Mining Incidents

Elite Mining One: 63 MSHA citations Metal/Non-Metal

Elite Mining and Materials LLC · Surface
Controlled by Stephen Phillips
Wewoka, Seminole County, OK  ·  Abandoned
MSHA Mine ID: 3402041

Elite Mining One has $22K in proposed MSHA penalties and $312 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
13
Years on record
2007–2013
Latest incident
Jul 2013
Compliance record
MSHA citations since 2007
63
citations
11
significant & substantial
$22,471
proposed penalties
$18,138
paid to date
81% of proposed penalties paid to date, a $4,333 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
23
inspections on record
336
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: 336 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Elite Mining One has $22K in proposed MSHA penalties and $312 outstanding across 5 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.
$22K
proposed penalties
$18K
current assessed
$18K
paid to date
$312
outstanding
63 assessments are final orders; 5 contested dockets.
Of $11K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2013-06-26.
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.
17.5%
significant & substantial
4.8%
high negligence or reckless
19.0%
reasonably likely or greater
63.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 28.6% low, 66.7% moderate, 4.8% 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.
10 citations taken to the federal commission · 16% of citations on record
  • Settled 9 · 90%
  • Vacated or withdrawn 1 · 10%
50%
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 6 decided S&S contests · industry: 79%
42%
Penalty reduction in decided contests
$11K 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 2012-03-20.
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 2011-192M Settlement Lesnick 2011 $4K → $2K
CENT 2012-462M Settlement Lesnick 2012 $2K → $1K
CENT 2010-1109M Settlement Lesnick 2011 $2K → $2K
CENT 2011-700M Settlement Lesnick 2011 $2K → $309
CENT 2008-561M Settlement Lesnick 2008 $524 → $200
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: 2013-01-23, 13 years ago
13%
of limit-tested samples over the exposure limit
14
samples
8
limit-tested
Most sampled contaminants
  • Nuisance dust, respirable, <1% Qtz51 over
  • Respirable dust, <.1mg6
  • Quartz, respirable, >1% Qtz3
Show the individual readings (14)
Date Contaminant Concentration Limit Conc / limit Occupation
2008-07-02 Nuisance dust, respirable, <1% Qtz 17.15 10 1.72 Drill Operator, Rotary
2013-01-23 Respirable dust, <.1mg 0 Laborer, Bullgang
2013-01-23 Nuisance dust, respirable, <1% Qtz 0.12 10 0.01 Front-end Loader Operator
2013-01-23 Respirable dust, <.1mg 0 Laborer, Bullgang
2013-01-23 Nuisance dust, respirable, <1% Qtz 0.14 10 0.01 Crusher Oper/Worker
2013-01-23 Respirable dust, <.1mg 0 Oiler, Greaser
2012-01-05 Nuisance dust, respirable, <1% Qtz 0.74 10 0.07 Front-end Loader Operator
2012-01-05 Quartz, respirable, >1% Qtz 0.27 2.14 0.13 Bulldozer Operator
2012-01-05 Respirable dust, <.1mg 0 Backhoe Operator
2010-09-14 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-09-14 Respirable dust, <.1mg 0 Bobcat Operator
2008-10-29 Quartz, respirable, >1% Qtz 0.39 2.4 0.16 Drill Operator, Rotary
2008-07-02 Nuisance dust, respirable, <1% Qtz 0.22 10 0.02 Bulldozer Operator
2008-07-02 Quartz, respirable, >1% Qtz 0.59 2.6 0.23 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.

Elite Mining One recorded 12.80 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.
12.80
total case rate
6.40
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 2.48 and the all-US-mining average was 2.96 cases per 100 workers.
In Oklahoma, metal and nonmetal mining averaged 2.14 cases per 100 workers that year.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year total case rate days-away fatal
2012 * 12.80 6.40 0.000
2011 * 21.97 8.79 0.000
2010 * 4.55 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Ownership history
  1. Falcon Materials LLC 2007 to 2024
  2. Elite Mining and Materials LLC 2024 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2013 9
2012 12
2011 17
2010 17
2009 16
2008 21
2007 24
Source: MSHA quarterly employment and production, updated weekly.

Elite Mining One sits in Seminole County, Oklahoma, where the Census mining category is 4.6% 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.
Seminole County, Oklahoma · Population 23,550
4.6%
Mining share of county employment
$46,191
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
2013 Q3 6,033 0 0 0.0
2013 Q2 7,526 2 0 265.7
2013 Q1 6,832 1 0 146.4
2012 Q4 6,343 1 0 157.7
2012 Q3 6,814 2 0 293.5
2012 Q2 8,463 1 0 118.2
2012 Q1 9,621 1 0 103.9
2011 Q4 10,750 0 0 0.0
Show 18 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q3 12,962 1 0 77.1
2011 Q2 11,655 1 0 85.8
2011 Q1 10,155 4 0 393.9
2010 Q4 12,244 0 0 0.0
2010 Q3 11,637 10 2 859.3
2010 Q2 12,631 0 0 0.0
2010 Q1 7,430 13 2 1749.7
2009 Q4 8,319 0 0 0.0
2009 Q3 8,487 9 2 1060.4
2009 Q2 7,204 0 0 0.0
2009 Q1 8,530 0 0 0.0
2008 Q4 8,205 4 3 487.5
2008 Q3 10,506 4 1 380.7
2008 Q2 13,352 0 0 0.0
2008 Q1 10,027 4 0 398.9
2007 Q4 11,452 0 0 0.0
2007 Q3 11,894 0 0 0.0
2007 Q2 11,300 3 0 265.5
No fatalities recorded at this mine.

Reportable incidents

13 on file

2013 · 2 incidents

2012 · 2 incidents

August 16, 2012 OK · Metal/Non-Metal ledgeman/hand, quarry man POWERED HAULAGE
Falcon Materials LLC · Struck by powered moving object

Was in the process of moving portable crusher and screening plant when loader lost sight of the man on the ground and hit him from behind.

April 17, 2012 OK · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Falcon Materials LLC · Struck by flying object

Grinding slag off D9 dozer rail got foreign item in eye.

2011 · 5 incidents

October 24, 2011 OK · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Falcon Materials LLC · Struck by... (Not Elsewhere Classified)

Repairing belt on stacker cut his left thumb with box knife.

August 16, 2011 OK · Metal/Non-Metal assayer, geologist, metallurgist, engineer, engineer management SLIP OR FALL OF PERSON
Falcon Materials LLC · Fall to the walkway or working surface

The ground was rough and had protruding rocks. Fell and sprained right hand.

June 17, 2011 OK · Metal/Non-Metal ledgeman/hand, quarry man HANDLING OF MATERIALS
Falcon Materials LLC · Struck by... (Not Elsewhere Classified)

Hit in the ear by a metal chip. While changing the bucket on the 450 JD Trachoe a metal chip from the bushing that was being hit with a sledge hammer flew approx. 10' piercing his right ear. Employee was treated with first aid and did not miss any time.

June 2, 2011 OK · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OCCUPATIONAL SKIN DISEASES
Falcon Materials LLC · Absorption of radiations, caustics, toxic and noxious substances

While weedeating around office and quarry employee was exposed to poison ivy. He was off work Friday and Monday and received a shot today and was released to work.

February 13, 2011 OK · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Falcon Materials LLC · Over-exertion (Not Elsewhere Classified)

Employee failed to use proper tools or equipment for task at hand.

2010 · 1 incident

August 5, 2010 OK · Metal/Non-Metal outside foreman, leadman HANDLING OF MATERIALS
Falcon Materials LLC · Over-exertion in pulling or pushing objects

Employee was pulling a 10 ton chain hoist across the floor of the shop when he hurt his back. The shop floor was dry with no excessive pot holes, or loose material. Employee pulled chain hoist aprox. 10 feet before hurting his back. Employee stated that he gave it one last pull and felt lots of pain in his back.

2007 · 3 incidents

September 12, 2007 OK · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Falcon Materials LLC · Struck against stationary object

The employee was being task trained on the drill when he went to get in and shut the door. The sliding door jamed halfway shut, and he started to pull on it. The door broke free and he caught his hand in it.

August 30, 2007 OK · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Falcon Materials LLC · Over-exertion in lifting objects

The worker was cleaning up in the staging area when he was picking up a gearbox, & pulled a muscle in his chest.

July 6, 2007 OK · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Falcon Materials LLC · Caught in, under or between (Not Elsewhere Classified)

A CONVEYOR BELT STOPPED, AND IT WAS IN THE PROCESS OF BEING CLEANED OFF WHEN AN EMPLOYEE WAS TURNING THE CONVEYOR FROM THE V-BELTS AND WENT TO FAR AND CAUGHT HIS FINGER IN THE SHEIVE, CUTTING IT HALF OFF.