EE WAS STANDING BETWEEN RETURN CONVEYOR AND A SKID STEER - 2 FT. CLEARANCE. SKID STEER OPERATOR BEGAN TO BACK UP, UNAWARE EE WAS BEHIND HIM. EE TRIED TO MOVE WHEN HE HEARD THE BACK-UP ALARM, BUT WAS UNABLE TO GET OUT OF THE WAY. THE SKID STEER PUSHED EE AGAINST THE CONVEYOR. A COWORKER WAS ABLE TO STOP THE SKID STEER OPERATOR.
Crushing Operation #2: 35 MSHA citations Metal/Non-Metal
Crushing Operation #2 has $20K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 3
- Years on record
- 2003–2004
- Latest incident
- Jun 2004
Compliance record
MSHA citations since 2003
35
citations
15
significant & substantial
$20,088
proposed penalties
$14,569
paid to date
73% of proposed penalties paid to date, a $5,519 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
9
inspections on record
121
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: 121 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Crushing Operation #2 has $20K in proposed MSHA penalties and $0 outstanding across 4 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.$20K
proposed penalties
$15K
current assessed
$15K
paid to date
$0
outstanding
34 assessments are final orders; 4 contested dockets.
Of $14K in penalties contested before the Commission, $9K was upheld in final decisions.
As of the most recent assessment on 2004-12-09.
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.44.1%
significant & substantial
26.5%
high negligence or reckless
44.1%
reasonably likely or greater
61.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.9% low, 67.6% moderate, 26.5% 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.
12
citations taken to the federal commission · 34% of citations on record
- Settled 12 · 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 6 decided S&S contests · industry: 79%
39%
Penalty reduction in decided contests
$14K 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 2005-11-09.
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 2005-279M | Settlement | Manning | 2006 | $8K → $5K |
| WEST 2005-278M | Settlement | Manning | 2006 | $3K → $2K |
| WEST 2006-125M | Settlement | Manning | 2006 | $2K → $1K |
| WEST 2004-189-M | Settlement | Manning | 2006 | $1K → $658 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Crushing Operation #2 recorded 0.00 reportable injury cases per 100 full-time workers in 2002.
Injury rate, 2002
ⓘ
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 4.17 and the all-US-mining average was 5.05 cases per 100 workers.
In Colorado, metal and nonmetal mining averaged 4.95 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
- Kirkland Construction LLLP 2001 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
| Year | Employees |
|---|---|
| 2005 | 5 |
| 2004 | 9 |
| 2003 | 8 |
| 2002 | 9 |
| 2001 | 9 |
Source: MSHA quarterly employment and production, updated weekly.
Crushing Operation #2 sits in Pueblo County, Colorado, where the Census mining category is 0.2% 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.Pueblo County, Colorado · Population 168,726
0.2%
Mining share of county employment
$62,250
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 |
|---|---|---|---|---|
| 2005 Q3 | 0 | 0 | 0 | |
| 2005 Q2 | 3,133 | 0 | 0 | 0.0 |
| 2005 Q1 | 2,947 | 0 | 0 | 0.0 |
| 2004 Q3 | 7,001 | 10 | 3 | 1428.4 |
| 2004 Q2 | 7,445 | 0 | 0 | 0.0 |
| 2004 Q1 | 4,867 | 0 | 0 | 0.0 |
| 2003 Q4 | 4,482 | 5 | 4 | 1115.6 |
| 2003 Q3 | 5,167 | 0 | 0 | 0.0 |
Show 8 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2003 Q2 | 5,046 | 0 | 0 | 0.0 |
| 2003 Q1 | 3,740 | 13 | 6 | 3475.9 |
| 2002 Q4 | 5,370 | 0 | 0 | 0.0 |
| 2002 Q3 | 6,368 | 0 | 0 | 0.0 |
| 2002 Q2 | 6,087 | 0 | 0 | 0.0 |
| 2002 Q1 | 2,962 | 0 | 0 | 0.0 |
| 2001 Q4 | 4,532 | 0 | 0 | 0.0 |
| 2001 Q3 | 4,649 | 0 | 0 | 0.0 |
No fatalities recorded at this mine.
Reportable incidents
3 on file2004 · 2 incidents
June 14, 2004
CO · Metal/Non-Metal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
POWERED HAULAGE
Kirkland Construction LLLP · Caught in, under or between (Not Elsewhere Classified)
March 16, 2004
CO · Metal/Non-Metal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
SLIP OR FALL OF PERSON
Kirkland Construction LLLP · Over-exertion (Not Elsewhere Classified)
While performing maintenance on the screen the employee placed his foot on a loose pile of sand. This caused his ankle to twist which resulted in a sprained ankle. The ee knew the accumulation of loose materials was present; however, he did not pay attention to where he placed his foot.
2003 · 1 incident
January 20, 2003
CO · Metal/Non-Metal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
SLIP OR FALL OF PERSON
Kirkland Construction LLLP · Fall to lower level, (Not Elsewhere Classified)
WALKING ALONG STEEL DRAINLINE SLIPPED OFF.