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Davis Creek Pit: 54 MSHA citations Metal/Non-Metal

Controlled by Dennis Maulding
SILVERTON, Marion County, OR  ·  Abandoned
MSHA Mine ID: 3503293

Davis Creek Pit has $19K in proposed MSHA penalties and $0 outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
7
Years on record
1996–2004
Latest incident
Aug 2004
Compliance record
MSHA citations since 2000
54
citations
17
significant & substantial
$18,790
proposed penalties
$10,014
paid to date
53% of proposed penalties paid to date, a $8,776 gap.
Source: MSHA violations data, updated weekly.
See Dennis Maulding Construction's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
25
inspections on record
351
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: 351 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Davis Creek Pit has $19K in proposed MSHA penalties and $0 outstanding across 6 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.
$19K
proposed penalties
$10K
current assessed
$10K
paid to date
$0
outstanding
53 assessments are final orders; 6 contested dockets.
Of $13K in penalties contested before the Commission, $4K was upheld in final decisions.
As of the most recent assessment on 2010-12-21.
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.
32.1%
significant & substantial
9.4%
high negligence or reckless
32.1%
reasonably likely or greater
75.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.1% low, 75.5% moderate, 9.4% 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.
27 citations taken to the federal commission · 50% of citations on record
  • Settled 25 · 93%
  • Stood as issued 1 · 4%
  • Vacated or withdrawn 1 · 4%
87%
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 15 decided S&S contests · industry: 79%
70%
Penalty reduction in decided contests
$13K proposed, $4K 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 2011-04-01.
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 2010-303M Settlement Barbour 2012 $10K → $2K
WEST 2011-833M Settlement Miller 2011 $1K → $617
WEST 2008-64M Settlement Lesnick 2008 $634 → $550
WEST 2008-1061M Settlement Barbour 2009 $627 → $627
WEST 2008-1060M Settlement Barbour 2009 $570 → $285
WEST 2008-369 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: 2005-03-17, 21 years ago
9
samples
0
limit-tested
Most sampled contaminants
  • Unlisted Particulate, respirable, <1% Qtz5
  • Respirable dust, <.1mg4
Show the individual readings (9)
Date Contaminant Concentration Limit Conc / limit Occupation
2005-03-17 Respirable dust, <.1mg 0 Front-end Loader Operator
2005-03-17 Unlisted Particulate, respirable, <1% Qtz 0.25 Crusher Oper/Worker
2005-03-17 Unlisted Particulate, respirable, <1% Qtz 0.3 Truck Driver
2001-12-05 Unlisted Particulate, respirable, <1% Qtz 0.12 Crusher Oper/Worker
2001-12-05 Respirable dust, <.1mg 0 Front-end Loader Operator
2001-12-05 Respirable dust, <.1mg 0 Front-end Loader Operator
2000-10-05 Respirable dust, <.1mg 0 Front-end Loader Operator
2000-10-05 Unlisted Particulate, respirable, <1% Qtz 3.81 Front-end Loader Operator
2000-10-05 Unlisted Particulate, respirable, <1% Qtz 0.12 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. Lone Rock Timber Company 1987 to 1993
  2. Dennis Maulding Construction 1993 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2011 1
2010 4
2009 4
2008 6
2007 8
2006 5
2005 4
2004 6
2003 5
2002 6
2001 6
2000 6
Source: MSHA quarterly employment and production, updated weekly.

Davis Creek Pit sits in Marion County, Oregon, 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.
Marion County, Oregon · Population 346,532
0.0%
Mining share of county employment
$74,624
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
2011 Q2 0 0 0
2011 Q1 699 0 0 0.0
2010 Q4 1,865 6 4 3217.2
2010 Q3 1,788 0 0 0.0
2010 Q2 1,488 0 0 0.0
2010 Q1 1,517 0 0 0.0
2009 Q4 1,625 0 0 0.0
2009 Q3 1,388 10 4 7204.6
Show 38 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q2 2,038 0 0 0.0
2009 Q1 3,023 0 0 0.0
2008 Q4 3,811 0 0 0.0
2008 Q3 4,777 0 0 0.0
2008 Q2 4,559 7 4 1535.4
2008 Q1 4,188 0 0 0.0
2007 Q4 4,289 0 0 0.0
2007 Q3 4,028 1 0 248.3
2007 Q2 5,056 11 3 2175.6
2007 Q1 3,750 0 0 0.0
2006 Q4 3,051 0 0 0.0
2006 Q3 3,127 0 0 0.0
2006 Q2 3,966 1 1 252.1
2006 Q1 3,453 0 0 0.0
2005 Q4 3,197 3 0 938.4
2005 Q3 2,555 0 0 0.0
2005 Q2 4,031 0 0 0.0
2005 Q1 3,723 2 0 537.2
2004 Q4 3,392 0 0 0.0
2004 Q3 3,094 0 0 0.0
2004 Q2 3,963 5 0 1261.7
2004 Q1 3,469 0 0 0.0
2003 Q4 3,345 0 0 0.0
2003 Q3 3,466 0 0 0.0
2003 Q2 3,155 0 0 0.0
2003 Q1 2,601 3 0 1153.4
2002 Q4 2,996 0 0 0.0
2002 Q3 2,857 0 0 0.0
2002 Q2 3,302 0 0 0.0
2002 Q1 3,384 0 0 0.0
2001 Q4 3,469 2 0 576.5
2001 Q3 3,400 0 0 0.0
2001 Q2 1,498 0 0 0.0
2001 Q1 2,611 0 0 0.0
2000 Q4 3,603 1 0 277.5
2000 Q3 4,002 0 0 0.0
2000 Q2 1,428 0 0 0.0
2000 Q1 3,446 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

7 on file

2004 · 2 incidents

August 16, 2004 OR · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Dennis Maulding Construction · Over-exertion in pulling or pushing objects

Pulling a hose on a bulk shot, he pulled a muscle in low back.

February 25, 2004 OR · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Dennis Maulding Construction · Struck by... (Not Elsewhere Classified)

WAS CRANKING LIGHT TOWER DOWN, HAND SLIPPED & CRANK HIT HAND.

2003 · 1 incident

February 26, 2003 OR · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Dennis Maulding Construction · Fall from machine

MISSED LAST STEP DISMOUNTING FRONT END LOADER (BOTTOM STEP).

1998 · 1 incident

1997 · 2 incidents

December 2, 1997 OR · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
Dennis Maulding Construction · Caught in, under or between a moving and a stationary object

JAW CRUSHER WAS PLUGGED. USED BAR TO TRY AND FREE ROCK, BAR CAME BACK AND PUT HAND BETWEEN BAR AND PIECE OF METAL

November 12, 1997 OR · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Dennis Maulding Construction · Caught in, under or between (Not Elsewhere Classified)

WAS REPAIRING CONE, WHEN CONE SLIPPED BACK IN PLACE SEVERING END OF FINGER-RIGHT HAND.

1996 · 1 incident

February 21, 1996 OR · Metal/Non-Metal ledgeman/hand, quarry man HANDTOOLS (NONPOWERED)
Dennis Maulding Construction · Fall onto or against objects

EE WAS ON HIS KNEES USING A HAND SHOVEL TO CLEAN GRAVEL OUT FROM BOTTOM BELT OF CRUSHER, LOST HIS BALANCE AND FELL.