Mining Incidents

Darrel Volker Construction: 1 recorded fatality Metal/Non-Metal

Controlled by Darrel R Volker
Auburn, Nemaha County, NE  ·  Abandoned
MSHA Mine ID: 2501224

Darrel Volker Construction has $29K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
1
Years on record
2005
Latest incident
Apr 2005
Compliance record
MSHA citations since 2005
20
citations
5
significant & substantial
$29,462
proposed penalties
$22,762
paid to date
77% of proposed penalties paid to date, a $6,700 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
10
inspections on record
202
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: 202 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Darrel Volker Construction has $29K in proposed MSHA penalties and $0 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.
$29K
proposed penalties
$23K
current assessed
$23K
paid to date
$0
outstanding
19 assessments are final orders; 1 contested dockets.
Of $28K in penalties contested before the Commission, $21K was upheld in final decisions.
As of the most recent assessment on 2008-08-20.
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.
26.3%
significant & substantial
10.5%
high negligence or reckless
26.3%
reasonably likely or greater
63.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 89.5% moderate, 10.5% 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.
2 citations taken to the federal commission · 10% of citations on record
  • Settled 2 · 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 2 decided S&S contests · industry: 79%
24%
Penalty reduction in decided contests
$28K proposed, $21K 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
CENT 2006-50M Settlement Hodgdon 2006 $28K → $21K
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: 2010-08-31, 16 years ago
1
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg1
Show the individual readings (1)
Date Contaminant Concentration Limit Conc / limit Occupation
2010-08-31 Respirable dust, <.1mg 0 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.
Ownership history
  1. Darrel Volker Construction 2005 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2010 2
2009 4
2008 3
2007 4
2006 4
2005 4
Source: MSHA quarterly employment and production, updated weekly.

Darrel Volker Construction sits in Nemaha County, Nebraska, where the Census mining category is 0.1% 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.
Nemaha County, Nebraska · Population 7,035
0.1%
Mining share of county employment
$60,132
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
2010 Q4 0 0 0
2010 Q3 1,599 0 0 0.0
2010 Q2 1,569 0 0 0.0
2010 Q1 0 0 0
2009 Q4 1,170 0 0 0.0
2009 Q3 1,920 0 0 0.0
2009 Q2 1,686 0 0 0.0
2009 Q1 233 0 0 0.0
Show 15 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q4 1,387 0 0 0.0
2008 Q3 1,421 2 0 1407.5
2008 Q2 1,184 0 0 0.0
2008 Q1 34 0 0 0.0
2007 Q4 614 0 0 0.0
2007 Q3 1,357 3 0 2210.8
2007 Q2 1,338 0 0 0.0
2007 Q1 251 0 0 0.0
2006 Q4 1,135 0 0 0.0
2006 Q3 1,198 0 0 0.0
2006 Q2 1,072 0 0 0.0
2006 Q1 578 0 0 0.0
2005 Q4 420 0 0 0.0
2005 Q3 2,011 0 0 0.0
2005 Q2 1,462 15 5 10259.9

Fatalities at this mine

1 recorded
April 4, 2005 NE · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator Fatality · POWERED HAULAGE
Darrel Volker Construction · Struck against stationary object

The victim was dumping sand and gravel into the plant grizzly with a skid loader when he over traveled the stop block. The loader rolled into the grizzly and overturned. The victim was thrown out of the loader and fatally injured.