Mining Incidents

DOUG FOUTZ CONSTRUCTION: 77 MSHA citations Metal/Non-Metal

Controlled by Doug Foutz
Farmington, San Juan County, NM  ·  Abandoned
MSHA Mine ID: 2901886

DOUG FOUTZ CONSTRUCTION has $17K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
1988–1991
Latest incident
Sep 1991
Compliance record
MSHA citations since 2000
77
citations
24
significant & substantial
$16,883
proposed penalties
$16,883
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
31
inspections on record
216
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: 216 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

DOUG FOUTZ CONSTRUCTION has $17K in proposed MSHA penalties and $0 outstanding across 2 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.
$17K
proposed penalties
$17K
current assessed
$17K
paid to date
$0
outstanding
75 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2009-01-29.
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.
32.0%
significant & substantial
4.0%
high negligence or reckless
32.0%
reasonably likely or greater
70.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 17.3% low, 78.7% moderate, 4.0% 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.
6 citations taken to the federal commission · 8% of citations on record
  • Stood as issued 6 · 100%
0%
Penalty reduction in decided contests
$2K proposed, $2K 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 2005-11-23.
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 2006-39M Default Lesnick 2006 $2K → $2K
CENT 2006-58M Default Lesnick 2006 $926 → $926
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Doug Foutz Construction 1982 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2010 0
2009 4
2008 3
2007 3
2006 3
2005 3
2004 4
2003 2
2002 4
2001 4
2000 3
Source: MSHA quarterly employment and production, updated weekly.

DOUG FOUTZ CONSTRUCTION sits in San Juan County, New Mexico, where the Census mining category is 7.5% 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.
San Juan County, New Mexico · Population 121,178
7.5%
Mining share of county employment
$53,020
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 Q1 0 0 0
2009 Q4 521 0 0 0.0
2009 Q3 1,442 0 0 0.0
2009 Q2 1,513 0 0 0.0
2009 Q1 454 9 3 19823.8
2008 Q4 1,104 0 0 0.0
2008 Q3 1,102 0 0 0.0
2008 Q2 881 0 0 0.0
Show 30 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q1 962 0 0 0.0
2007 Q4 603 3 0 4975.1
2007 Q3 74 0 0 0.0
2007 Q2 121 0 0 0.0
2007 Q1 182 3 1 16483.5
2006 Q4 1,135 0 0 0.0
2006 Q3 762 0 0 0.0
2006 Q2 723 0 0 0.0
2006 Q1 241 0 0 0.0
2005 Q4 721 0 0 0.0
2005 Q3 689 3 0 4354.1
2005 Q2 181 5 0 27624.3
2005 Q1 0 0 0
2004 Q2 289 17 6 58823.5
2004 Q1 301 0 0 0.0
2003 Q4 0 2 0
2003 Q3 621 0 0 0.0
2003 Q2 767 12 3 15645.4
2003 Q1 656 0 0 0.0
2002 Q4 594 0 0 0.0
2002 Q3 397 7 2 17632.2
2002 Q2 238 0 0 0.0
2001 Q4 664 0 0 0.0
2001 Q3 705 0 0 0.0
2001 Q2 676 0 0 0.0
2001 Q1 168 3 1 17857.1
2000 Q4 448 0 0 0.0
2000 Q3 605 0 0 0.0
2000 Q2 693 11 6 15873.0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

2 on file

1991 · 1 incident

September 26, 1991 NM · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Doug Foutz Construction · Struck against a moving object

OPERA TING A CAT 980 LOADER OPERAT OR WAS STRIPPING PIT ;RUN WHEN APPARENTLY THE BUCKET HUNG UPON A LARGE ROCK JARRING H IM ABRUPTLY THIS INJURY WAS REPORTED 10-10-91 I NAME HAS A DOC APPOINTE NT SCHEDULE FOR 10-14 -91

1988 · 1 incident

July 12, 1988 NM · Metal/Non-Metal mine manager, mine foreman, mine owner HANDTOOLS (NONPOWERED)
Doug Foutz Construction · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS PULLING ON A COME-ALONG AND THE HOOK SLIPPED OFF,HE STARTED TO FALL OVER BACKWARDS.THIS WASN'T REPORTED TO THE OFFICE.EMPLOYEE WAS STILL WORKING AND GOINF TO A CHIROPRACTOR.HE IS STILL UNDER A DCOTORS CARE BECAUSE OF TREATMENT RECEIVED FROM CHIROPRACTOR AND THE STRAIN ON HIS BACK HERE AT WORK.