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DAVIS PIT: 80 MSHA citations Metal/Non-Metal

Junction, Kimble County, TX  ·  Abandoned
MSHA Mine ID: 4102363

DAVIS PIT has $34K in proposed MSHA penalties and $5K outstanding across 13 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
1997–2007
Latest incident
Oct 2007
Compliance record
MSHA citations since 2000
80
citations
27
significant & substantial
$34,045
proposed penalties
$7,650
paid to date
22% of proposed penalties paid to date, a $26,395 gap.
Source: MSHA violations data, updated weekly.
See Weirich Brothers Inc's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
20
inspections on record
283
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: 283 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 PIT has $34K in proposed MSHA penalties and $5K outstanding across 13 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.
$34K
proposed penalties
$12K
current assessed
$8K
paid to date
$5K
outstanding
78 assessments are final orders; 13 contested dockets.
Of $33K in penalties contested before the Commission, $11K was upheld in final decisions.
As of the most recent assessment on 2007-05-15.
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.
34.6%
significant & substantial
25.6%
high negligence or reckless
35.9%
reasonably likely or greater
71.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.3% low, 73.1% moderate, 25.6% 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.
14 citations taken to the federal commission · 18% of citations on record
  • Settled 4 · 29%
  • Stood as issued 10 · 71%
71%
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 7 decided S&S contests · industry: 79%
76%
Penalty reduction in decided contests
$15K proposed, $3K 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 2007-06-01.
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
CENT 2005-88M Dismissal Zielinski 2006 $11K → $300
CENT20030194M Settlement Bulluck 2004 $7K → $4K
CENT20020227M Settlement Weisberger 2002 $4K → $102
CENT20020098M Settlement Weisberger 2002 $2K → $646
CENT 2003-268-M Settlement Bulluck 2003 $2K → $1K
CENT 2007-211M Settlement Zielinski 2008 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Weirich Brothers Inc 1985 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2007 6
2006 4
2005 5
2004 6
2003 6
2002 5
2001 5
2000 4
Source: MSHA quarterly employment and production, updated weekly.

DAVIS PIT sits in Kimble County, Texas, where the Census mining category is 0.4% 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.
Kimble County, Texas · Population 4,355
0.4%
Mining share of county employment
$65,703
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
2007 Q4 2,055 0 0 0.0
2007 Q3 2,770 0 0 0.0
2007 Q2 2,803 1 0 356.8
2007 Q1 3,723 0 0 0.0
2006 Q4 2,420 1 1 413.2
2006 Q3 2,311 3 2 1298.1
2006 Q2 2,581 0 0 0.0
2006 Q1 2,774 0 0 0.0
Show 24 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2005 Q4 2,711 0 0 0.0
2005 Q3 3,662 0 0 0.0
2005 Q2 2,237 3 2 1341.1
2005 Q1 2,264 0 0 0.0
2004 Q4 2,522 0 0 0.0
2004 Q3 4,514 10 2 2215.3
2004 Q2 4,297 0 0 0.0
2004 Q1 3,035 2 1 659.0
2003 Q4 3,907 0 0 0.0
2003 Q3 3,539 0 0 0.0
2003 Q2 3,995 0 0 0.0
2003 Q1 2,760 18 3 6521.7
2002 Q4 2,256 0 0 0.0
2002 Q3 3,719 8 2 2151.1
2002 Q2 3,673 0 0 0.0
2002 Q1 2,993 9 2 3007.0
2001 Q4 1,811 0 0 0.0
2001 Q3 3,456 0 0 0.0
2001 Q2 4,198 22 9 5240.6
2001 Q1 2,659 0 0 0.0
2000 Q4 1,978 0 0 0.0
2000 Q3 2,640 0 0 0.0
2000 Q2 3,272 3 3 916.9
2000 Q1 1,700 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2007 · 1 incident

October 16, 2007 TX · Metal/Non-Metal ledgeman/hand, quarry man EXPLODING VESSELS UNDER PRESSURE
Weirich Brothers Inc · Struck by flying object

Employee was mounting a tire and a wheel on a rock truck when it exploded sending the split ring and the ring out hitting him on the hand and leg.

2003 · 2 incidents

April 28, 2003 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Weirich Brothers Inc · Fall onto or against objects

HE WAS ON CATWALK OF SCREENING UNIT TIGHTENING A BOLT. THE WRENCH SLIPPED CAUSING HIM TO FALL ON THE CATWALK, STRAINING MUSCLES IN HIS BACK.

2002 · 1 incident

February 6, 2002 TX · Metal/Non-Metal truck driver MACHINERY
Weirich Brothers Inc · Struck by flying object

EE WAS CUTTING A PIECE OF PIPE WITH A TORCH. THE PIPE WAS RUSTY A PIECE OF RUST FLEW INTO HIS LEFT EYE. HE WENT TO THE DR AND THE PARTICLE WAS REMOVED HE WAS NOT WEARING HIS GOGGLES.

1997 · 1 incident

May 26, 1997 TX · Metal/Non-Metal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor MACHINERY
Weirich Brothers Inc · Struck by flying object

WHILE PUTTING THE GRINDER AWAY, HE ACCIDENTLY HIT THE SWITCH TURNING IT ON. THE GRINDER SENT A PIECE OF METAL INTO HIS EYE BENEATH HIS GLASSES. HE DIDN'T HAVE HIS GOGGLES ON SINCE HE WAS THROU GH WITH THE GRINDER.