0.17 1.17 0.15 Scraper Operator
2004-04-15 Quartz, respirable, >1% Qtz 0.27 0.75 0.36 Front-end Loader Operator
2003-05-06 Quartz, respirable, >1% Qtz 0.54 0.88 0.61 Crusher Oper/Worker
2003-05-06 Quartz, respirable, >1% Qtz 0.13 0.72 0.18 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.

Crusher #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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 2.82 and the all-US-mining average was 3.36 cases per 100 workers.
In Utah, metal and nonmetal mining averaged 2.21 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. Nielson Construction Corp 1982 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2014 1
2013 8
2012 7
2011 6
2010 7
2009 9
2008 18
2007 12
2006 7
2005 10
2004 9
2003 11
2002 6
2001 7
2000 4
Source: MSHA quarterly employment and production, updated weekly.

Crusher #1 sits in Emery County, Utah, where the Census mining category is 7.5% 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.
Emery County, Utah · Population 9,968
7.5%
Mining share of county employment
$69,956
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
2014 Q1 74 0 0 0.0
2013 Q4 99 0 0 0.0
2013 Q3 2,832 0 0 0.0
2013 Q2 4,320 0 0 0.0
2013 Q1 2,902 1 0 344.6
2012 Q4 631 0 0 0.0
2012 Q3 587 2 0 3407.2
2012 Q2 2,224 0 0 0.0
Show 49 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q1 4,277 2 0 467.6
2011 Q4 2,354 0 0 0.0
2011 Q3 4,415 0 0 0.0
2011 Q2 2,386 0 0 0.0
2011 Q1 3,212 2 0 622.7
2010 Q4 2,348 4 3 1703.6
2010 Q3 3,675 0 0 0.0
2010 Q2 3,890 2 0 514.1
2010 Q1 5,992 0 0 0.0
2009 Q4 4,129 4 2 968.8
2009 Q3 6,501 2 0 307.6
2009 Q2 5,713 0 0 0.0
2009 Q1 4,185 2 0 477.9
2008 Q4 3,150 0 0 0.0
2008 Q3 4,297 0 0 0.0
2008 Q2 5,351 7 0 1308.2
2008 Q1 3,350 0 0 0.0
2007 Q4 4,982 1 0 200.7
2007 Q3 4,650 2 1 430.1
2007 Q2 3,229 0 0 0.0
2007 Q1 3,442 0 0 0.0
2006 Q4 2,581 0 0 0.0
2006 Q3 551 0 0 0.0
2006 Q2 1,743 0 0 0.0
2006 Q1 2,572 0 0 0.0
2005 Q4 2,619 3 0 1145.5
2005 Q3 2,954 0 0 0.0
2005 Q2 2,717 5 2 1840.3
2005 Q1 3,640 0 0 0.0
2004 Q4 3,361 0 0 0.0
2004 Q3 4,431 0 0 0.0
2004 Q2 4,019 4 1 995.3
2004 Q1 2,358 0 0 0.0
2003 Q4 1,598 3 0 1877.3
2003 Q3 5,989 0 0 0.0
2003 Q2 3,878 10 3 2578.6
2003 Q1 4,658 0 0 0.0
2002 Q4 3,371 5 2 1483.2
2002 Q3 2,167 0 0 0.0
2002 Q2 2,103 3 2 1426.5
2002 Q1 341 0 0 0.0
2001 Q4 2,076 0 0 0.0
2001 Q3 2,679 0 0 0.0
2001 Q2 2,289 0 0 0.0
2001 Q1 4,605 6 0 1302.9
2000 Q4 1,473 0 0 0.0
2000 Q3 307 0 0 0.0
2000 Q2 286 2 1 6993.0
2000 Q1 1,537 1 0 650.6
No fatalities recorded at this mine.

Reportable incidents

12 on file

2005 · 1 incident

July 6, 2005 UT · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer FIRE
Nielson Construction Corp · Contact with hot objects or substances

Operating a Cat D8L bulldozer, pushing earthen material, a hydraulic hose burst under the engine compartment. Oil sprayed on engine block and ignited, shooting flames toward cab. Operator shut down equipment and exited. His right hand and forearm was burned (hand more extensively). Upon investigation, operator may have gripped handrail upon exiting. He cannot remember.

2001 · 1 incident

March 5, 2001 UT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Nielson Construction Corp · Fall from machine

STANDING ON PART OF THE CRUSHER PULLING ON A CABLE, COMEALONG CAME APART EMPLOYEE FELL TO THE GROUND, BREAKING SOME OF HIS RIBS.

2000 · 1 incident

January 29, 2000 UT · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Nielson Construction Corp · Fall from machine

EE HAD BEEN RUNNING LOADER, MOVING MATERIAL TO THE CRUSHER FEEDER. HE WAS FINISHED AND WAS CLIMBING OUT OF THE LOADER, SLIPPED AND FELL DOWN LANDING ON BACK.

1997 · 1 incident

June 27, 1997 UT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Nielson Construction Corp · Fall to the walkway or working surface

EE WAS MOVING SOME CABLE THAT WAS PARTIALLY BURIED BEFORE IT WAS COMPLETELY BURIED AND LOST. HE WAS PULLING ON IT AND IT CAME LOOSE AND HE FELL BACKWADS TWISTING HIS ANKLE.

1996 · 1 incident

August 19, 1996 UT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Nielson Construction Corp · Over-exertion (Not Elsewhere Classified)

EMPLOYEE STEPPED OFF CRUSHER AW, TWISTING RIGHT ANKLE.

1995 · 2 incidents

July 17, 1995 UT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Nielson Construction Corp · Struck by... (Not Elsewhere Classified)

HELPER ON THE DRILL, THE DRILL STUCK AND THA LABORER WAS HITTING IT IN AN ATTEMPT TO LOOSEN IT A PIECE OF METAL CAME OF DRILL AND ENTERED INTO THE ARM.

April 24, 1995 UT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Nielson Construction Corp · Struck by... (Not Elsewhere Classified)

WORKING UNDER CRUSHER CONE AND GOT DURT IN LEFT EYE.

1994 · 2 incidents

September 12, 1994 UT · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Nielson Construction Corp · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS SHOVELING DIRT UNDER THE BELT OF THE CRUSHER, HIS LEFT ARM STARTED TO HAVE PAINS.

May 16, 1994 UT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Nielson Construction Corp · Over-exertion (Not Elsewhere Classified)

HE WAS SHOVELING MATERIAL OFF THE BELT & HIS BACK WENT OUT

1993 · 1 incident

August 25, 1993 UT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Nielson Construction Corp · Fall from machine

HE WAS CLIMBING OFF CAT LOADER AND SLIPPED AND FELL. THE LEFT SIDE GROIN AREA RUPTURED.

1986 · 2 incidents

October 24, 1986 UT · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Nielson Construction Corp · Struck by flying object

BRUISE SMALL OF3BACK HE WAS SHOVELING BELT LINE A ROCK FLIPPED OFF AND HIT HIM

June 18, 1986 UT · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Nielson Construction Corp · Over-exertion (Not Elsewhere Classified)

BENDING OVER LA2ING DOWN A METEAL GATE-FELT A POP IN LOWER BACK & COULDNT STRAIGHTEN UP OR MOVE LEGS FELT IMMEDIATE PAIN