Mining Incidents

Excavating Etc: 7 MSHA citations Metal/Non-Metal

Melvin D Smith · Surface
Controlled by Melvin D Smith
Troy, Lincoln County, MT  ·  Abandoned
MSHA Mine ID: 2402721

Excavating Etc has $643 in proposed MSHA penalties and $643 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2017
7
citations
1
significant & substantial
$643
proposed penalties
$0
paid to date
0% of proposed penalties paid to date, a $643 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2017
4
inspections on record
32
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: 32 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Excavating Etc has $643 in proposed MSHA penalties and $643 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.
$643
proposed penalties
$643
current assessed
$0
paid to date
$643
outstanding
5 assessments are final orders; 1 contested dockets.
Of $643 in penalties contested before the Commission, $643 was upheld in final decisions.
As of the most recent assessment on 2018-03-26.
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.
20.0%
significant & substantial
0.0%
high negligence or reckless
20.0%
reasonably likely or greater
20.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 100.0% low, 0.0% moderate, 0.0% 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.
5 citations taken to the federal commission · 71% of citations on record
  • Stood as issued 5 · 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 1 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$643 proposed, $643 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 2018-06-06.
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 2018-0424 Default Lesnick 2018 $643 → $643
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Melvin D Smith 2017 to present
Source: MSHA controller and operator history, updated weekly.

Excavating Etc sits in Lincoln County, Montana, where the Census mining category is 1.4% 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.
Lincoln County, Montana · Population 20,656
1.4%
Mining share of county employment
$47,018
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.