Mining Incidents

Fisher Industries Plant 1: 37 MSHA citations Metal/Non-Metal

Controlled by Thomas G Fisher
Scanton, Stark County, ND  ·  Intermittent
MSHA Mine ID: 3200156

Fisher Industries Plant 1 has $9K 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
22
Years on record
1983–2024
Latest incident
May 2024
Compliance record
MSHA citations since 2001
37
citations
7
significant & substantial
$8,789
proposed penalties
$8,646
paid to date
98% of proposed penalties paid to date, a $143 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
36
inspections on record
491
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: 491 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Fisher Industries Plant 1 has $9K 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.
$9K
proposed penalties
$9K
current assessed
$9K
paid to date
$0
outstanding
36 assessments are final orders; 2 contested dockets.
Of $1K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2025-08-13.
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.
18.9%
significant & substantial
5.4%
high negligence or reckless
16.2%
reasonably likely or greater
37.8%
permanently disabling or fatal if injury occurs
Negligence coding: 2.7% none, 16.2% low, 75.7% moderate, 5.4% 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.
2 citations taken to the federal commission · 5% of citations on record
  • Settled 1 · 50%
  • Stood as issued 1 · 50%
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 2 decided S&S contests · industry: 79%
10%
Penalty reduction in decided contests
$1K proposed, $1K 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 2023-11-20.
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 2018-0450 Settlement Lesnick 2018 $1K → $1K
CENT 2024-0027 Dismissal Simonton 2024 $143 → $0
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: 2024-02-14
0%
of limit-tested samples over the exposure limit
9
samples
2
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg6
  • Quartz, respirable, >1% Qtz3
Show the individual readings (9)
Date Contaminant Concentration Limit Conc / limit Occupation
2024-02-14 Respirable dust, <.1mg 0 Crusher Oper/Worker
2024-02-14 Respirable dust, <.1mg 0 Utility Man
2024-02-14 Respirable dust, <.1mg 0 Front-end Loader Operator
2018-06-27 Quartz, respirable, >1% Qtz 1.01 1.07 0.94 Crusher Oper/Worker
2018-06-27 Quartz, respirable, >1% Qtz 0.13 Belt Crew
2018-06-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2012-11-14 Respirable dust, <.1mg 0 Bulldozer Operator
2012-11-14 Respirable dust, <.1mg 0 Front-end Loader Operator
2012-11-14 Quartz, respirable, >1% Qtz 0.13 1.05 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.

Fisher Industries Plant 1 recorded 0.00 reportable injury cases per 100 full-time workers in 2004.

Injury rate, 2004
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US metal and nonmetal mining average was 3.73 and the all-US-mining average was 4.33 cases per 100 workers.
In North Dakota, metal and nonmetal mining averaged 0.97 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
2004 * 0.00 0.00 0.000
2001 * 4.55 0.00 0.000
2000 * 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. Fisher Sand & Gravel Company 1950 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 8
2025 7
2024 7
2023 8
2022 5
2021 3
2020 0
2019 2
2018 4
2017 5
2015 2
2014 5
2013 5
2012 3
2011 6
2010 3
2009 5
2008 3
2007 4
2006 5
2005 6
2004 8
2003 7
2002 3
2001 16
2000 18
Source: MSHA quarterly employment and production, updated weekly.

Fisher Industries Plant 1 sits in Stark County, North Dakota, where the Census mining category is 9.5% 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.
Stark County, North Dakota · Population 33,116
9.5%
Mining share of county employment
$80,744
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
2026 Q2 476 0 0 0.0
2026 Q1 3,647 0 0 0.0
2025 Q4 3,390 0 0 0.0
2025 Q3 3,485 1 0 286.9
2025 Q2 893 0 0 0.0
2025 Q1 3,254 0 0 0.0
2024 Q4 3,001 0 0 0.0
2024 Q3 2,966 0 0 0.0
Show 92 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 2,294 3 0 1307.8
2024 Q1 1,426 0 0 0.0
2023 Q4 2,859 0 0 0.0
2023 Q3 2,998 2 1 667.1
2023 Q2 3,736 0 0 0.0
2023 Q1 4,621 0 0 0.0
2022 Q4 2,454 0 0 0.0
2022 Q3 2,098 0 0 0.0
2022 Q2 3,242 0 0 0.0
2022 Q1 1,856 0 0 0.0
2021 Q4 1,532 0 0 0.0
2021 Q3 506 0 0 0.0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 993 0 0 0.0
2019 Q1 2,131 0 0 0.0
2018 Q4 3,026 0 0 0.0
2018 Q3 2,004 0 0 0.0
2018 Q2 896 2 1 2232.1
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 2,650 0 0 0.0
2017 Q2 5,295 0 0 0.0
2017 Q1 437 1 0 2288.3
2015 Q4 0 0 0
2015 Q3 1,197 0 0 0.0
2015 Q2 0 0 0
2014 Q3 809 0 0 0.0
2014 Q2 1,895 0 0 0.0
2014 Q1 1,011 0 0 0.0
2013 Q4 3,889 0 0 0.0
2013 Q3 3,354 0 0 0.0
2013 Q2 3,275 0 0 0.0
2013 Q1 3,161 0 0 0.0
2012 Q4 2,565 0 0 0.0
2012 Q3 3,533 0 0 0.0
2012 Q2 3,106 0 0 0.0
2012 Q1 1,489 0 0 0.0
2011 Q4 3,016 0 0 0.0
2011 Q3 4,464 1 0 224.0
2011 Q2 3,459 0 0 0.0
2011 Q1 2,627 0 0 0.0
2010 Q4 2,001 0 0 0.0
2010 Q3 2,295 0 0 0.0
2010 Q2 2,309 0 0 0.0
2010 Q1 1,055 0 0 0.0
2009 Q4 1,440 0 0 0.0
2009 Q3 4,963 0 0 0.0
2009 Q2 2,908 0 0 0.0
2009 Q1 4,730 3 0 634.2
2008 Q4 1,886 0 0 0.0
2008 Q3 3,271 0 0 0.0
2008 Q2 939 0 0 0.0
2008 Q1 2,371 1 0 421.8
2007 Q4 2,555 0 0 0.0
2007 Q3 2,890 1 0 346.0
2007 Q2 2,922 0 0 0.0
2007 Q1 3,713 0 0 0.0
2006 Q4 2,125 0 0 0.0
2006 Q3 3,968 1 0 252.0
2006 Q2 5,023 0 0 0.0
2006 Q1 3,489 0 0 0.0
2005 Q4 1,898 0 0 0.0
2005 Q3 2,859 0 0 0.0
2005 Q2 4,892 0 0 0.0
2005 Q1 8,271 0 0 0.0
2004 Q4 10,354 3 1 289.7
2004 Q3 1,878 4 0 2129.9
2004 Q2 5,375 0 0 0.0
2004 Q1 2,723 0 0 0.0
2003 Q4 5,604 3 0 535.3
2003 Q3 5,233 0 0 0.0
2003 Q2 6,051 0 0 0.0
2003 Q1 185 1 0 5405.4
2002 Q4 5,303 0 0 0.0
2002 Q3 2,055 0 0 0.0
2002 Q2 0 0 0
2002 Q1 598 0 0 0.0
2001 Q4 7,080 0 0 0.0
2001 Q3 9,955 0 0 0.0
2001 Q2 9,074 0 0 0.0
2001 Q1 17,811 4 2 224.6
2000 Q4 14,257 0 0 0.0
2000 Q3 13,113 0 0 0.0
2000 Q2 12,071 0 0 0.0
2000 Q1 7,868 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

22 on file

2024 · 1 incident

May 14, 2024 ND · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall down stairs

Fell backward onto stairs; bumping back & dropping item being carried on knee

2021 · 1 incident

September 9, 2021 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Company · Struck by... (Not Elsewhere Classified)

Doing routine maintenance, wrench slipped & caused laceration to top of hand.

2010 · 2 incidents

September 12, 2010 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall to the walkway or working surface

Running to shut off spokane and fell injuring chest area. Cracked a rib which resulted in one lost day from work.

September 11, 2010 ND · Metal/Non-Metal outside foreman, leadman MACHINERY
Fisher Sand & Gravel Company · Struck against a moving object

Backed off an embankment resulting in jolt to neck. Employee has no lost/restricted time but went to the chiropractor for adjustments.

2008 · 1 incident

August 28, 2008 ND · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Over-exertion in lifting objects

Lifting roller into conveyor, pulled muscle in lower back.

2007 · 1 incident

January 15, 2007 ND · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall from ladders

It was cold and frosty on the equipment and ladders. EE was coming down from doing task and slipped on ladder and landed on a step, groin first.

2001 · 1 incident

April 27, 2001 ND · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Struck against stationary object

EE CHANGING CUTTING EDGES ON LOADER BUCKET EE CUT HAND ON SHARP EDGE OF BOLT HOLDING CUTTING EDGE.

1996 · 1 incident

June 29, 1996 ND · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Fisher Sand & Gravel Company · Struck against a moving object

LOADER OPERATOR BACKED OFF OF A 1 1/2 2" CUT BANK.

1994 · 1 incident

November 11, 1994 ND · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Struck by... (Not Elsewhere Classified)

THE EMPLOYEE WAS LOWERING HTE STAND FOR A CONVEYOR. WHEN HE PULLED THE PIN IT SWUNG DOWN & BACK STRIPPING THE BACK SIDE OF HIS HAND.

1990 · 2 incidents

March 19, 1990 ND · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Over-exertion (Not Elsewhere Classified)

STEPPED OFF A LOW BOY AND RE-INJURED HIS BACK.

March 5, 1990 ND · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall to the walkway or working surface

EMPLOYEE WAS CUTTING OFF ROLLERS ON A CONVEYOR WHEN THE HOSE FROM THE TORCH SET GOT STUCK UNDER THE WHEELS OF THE CART. THE EMPLOYEE TRIED TO LIFT THE CART OFF OF THE HOSE INSTEAD OF ROLLING I T AHEAD. LOST HIS BALANCE AND FELL TO THE FLOOR.

1988 · 3 incidents

October 25, 1988 ND · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall from machine

STANDING ON TIRE (FROSTY) & SLIPPED OFF WHILE CHECKING ENGINE COLLANT HURT HIS BACK.

July 28, 1988 ND · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Struck against stationary object

DRIVER WA> HELPING MECHANIC CHANGE A FAN BELT WENT INTO TRUCK FOR TET , STEPED OUT OF TRUCK AND T URNED HIS ANKLE OVER

1987 · 2 incidents

December 14, 1987 ND · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Over-exertion (Not Elsewhere Classified)

WORKING UNDER D2ZER-TWISTED HIS BACK THE WRONG WAY PULLING A MUSCLE IN LUMBAR REGION OF BACK.

August 31, 1987 ND · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall from machine

WORKING ON INSI8E OF TRUCK CAB STEPPED OUT OF CAB ONTO CREEPER SOMEONE HAD LEFT UNDER STEP.

1986 · 2 incidents

June 11, 1986 ND · Metal/Non-Metal HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Company · Struck by... (Not Elsewhere Classified)

WHIEL USING A C2ISEL A PORTION OF THE CHISEL CUTTING EDGE BROKE LOOSE AND LODGED IN THE HAND OF THE EMPLOYEE THIS CHISEL WAS IN VERY GOOD CONDITION

May 1, 1986 ND · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS RE4OVING A ROLLER FROM A CONVEYOR WHILE STANDING ON THE CONVEYOR STRUCTURE-HE SUPPORTED HIMSELF WITH ONE HAND WHILE REMOVING THE ROLLER WITH THE OTHER-THE ROLLER SLID-SMASHING HI S LEFT INDEX FI3GER

1984 · 1 incident

February 24, 1984 ND · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver MACHINERY
Fisher Sand & Gravel Company · Struck by flying object

REPAIRING BROKE SHOES ON TROLLER-ANOTHER WORKER WAS USING A TORCH 10 FT AWAY & A SMALL OBJECT GOT INTO HIS RIGHT EYE.

1983 · 3 incidents

May 21, 1983 ND · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall from machine

DRIVER CLIMBED ONTO TRUCK-HIS FOREMAN DROVE IP & BEGAN GIVING DIRECTIONS & IN ORDER TO HEAR HE LEANED OVER EDGE PF TRUCK & FELL TOG ROUND.

February 16, 1983 ND · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Fisher Sand & Gravel Company · Struck by flying object

METAL GRINDING LODGED IN EYE.