Mining Incidents

Crusher HW1: 28 MSHA citations Metal/Non-Metal

Lumberton, Rio Arriba County, NM  ·  Abandoned
MSHA Mine ID: 2902016

Crusher HW1 has $3K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Crusher HW1.

Fatalities
0
Total incidents
16
Years on record
1990–2009
Latest incident
Dec 2009
Compliance record
MSHA citations since 2001
28
citations
3
significant & substantial
$3,124
proposed penalties
$3,080
paid to date
99% of proposed penalties paid to date, a $44 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
20
inspections on record
224
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: 224 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 HW1 has $3K 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.
$3K
proposed penalties
$3K
current assessed
$3K
paid to date
$0
outstanding
28 assessments are final orders; 2 contested dockets.
Of $744 in penalties contested before the Commission, $700 was upheld in final decisions.
As of the most recent assessment on 2013-11-06.
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.
10.7%
significant & substantial
3.6%
high negligence or reckless
10.7%
reasonably likely or greater
60.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 25.0% low, 71.4% moderate, 3.6% 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 · 25% of citations on record
  • Settled 7 · 100%
50%
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 2 decided S&S contests · industry: 79%
6%
Penalty reduction in decided contests
$744 proposed, $700 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 2010-01-19.
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 2009-340M Settlement Lesnick 2010 $617 → $600
CENT 2010-386M Settlement Lesnick 2011 $127 → $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: 2012-12-04, 13 years ago
25%
of limit-tested samples over the exposure limit
8
samples
4
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz41 over
  • Respirable dust, <.1mg3
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (8)
Date Contaminant Concentration Limit Conc / limit Occupation
2012-10-16 Quartz, respirable, >1% Qtz 3.04 2.13 1.43 Laborer, Bullgang
2012-12-04 Unlisted Particulate, respirable, <1% Qtz 0.32 Truck Driver
2012-12-04 Quartz, respirable, >1% Qtz 0.54 1.3 0.42 Laborer, Bullgang
2012-12-04 Quartz, respirable, >1% Qtz 0.33 1.55 0.21 Supervisor, Co. Official
2012-12-04 Quartz, respirable, >1% Qtz 0.21 1.14 0.18 Front-end Loader Operator
2012-02-15 Respirable dust, <.1mg 0 Truck Driver
2012-02-15 Respirable dust, <.1mg 0 Crusher Oper/Worker
2012-02-15 Respirable dust, <.1mg 0 Laborer, Bullgang
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 HW1 recorded 9.05 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.
9.05
total case rate
0.00
days-away rate
0.000
fatality rate
Above 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 New Mexico, metal and nonmetal mining averaged 2.62 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
2009 * 9.05 0.00 0.000
2005 * 16.38 8.19 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. Asi-Concrete Products Inc 1986 to 1989
  2. Hamilton Western Construction Inc 1989 to 1995
  3. James Hamilton Construction Co. 1995 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2013 11
2012 21
2011 12
2010 13
2009 18
2008 5
2006 21
2005 8
2004 17
2001 3
2000 9
Source: MSHA quarterly employment and production, updated weekly.

Crusher HW1 sits in Rio Arriba County, New Mexico, where the Census mining category is 1.3% 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.
Rio Arriba County, New Mexico · Population 40,165
1.3%
Mining share of county employment
$53,901
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
2013 Q3 0 0 0
2013 Q2 3,017 0 0 0.0
2013 Q1 4,241 6 1 1414.8
2012 Q4 2,988 4 0 1338.7
2012 Q3 5,999 0 0 0.0
2012 Q2 4,767 2 0 419.6
2012 Q1 1,140 1 0 877.2
2011 Q4 593 0 0 0.0
Show 26 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q3 797 2 0 2509.4
2011 Q2 1,827 0 0 0.0
2011 Q1 2,478 0 0 0.0
2010 Q4 730 0 0 0.0
2010 Q3 131 0 0 0.0
2010 Q2 3,987 0 0 0.0
2010 Q1 2,703 0 0 0.0
2009 Q4 3,546 4 1 1128.0
2009 Q3 9,617 0 0 0.0
2009 Q2 8,583 0 0 0.0
2009 Q1 355 0 0 0.0
2008 Q4 5,455 6 1 1099.9
2008 Q3 1,474 0 0 0.0
2006 Q3 16,508 0 0 0.0
2006 Q2 13,664 0 0 0.0
2006 Q1 37 0 0 0.0
2005 Q4 0 0 0
2005 Q3 0 0 0
2005 Q2 8,773 0 0 0.0
2005 Q1 15,642 0 0 0.0
2004 Q4 10,739 0 0 0.0
2001 Q4 0 0 0
2001 Q2 0 0 0
2001 Q1 562 0 0 0.0
2000 Q4 2,720 0 0 0.0
2000 Q3 5,822 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

16 on file

2009 · 1 incident

2006 · 1 incident

July 28, 2006 NM · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman STRIKING OR BUMPING
James Hamilton Construction Co. · Struck against stationary object

Employee was working at the crusher and hit his head on a belt frame and strained his neck.

2005 · 2 incidents

April 28, 2005 NM · Metal/Non-Metal welder (shop) MACHINERY
James Hamilton Construction Co. · Flash burns (welding)

Employee was welding back to back with another employee. The reflection from the other welder bounced off the inside of her hood burning her eyes.

2000 · 1 incident

1995 · 2 incidents

August 17, 1995 NM · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
James Hamilton Construction Co. · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS SHOVELING, WHEN HE HIT HIS FINGER BETWEEN THE SHOVEL AND BELT LEG AT CRUSHER.

1994 · 1 incident

1993 · 4 incidents

December 8, 1993 NM · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
Hamilton Western Construction Inc · Struck by flying object

WHILE REPLACING LOADER BUCKET TOOTH, EMPLOYEE WAS DRIVING TOOTH BACK INTO SHANK WITH A HAMMER, PIECE OF TOOTH BROKE OFF AND LODGED IN RIGHT UPPER CHEST.

June 30, 1993 NM · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Hamilton Western Construction Inc · Fall to the walkway or working surface

EMPLOYEE WAS WALKING @#3 LEACH DUMP & STEPPED ON THE DRISCO PIPE & SLIPPED LANDING ON HIS BACK.

1992 · 1 incident

April 10, 1992 NM · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Hamilton Western Construction Inc · Fall from machine

EMPL CLIMBED DOWN STAIRS OF LOADER.SLIPPED OFF 2ND TOP STAIR AND FELL TO GROUND. LANDED WITH LEFT ARM THROWN BACK AND LANDED ON HAND TURNED BACKWARD.

1991 · 2 incidents

1990 · 1 incident

November 28, 1990 NM · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Hamilton Western Construction Inc · Over-exertion (Not Elsewhere Classified)

HE WAS TRYING TO BREAL LOOSE A ROCK FEOM A FEDDER BIN AND 50' WHEEL CONVEYOR.