Mining Incidents

FISHER INDUSTRIES PLANT 23: 34 MSHA citations Metal/Non-Metal

Controlled by Thomas G Fisher
Wasta, Pennington County, SD  ·  Intermittent
MSHA Mine ID: 4801487

FISHER INDUSTRIES PLANT 23 has $5K 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
17
Years on record
1990–2024
Latest incident
Feb 2024
Compliance record
MSHA citations since 2000
34
citations
12
significant & substantial
$5,230
proposed penalties
$5,230
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
30
inspections on record
461
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: 461 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 23 has $5K 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.
$5K
proposed penalties
$5K
current assessed
$5K
paid to date
$0
outstanding
32 assessments are final orders; 2 contested dockets.
Of $303 in penalties contested before the Commission, $121 was upheld in final decisions.
As of the most recent assessment on 2024-11-20.
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.
37.5%
significant & substantial
3.1%
high negligence or reckless
37.5%
reasonably likely or greater
50.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.1% low, 93.8% moderate, 3.1% 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 · 6% of citations on record
  • Settled 1 · 50%
  • Vacated or withdrawn 1 · 50%
0%
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%
60%
Penalty reduction in decided contests
$303 proposed, $121 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 2023-04-17.
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 2023-0160 Vacate Young 2023 $182 → $0
CENT 2020-0025 Settlement 2020 $121 → $121
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: 2024-01-18
0%
of limit-tested samples over the exposure limit
10
samples
8
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz8
  • Respirable dust, <.1mg1
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (10)
Date Contaminant Concentration Limit Conc / limit Occupation
2024-01-18 Quartz, respirable, >1% Qtz 0.19 0.97 0.20 Washer Operator
2024-01-18 Respirable dust, <.1mg 0 Front-end Loader Operator
2024-01-18 Quartz, respirable, >1% Qtz 0.29 1.04 0.28 Mechanic
2017-11-14 Quartz, respirable, >1% Qtz 0.16 0.79 0.20 Front-end Loader Operator
2017-11-14 Quartz, respirable, >1% Qtz 0.18 0.74 0.24 Truck Driver
2006-01-25 Quartz, respirable, >1% Qtz 1.09 1.1 0.99 Laborer, Bullgang
2006-01-25 Unlisted Particulate, respirable, <1% Qtz 0.34 Drill Helper
2004-05-12 Quartz, respirable, >1% Qtz 0.32 0.47 0.68 Laborer, Bullgang
2004-05-12 Quartz, respirable, >1% Qtz 1.13 1.24 0.91 Crusher Oper/Worker
2004-05-12 Quartz, respirable, >1% Qtz 0.13 0.45 0.29 Supervisor, Co. Official
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 23 recorded 0.00 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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 1.65 and the all-US-mining average was 1.97 cases per 100 workers.
In South Dakota, metal and nonmetal mining averaged 2.39 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
2025 * 0.00 0.00 0.000
2024 * 4.28 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2005 * 0.00 0.00 0.000
2004 * 0.00 0.00 0.000
2003 * 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 1989 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 9
2025 10
2024 22
2023 17
2022 13
2021 8
2020 1
2019 3
2018 2
2017 1
2016 2
2015 0
2014 0
2013 3
2012 3
2011 3
2010 1
2009 2
2008 2
2007 4
2006 4
2005 9
2004 17
2003 15
2002 7
2001 2
2000 5
Source: MSHA quarterly employment and production, updated weekly.

FISHER INDUSTRIES PLANT 23 sits in Pennington County, South Dakota, where the Census mining category is 0.9% 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.
Pennington County, South Dakota · Population 112,081
0.9%
Mining share of county employment
$70,768
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 1,749 0 0 0.0
2026 Q1 3,326 0 0 0.0
2025 Q4 1,878 0 0 0.0
2025 Q3 8,242 0 0 0.0
2025 Q2 4,812 0 0 0.0
2025 Q1 5,600 0 0 0.0
2024 Q4 11,722 1 0 85.3
2024 Q3 12,455 6 4 481.7
Show 92 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 12,041 0 0 0.0
2024 Q1 10,535 0 0 0.0
2023 Q4 11,270 0 0 0.0
2023 Q3 8,848 0 0 0.0
2023 Q2 9,407 0 0 0.0
2023 Q1 8,202 6 2 731.5
2022 Q4 6,170 0 0 0.0
2022 Q3 7,050 1 0 141.8
2022 Q2 8,950 0 0 0.0
2022 Q1 5,537 0 0 0.0
2021 Q4 6,790 0 0 0.0
2021 Q3 4,652 0 0 0.0
2021 Q2 1,498 0 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 1,357 0 0 0.0
2019 Q4 1,774 0 0 0.0
2019 Q3 3,359 1 0 297.7
2019 Q2 1,466 0 0 0.0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 461 0 0 0.0
2018 Q1 565 0 0 0.0
2017 Q4 679 3 0 4418.3
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 890 0 0 0.0
2016 Q4 327 0 0 0.0
2016 Q3 41 0 0 0.0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 546 0 0 0.0
2013 Q3 556 0 0 0.0
2013 Q2 1,990 0 0 0.0
2013 Q1 598 0 0 0.0
2012 Q4 417 0 0 0.0
2012 Q3 3,044 0 0 0.0
2012 Q2 3,241 0 0 0.0
2012 Q1 502 0 0 0.0
2011 Q4 2,787 0 0 0.0
2011 Q3 2,553 0 0 0.0
2011 Q2 3,165 1 0 316.0
2010 Q4 0 0 0
2010 Q2 0 0 0
2010 Q1 1,965 0 0 0.0
2009 Q4 1,810 0 0 0.0
2009 Q3 1,625 0 0 0.0
2009 Q2 1,383 0 0 0.0
2009 Q1 0 0 0
2008 Q4 1,198 0 0 0.0
2008 Q3 1,318 0 0 0.0
2008 Q2 1,696 1 0 589.6
2008 Q1 0 0 0
2007 Q4 1,512 0 0 0.0
2007 Q3 4,106 0 0 0.0
2007 Q2 4,097 0 0 0.0
2007 Q1 3,059 0 0 0.0
2006 Q4 1,742 0 0 0.0
2006 Q3 3,413 0 0 0.0
2006 Q2 3,669 0 0 0.0
2006 Q1 3,245 1 0 308.2
2005 Q4 3,279 0 0 0.0
2005 Q3 3,649 0 0 0.0
2005 Q2 3,615 0 0 0.0
2005 Q1 15,919 8 5 502.5
2004 Q4 18,797 1 0 53.2
2004 Q3 9,353 0 0 0.0
2004 Q2 10,249 0 0 0.0
2004 Q1 10,347 0 0 0.0
2003 Q4 14,277 1 0 70.0
2003 Q3 7,168 0 0 0.0
2003 Q2 13,047 0 0 0.0
2003 Q1 5,176 0 0 0.0
2002 Q4 8,330 0 0 0.0
2002 Q3 6,624 0 0 0.0
2002 Q2 3,098 0 0 0.0
2002 Q1 0 0 0
2001 Q4 0 0 0
2001 Q3 0 0 0
2001 Q2 0 0 0
2001 Q1 6,040 0 0 0.0
2000 Q4 3,688 0 0 0.0
2000 Q3 2,954 0 0 0.0
2000 Q2 2,693 0 0 0.0
2000 Q1 4,802 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

17 on file

2024 · 1 incident

February 7, 2024 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Rubbed or abraded

Mud boots. *Wore boots with no socks, rubbed skin off feet in places.

2011 · 1 incident

2007 · 2 incidents

September 24, 2007 SD · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Over-exertion in lifting objects

EE was helping change the hammers and anvils in the spokane. When he picked one up, he tore a bicep muscle in his right arm.

June 4, 2007 SD · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Company · Struck against stationary object

Unplugging crusher with bar and struck elbow on bar.

2002 · 1 incident

December 4, 2002 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall from machine

EE WAS EXITING LOADER & SLIPPED & FELL ON SHOULDER INJURING RIGHT SIDE.

1998 · 1 incident

March 10, 1998 WY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Over-exertion in lifting objects

EE TRIED TO LIFT CONVEYOR WHEELS WHILE ROTATING THEM INTO POSITION.

1995 · 1 incident

May 2, 1995 WY · Metal/Non-Metal mine manager, mine foreman, mine owner HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Caught in, under or between a moving and a stationary object

CLEANING UP A TOOL VAN. PICKED UP A TOOL BOX AND WEDGED HIS FINGER BETWEEN SOCKET AND TOOL BOX.

1994 · 1 incident

June 29, 1994 WY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall from machine

CLIMBING DOWN STEPS OF LOADER- SLIPPED AND FELL TO THE GROUND ON HIS BACK.

1993 · 5 incidents

December 14, 1993 WY · Metal/Non-Metal outside foreman, leadman OTHER
Fisher Sand & Gravel Company · Unclassified, insufficient data

EMPLOYEE HAS STATED REPEATEDLY THAT HE CANNOT RELATE TO ANY INCIDENT. HE IS NOT AWARE OF THIS ACCIDENT HAPPENING AT WORK.

December 6, 1993 WY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Over-exertion in lifting objects

EMPLOYEE WAS LIFTING A SIDE PANEL OFF OF A LOADIER AND HIS BACK WENT OUT.

November 23, 1993 WY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Over-exertion (Not Elsewhere Classified)

WHILE SHOVELING FROM AROUND A CONVEYOR EMPLOYEE STATES HE HURT HIS HIP.

February 5, 1993 WY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS WORKING ON AN INCLINE, WALKING & RUNNING A DRILL LOADING HOLES FOR BLASTING PURPOSES HE DEVELOPED TENDON INFLAMMATION IN HIS ANKLES.

1992 · 2 incidents

December 18, 1992 WY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall from machine

EMPLOYEE STEPP OR JUMPED OFF OF A SURGE BIN FRAME-LANDED ON A ROCK & TWISTED HIS ANKLE.

September 1, 1992 WY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Struck by... (Not Elsewhere Classified)

EE PROPED THE HOOD ON A LOADER TO INSPECT FOR A PROBLEM THE HOOD WAS NOT PROPERLY LACTHED AND IT FELL HITTING HIM IN THE HEAD.

1991 · 1 incident

July 22, 1991 WY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Caught in, under or between (Not Elsewhere Classified)

CHANGING SCREENS SCREEN HAD TO BE BENT TO INSTALL IT ONE EMPLOYEE WAS PUSHING IT IN WHILE THE OTHER WAS BENDING SCREEN SLID IN & PINCHED HIS FOOT BETWEEN THE SCREEN & CRUSHING PLANT

1990 · 1 incident

May 16, 1990 WY · Metal/Non-Metal mine manager, mine foreman, mine owner MACHINERY
Fisher Sand & Gravel Company · Contact with hot objects or substances

WELDING A STAND UNDER A CONVEYOR HOT SPARKS SLID DOWN HIS SHIRT SLEEVE AND BURNED HIS WRIST OR FOREARM.