Mining Incidents

Fisher Industries Plant 10: 27 MSHA citations Metal/Non-Metal

Controlled by Thomas G Fisher
Phillip, Kidder County, ND  ·  Intermittent
MSHA Mine ID: 3200596

Fisher Industries Plant 10 has $16K 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
23
Years on record
1984–2013
Latest incident
Nov 2013
Compliance record
MSHA citations since 2001
27
citations
7
significant & substantial
$15,679
proposed penalties
$14,459
paid to date
92% of proposed penalties paid to date, a $1,220 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
47
inspections on record
670
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: 670 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 10 has $16K 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.
$16K
proposed penalties
$14K
current assessed
$14K
paid to date
$0
outstanding
27 assessments are final orders; 2 contested dockets.
Of $12K in penalties contested before the Commission, $11K was upheld in final decisions.
As of the most recent assessment on 2020-07-01.
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.
25.9%
significant & substantial
14.8%
high negligence or reckless
25.9%
reasonably likely or greater
55.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.7% low, 81.5% moderate, 14.8% 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.
4 citations taken to the federal commission · 15% of citations on record
  • Settled 4 · 100%
75%
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 4 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$15K proposed, $11K 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 2017-01-26.
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 2016-0385 Settlement Paez 2016 $12K → $11K
CENT 2013-362M Settlement Lesnick 2013 $127 → $127
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: 2026-03-25
17%
of limit-tested samples over the exposure limit
13
samples
6
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz91 over
  • Respirable dust, <.1mg4
Show the individual readings (13)
Date Contaminant Concentration Limit Conc / limit Occupation
2018-08-21 Quartz, respirable, >1% Qtz 4.37 1.54 2.84 Front-end Loader Operator
2026-03-25 Respirable dust, <.1mg 0 Bulldozer Operator
2026-03-25 Quartz, respirable, >1% Qtz 0.58 0.67 0.87 Lab Technician
2026-03-25 Respirable dust, <.1mg 0 Utility Man
2019-04-16 Quartz, respirable, >1% Qtz 0.17 Bobcat Operator
2019-04-16 Respirable dust, <.1mg 0 Bulldozer Operator
2019-04-16 Quartz, respirable, >1% Qtz 0.22 0.53 0.42 Front-end Loader Operator
2019-04-16 Respirable dust, <.1mg 0 Tractor Operator
2018-10-10 Quartz, respirable, >1% Qtz 0.32 Front-end Loader Operator
2018-08-21 Quartz, respirable, >1% Qtz 1.02 1.28 0.80 Laborer, Bullgang
2018-08-21 Quartz, respirable, >1% Qtz 0.21 Bulldozer Operator
2010-06-23 Quartz, respirable, >1% Qtz 0.18 1.17 0.15 Crusher Oper/Worker
2010-06-23 Quartz, respirable, >1% Qtz 0.79 1.02 0.77 Laborer, Bullgang

Area samples (mill and shop air)

Last sampled: 2018-10-10, 7 years ago
4
samples
Show the individual readings (4)
Date Contaminant Concentration Limit Conc / limit Area sampled
2018-10-10 Respirable dust, <.1mg 0 SF ACTIVE MINING
2018-10-10 Quartz, respirable, >1% Qtz 0.7 SF ORE PROCESSING
2015-05-05 Respirable dust, <.1mg 0 SF OFF/LUNCH/S
2015-05-05 Respirable dust, <.1mg 0 SF OFF/LUNCH/S
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 10 recorded 0.00 reportable injury cases per 100 full-time workers in 2005.

Injury rate, 2005
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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 3.76 and the all-US-mining average was 4.21 cases per 100 workers.
In North Dakota, metal and nonmetal mining averaged 2.70 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
2005 * 0.00 0.00 0.000
2004 * 0.00 0.00 0.000
2002 * 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 Co 1978 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 11
2025 5
2024 5
2023 5
2022 6
2021 7
2020 7
2019 4
2018 5
2017 4
2016 5
2015 6
2014 5
2013 5
2012 5
2011 3
2010 4
2009 5
2008 3
2007 4
2006 5
2005 8
2004 14
2003 7
2002 9
2001 7
2000 7
Source: MSHA quarterly employment and production, updated weekly.

Fisher Industries Plant 10 sits in Kidder County, North Dakota, where the Census mining category is 1.7% 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.
Kidder County, North Dakota · Population 2,374
1.7%
Mining share of county employment
$61,850
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 6,613 0 0 0.0
2026 Q1 1,943 0 0 0.0
2025 Q4 2,400 0 0 0.0
2025 Q3 2,795 0 0 0.0
2025 Q2 3,396 0 0 0.0
2025 Q1 360 0 0 0.0
2024 Q4 1,574 0 0 0.0
2024 Q3 2,897 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 2,709 0 0 0.0
2024 Q1 1,404 0 0 0.0
2023 Q4 2,720 0 0 0.0
2023 Q3 2,739 0 0 0.0
2023 Q2 3,212 0 0 0.0
2023 Q1 763 0 0 0.0
2022 Q4 2,062 0 0 0.0
2022 Q3 3,919 0 0 0.0
2022 Q2 3,976 0 0 0.0
2022 Q1 749 0 0 0.0
2021 Q4 2,813 0 0 0.0
2021 Q3 5,015 0 0 0.0
2021 Q2 4,514 0 0 0.0
2021 Q1 1,120 0 0 0.0
2020 Q4 1,474 0 0 0.0
2020 Q3 5,380 1 0 185.9
2020 Q2 3,827 0 0 0.0
2020 Q1 713 0 0 0.0
2019 Q4 2,869 0 0 0.0
2019 Q3 3,168 0 0 0.0
2019 Q2 3,466 1 0 288.5
2019 Q1 0 0 0
2018 Q4 1,235 0 0 0.0
2018 Q3 3,234 3 1 927.6
2018 Q2 2,800 0 0 0.0
2018 Q1 233 0 0 0.0
2017 Q4 1,698 0 0 0.0
2017 Q3 4,894 0 0 0.0
2017 Q2 3,346 0 0 0.0
2017 Q1 0 0 0
2016 Q4 2,233 0 0 0.0
2016 Q3 3,821 0 0 0.0
2016 Q2 3,047 0 0 0.0
2016 Q1 1,370 3 2 2189.8
2015 Q4 2,121 0 0 0.0
2015 Q3 4,353 0 0 0.0
2015 Q2 2,965 0 0 0.0
2015 Q1 706 0 0 0.0
2014 Q4 2,040 0 0 0.0
2014 Q3 6,020 0 0 0.0
2014 Q2 4,615 0 0 0.0
2014 Q1 1,344 0 0 0.0
2013 Q4 1,774 0 0 0.0
2013 Q3 3,522 0 0 0.0
2013 Q2 4,224 1 0 236.7
2013 Q1 3,200 1 0 312.5
2012 Q4 3,037 0 0 0.0
2012 Q3 4,723 0 0 0.0
2012 Q2 6,467 0 0 0.0
2012 Q1 2,698 1 0 370.6
2011 Q4 2,968 0 0 0.0
2011 Q3 3,480 0 0 0.0
2011 Q2 492 1 0 2032.5
2011 Q1 1,251 0 0 0.0
2010 Q4 3,465 0 0 0.0
2010 Q3 4,774 0 0 0.0
2010 Q2 3,493 0 0 0.0
2010 Q1 2,025 0 0 0.0
2009 Q4 4,831 2 0 414.0
2009 Q3 5,198 0 0 0.0
2009 Q2 3,482 3 1 861.6
2009 Q1 2,532 0 0 0.0
2008 Q4 2,366 0 0 0.0
2008 Q3 3,247 0 0 0.0
2008 Q2 2,091 0 0 0.0
2008 Q1 1,476 0 0 0.0
2007 Q4 2,911 0 0 0.0
2007 Q3 4,642 0 0 0.0
2007 Q2 4,153 0 0 0.0
2007 Q1 1,449 0 0 0.0
2006 Q4 4,912 0 0 0.0
2006 Q3 2,283 0 0 0.0
2006 Q2 4,735 1 0 211.2
2006 Q1 3,549 0 0 0.0
2005 Q4 4,391 4 2 911.0
2005 Q3 7,842 1 1 127.5
2005 Q2 6,583 0 0 0.0
2005 Q1 6,719 0 0 0.0
2004 Q4 13,120 0 0 0.0
2004 Q3 9,706 0 0 0.0
2004 Q2 9,141 1 0 109.4
2004 Q1 4,533 0 0 0.0
2003 Q4 7,551 0 0 0.0
2003 Q3 6,212 0 0 0.0
2003 Q2 4,372 0 0 0.0
2003 Q1 447 0 0 0.0
2002 Q4 6,366 0 0 0.0
2002 Q3 6,277 0 0 0.0
2002 Q2 7,524 0 0 0.0
2002 Q1 2,853 0 0 0.0
2001 Q4 3,461 0 0 0.0
2001 Q3 4,853 0 0 0.0
2001 Q2 3,684 2 0 542.9
2001 Q1 5,825 1 0 171.7
2000 Q4 2,534 0 0 0.0
2000 Q3 5,443 0 0 0.0
2000 Q2 5,735 0 0 0.0
2000 Q1 5,634 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

23 on file

2013 · 1 incident

November 26, 2013 ND · Metal/Non-Metal ledgeman/hand, quarry man SLIP OR FALL OF PERSON
Fisher Sand & Gravel Co · Fall from machine

EE was standing on trailer 5-541 reached up to grab onto the side of conveyor 14-1000, lost his grip, slipped off the trailer and twisted his left ankle.

2008 · 1 incident

2000 · 1 incident

September 11, 2000 ND · Metal/Non-Metal truck driver SLIP OR FALL OF PERSON
Fisher Sand & Gravel Co · Fall from ladders

EE WAS LOOSENING AN OIL LINE FROM THE SPOKANE ENGINE WORKING FROM A STANDING LADDER. EE GAVE A TUG ON THE HOSE, IT POPPED OFF AND EE LOST HIS BALANCE ON THE LADDER AND FELL ABOUT 4-5 FEET ON H IS LEFT SIDE.

1999 · 1 incident

May 18, 1999 ND · Metal/Non-Metal POWERED HAULAGE
Fisher Sand & Gravel Co · Caught in, under or between (Not Elsewhere Classified)

WHILE MOVING A STACKER EE HELD A MUD FLAP TO PREVENT IT FROM GETTING DRIVEN ON. THE STACKER HIT A HOLE CAUSING THE FINGER TO GET PINCHED

1997 · 1 incident

September 3, 1997 ND · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Co · Over-exertion (Not Elsewhere Classified)

CLAIM ANT COMPLAINED OF STOMACH. PAIN. CONTINUED TO WORK THROUGH 9-4 AND WENT HOME ILL AFTER 1100 HOURS OF WORK. ON 9-5 HE HAD AN APPENDEX TO MY FURTHER DISCOVERED THAT HE HAD A HERNIA ALSO. S CHEDULED FOR SURGERY AGAIN. OCCURED WHILE ADJUSTING CRUSHER JAWS.

1996 · 1 incident

August 8, 1996 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Struck by falling object

CLEANING EQUIPMENT, DURING TEARDOWN. ROCK FELL AND HIT HIM IN THE EYE.

1995 · 2 incidents

August 2, 1995 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Struck by falling object

CHANGING SCREENS IN 3 DECK PLANT WHICH REQUIRES LAYING ON YOUR BACK LOOKING UP. PUSHING A SCREENIN PLACE CAUSED SOME FALLING MATERIAL TO HIT HISFACE FALL BEHIND SAFETY GLASSES AND A PARTICLE GOT INTO HIS EYES.

June 26, 1995 ND · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY
Fisher Sand & Gravel Co · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS AT TEMPTING TO FREE A JAW CRUSHER JAW WITH A BAR THE BAR WAS GRABBED BY THE ROCK & JAW RESULTING IN THE TOP OF THE BAR HITTING HIM IN THE UPPER STOMACH AREA

1994 · 3 incidents

August 17, 1994 ND · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Co · Over-exertion in wielding or throwing objects

EE WAS HOLDING A ROPE TIED TO THE HAMMER WRENCH WHEN THE EE SWINGING THE HAMMER SLIPPED, MISSING THE WRENCH AND STRIKING THE EE IN THE RIGHT SHOULDER.

March 31, 1994 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Over-exertion (Not Elsewhere Classified)

EE CLAIMED THAT SHOVELING CAUSED HIS ARM TO INFLAME AND SWELL. HE DID NOT REPORT THE ACCIDENT IF THERE WAS ONE. HE INFORMED US FOUR DAYS AFTER HE CLAIMS TO HAVE BEEN INJURED.

March 14, 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 Co · Over-exertion in lifting objects

STRAINED LOWER BACK WHILE LOADING BLOCKING OFF OF A CRUSHER.

1993 · 1 incident

April 8, 1993 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Co · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS CLEARING A LODGED ROCK OUT OF THE TRAP DOOR. THE MATERIAL SLID AND CAUSED HIS BAR DO SHIFT HITTING HIM IN THE CHEEK.

1992 · 2 incidents

September 29, 1992 ND · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY
Fisher Sand & Gravel Co · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS BARRING OUT SPOKANE CRUSHER TO UNPLUG IT. BAR WAS CAUGHT IN THE ROTATING TABLE AND STRUCK HIS HAND.

July 28, 1992 ND · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Struck by... (Not Elsewhere Classified)

95719RING GROZZLY WITH NEW IRON IT HAD A SHARP EDGE AND CUT THRU A LEATHER GLOVE WHICH LIFTING ON.

1991 · 4 incidents

November 26, 1991 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Fisher Sand & Gravel Co · Struck by... (Not Elsewhere Classified)

INSTALLING WHEELS UNDER A PORTABLE CONVEYOR CONVEYOR SWUNG OVER & HIT EMPLOYEE IN LEG

September 9, 1991 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS PULLING ON ELECTRICAL CORDS AND WINDING THEM UP FOR TRANSIT THE STRAIN OF PULLING AND TWISTING CAUSED A MUSCLE SPASM.

August 31, 1991 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Fisher Sand & Gravel Co · Flash burns (welding)

EMPLOYEE WAS ASSISTING A MAINTANCE PERSON HOLDING A PLATE ON THE DOZER BLADE WHICH NEEDED TO BE WELDED IN PLACE. THE DOZER BLADE WAS SHINNY AND HE RESERVED REFLECTIVE GLARE TO GIVE HIS EYES FL ASH BURN.

February 21, 1991 ND · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Co · Struck against stationary object

EMPLOYEE WAS INSIDE OF A 3 DOCK SCREEN REMOVING BOLTS WITH HIS HARD HAT ON HE HIT HIS HEAD AND JARRED HIS NECK MUSCLES.

1990 · 1 incident

October 11, 1990 ND · Metal/Non-Metal outside foreman, leadman HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Over-exertion (Not Elsewhere Classified)

COMPLETING GENERAL REPAIR WORK AROUND CRUSHING PLANT-CLIMBING-LIFTING AND MOVING BLOCKING.

1987 · 1 incident

July 10, 1987 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Struck by... (Not Elsewhere Classified)

ROTATING WHEEL5S ON THE STACVKER & A BOLT STICKING OUT OF ELECTRICAL PANEL & CUT HIS UPPER LEFT HAND

1986 · 2 incidents

December 16, 1986 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Fisher Sand & Gravel Co · Struck against a moving object

DOZER OPERATOR 2AS BEEN IN SERIES OF GRAVEL PITS WITH EXCEPTIONALLY ROUGH,ROCKY BOTTOM CAUSING E UNEVEN SURFACE WHICH IN TURN LENDS TO ROUGH JARRING RIDE.

1984 · 1 incident

May 24, 1984 ND · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Struck by falling object

PLANT WAS SHUT DOWN TO REPAIR A STICKY TRAP DOOR THE TWO MEN ASSIGNED THE REPAIR WERE HAVING TROUBLE & SEEING THIS THE INJURED PERSON UNKNOWING..TO THE OTHER RENDERED ASSISTNCE. THE JARRED DOO R LET HOSE SMASHING HIS HAND