Mining Incidents

Crushing Plant #01: 58 MSHA citations Metal/Non-Metal

KCG Excavating Inc · Surface
Controlled by Kody C DuChateau
Oconto Falls, Oconto County, WI  ·  Abandoned
MSHA Mine ID: 4702980

Crushing Plant #01 has $14K in proposed MSHA penalties and $6K 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
2005–2010
Latest incident
Nov 2010
Compliance record
MSHA citations since 2001
58
citations
19
significant & substantial
$13,906
proposed penalties
$6,223
paid to date
45% of proposed penalties paid to date, a $7,683 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
41
inspections on record
505
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: 505 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2010-11-10.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Crushing Plant #01 has $14K in proposed MSHA penalties and $6K 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.
$14K
proposed penalties
$12K
current assessed
$6K
paid to date
$6K
outstanding
57 assessments are final orders; 4 contested dockets.
Of $9K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2015-08-18.
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
7.0%
high negligence or reckless
33.3%
reasonably likely or greater
54.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.8% low, 91.2% 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.
5 citations taken to the federal commission · 9% of citations on record
  • Settled 3 · 60%
  • Stood as issued 1 · 20%
  • Vacated or withdrawn 1 · 20%
80%
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 5 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$9K proposed, $6K 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 2011-05-31.
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 2011-725M Settlement Miller 2012 $6K → $4K
LAKE 2011-653M Settlement Andrews 2012 $2K → $2K
LAKE 2011-98M Withdrawal Lesnick 2011 $540 → $0
LAKE20020054M Dismissal Barbour 2002 $297 → $297
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: 2013-10-23, 12 years ago
1
samples
0
limit-tested
Most sampled contaminants
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (1)
Date Contaminant Concentration Limit Conc / limit Occupation
2013-10-23 Unlisted Particulate, respirable, <1% Qtz 0.35 Crusher Oper/Worker
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.
Ownership history
  1. Dmk Inc 1993 to 2013
  2. KCG Excavating Inc 2013 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2017 0
2016 0
2015 1
2014 1
2013 1
2012 1
2011 1
2010 2
2009 2
2008 2
2007 1
2006 2
2005 2
2004 2
2003 3
2002 4
2001 2
2000 2
Source: MSHA quarterly employment and production, updated weekly.

Crushing Plant #01 sits in Oconto 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.
Oconto County, Wisconsin · Population 39,329
0.0%
Mining share of county employment
$75,886
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
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 82 0 0 0.0
2015 Q3 476 3 2 6302.5
2015 Q2 0 0 0
Show 61 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 107 0 0 0.0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 100 2 0 20000.0
2013 Q3 113 0 0 0.0
2013 Q2 38 0 0 0.0
2013 Q1 0 0 0
2012 Q4 119 0 0 0.0
2012 Q3 303 2 0 6600.7
2012 Q2 160 0 0 0.0
2012 Q1 20 0 0 0.0
2011 Q4 182 0 0 0.0
2011 Q3 160 3 0 18750.0
2011 Q2 20 0 0 0.0
2011 Q1 120 0 0 0.0
2010 Q4 320 3 2 9375.0
2010 Q3 480 3 1 6250.0
2010 Q2 320 0 0 0.0
2010 Q1 100 0 0 0.0
2009 Q4 420 0 0 0.0
2009 Q3 1,040 7 3 6730.8
2009 Q2 100 0 0 0.0
2009 Q1 480 0 0 0.0
2008 Q4 360 0 0 0.0
2008 Q3 1,155 0 0 0.0
2008 Q2 620 2 1 3225.8
2008 Q1 160 0 0 0.0
2007 Q4 400 0 0 0.0
2007 Q3 600 4 1 6666.7
2007 Q2 320 0 0 0.0
2007 Q1 6 0 0 0.0
2006 Q4 800 0 0 0.0
2006 Q3 1,040 0 0 0.0
2006 Q2 480 0 0 0.0
2006 Q1 457 0 0 0.0
2005 Q4 640 0 0 0.0
2005 Q3 960 5 0 5208.3
2005 Q2 960 0 0 0.0
2005 Q1 320 0 0 0.0
2004 Q4 800 0 0 0.0
2004 Q3 1,920 1 1 520.8
2004 Q2 960 0 0 0.0
2004 Q1 160 0 0 0.0
2003 Q4 800 0 0 0.0
2003 Q3 1,920 5 1 2604.2
2003 Q2 960 0 0 0.0
2003 Q1 160 0 0 0.0
2002 Q4 1,280 0 0 0.0
2002 Q3 1,920 0 0 0.0
2002 Q2 1,920 3 1 1562.5
2002 Q1 520 0 0 0.0
2001 Q4 720 10 6 13888.9
2001 Q3 1,300 1 0 769.2
2001 Q2 960 1 0 1041.7
2001 Q1 560 0 0 0.0
2000 Q4 400 0 0 0.0
2000 Q3 1,002 0 0 0.0
2000 Q2 1,040 0 0 0.0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2010 · 1 incident

November 8, 2010 WI · Metal/Non-Metal outside foreman, leadman POWERED HAULAGE
Dmk Inc · Over-exertion (Not Elsewhere Classified)

Steering on our 970F loader was hard to turn. EE said his arm was sore from steeing the loader, EE was put on light duty for 2 weeks.

2006 · 1 incident

March 22, 2006 WI · Metal/Non-Metal outside foreman, leadman MACHINERY
Dmk Inc · Flash burns (welding)

Welding flash. 1 day off per doctor.

2005 · 1 incident

February 12, 2005 WI · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Dmk Inc · Struck by falling object

EMPLOYEE HOOKED A CHAIN ON A GUARD AND DID NOT PUT A BOLT THROUGH TO SECURE THE CHAIN TO THE GUARD. WHEN HE LIFTED THE GUARD THE CHAIN SLIPPED OFF AND THE GUARD FELL AGAINST HIS LEG BRUISING IT.