Mining Incidents

Fisher Industries Plant #34: 25 MSHA citations Metal/Non-Metal

Controlled by Thomas G Fisher
Dickinson, Butte County, SD  ·  Intermittent
MSHA Mine ID: 3200099

Fisher Industries Plant #34 has $8K 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
6
Years on record
2003–2024
Latest incident
Nov 2024
Compliance record
MSHA citations since 2002
25
citations
5
significant & substantial
$8,325
proposed penalties
$8,209
paid to date
99% of proposed penalties paid to date, a $116 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
37
inspections on record
436
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: 436 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 #34 has $8K 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.
$8K
proposed penalties
$8K
current assessed
$8K
paid to date
$0
outstanding
24 assessments are final orders; 2 contested dockets.
Of $5K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2025-03-17.
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
16.0%
high negligence or reckless
20.0%
reasonably likely or greater
40.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 84.0% moderate, 16.0% 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.
4 citations taken to the federal commission · 16% of citations on record
  • Settled 3 · 75%
  • Stood as issued 1 · 25%
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%
22%
Penalty reduction in decided contests
$6K proposed, $5K 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 2017-10-17.
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 2017-0089 Settlement Miller 2018 $5K → $5K
CENT 2017-0487 Dismissal Miller 2018 $116 → $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: 2018-04-05, 8 years ago
0%
of limit-tested samples over the exposure limit
6
samples
2
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg4
  • Quartz, respirable, >1% Qtz2
Show the individual readings (6)
Date Contaminant Concentration Limit Conc / limit Occupation
2018-04-05 Respirable dust, <.1mg 0 Utility Man
2018-04-05 Respirable dust, <.1mg 0 Bulldozer Operator
2018-04-05 Respirable dust, <.1mg 0 Front-end Loader Operator
2012-09-26 Quartz, respirable, >1% Qtz 0.31 1.03 0.30 Crusher Oper/Worker
2012-09-26 Respirable dust, <.1mg 0 Supervisor, Co. Official
2012-09-26 Quartz, respirable, >1% Qtz 0.38 1.18 0.32 Scraper Operator

Area samples (mill and shop air)

Last sampled: 2017-07-05, 9 years ago
1
samples
Show the individual readings (1)
Date Contaminant Concentration Limit Conc / limit Area sampled
2017-07-05 Respirable dust, <.1mg 0 MP WASH/SCREEN
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.
Ownership history
  1. Fisher Sand & Gravel Company 1999 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 4
2025 5
2024 5
2023 3
2022 3
2021 3
2020 3
2019 3
2018 5
2017 2
2016 3
2015 3
2014 4
2013 3
2012 1
2011 3
2010 3
2009 3
2008 3
2007 2
2006 1
2005 4
2004 6
2003 6
2002 3
2001 3
2000 4
Source: MSHA quarterly employment and production, updated weekly.

Fisher Industries Plant #34 sits in Butte County, South Dakota, where the Census mining category is 5.5% 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.
Butte County, South Dakota · Population 10,538
5.5%
Mining share of county employment
$67,692
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 2,980 0 0 0.0
2026 Q1 0 0 0
2025 Q4 1,321 0 0 0.0
2025 Q3 2,867 0 0 0.0
2025 Q2 1,580 0 0 0.0
2025 Q1 1,880 2 0 1063.8
2024 Q4 824 0 0 0.0
2024 Q3 3,142 0 0 0.0
Show 97 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 1,841 0 0 0.0
2024 Q1 589 2 1 3395.6
2023 Q4 1,760 0 0 0.0
2023 Q3 2,215 4 1 1805.9
2023 Q2 59 0 0 0.0
2023 Q1 0 0 0
2022 Q4 1,170 0 0 0.0
2022 Q3 1,304 0 0 0.0
2022 Q2 535 0 0 0.0
2022 Q1 0 0 0
2021 Q4 877 0 0 0.0
2021 Q3 1,449 0 0 0.0
2021 Q2 1,147 0 0 0.0
2021 Q1 117 0 0 0.0
2020 Q4 0 0 0
2020 Q3 1,321 0 0 0.0
2020 Q2 2,358 0 0 0.0
2020 Q1 480 0 0 0.0
2019 Q4 1,288 0 0 0.0
2019 Q3 1,607 1 0 622.3
2019 Q2 1,168 1 0 856.2
2019 Q1 0 0 0
2018 Q4 2,469 0 0 0.0
2018 Q3 2,722 0 0 0.0
2018 Q2 3,271 1 0 305.7
2018 Q1 229 1 0 4366.8
2017 Q4 0 0 0
2017 Q3 1,472 3 1 2038.0
2017 Q2 704 0 0 0.0
2017 Q1 0 0 0
2016 Q4 625 0 0 0.0
2016 Q3 2,001 3 1 1499.3
2016 Q2 533 0 0 0.0
2015 Q4 835 0 0 0.0
2015 Q3 1,089 0 0 0.0
2015 Q2 1,073 0 0 0.0
2015 Q1 0 0 0
2014 Q4 2,296 0 0 0.0
2014 Q3 962 0 0 0.0
2014 Q2 2,863 0 0 0.0
2014 Q1 246 0 0 0.0
2013 Q4 2,190 0 0 0.0
2013 Q3 1,834 0 0 0.0
2013 Q2 3,085 0 0 0.0
2013 Q1 1,583 2 0 1263.4
2012 Q4 1,291 0 0 0.0
2012 Q3 1,017 1 0 983.3
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 1,320 0 0 0.0
2011 Q3 4,248 0 0 0.0
2011 Q2 1,743 0 0 0.0
2011 Q1 181 0 0 0.0
2010 Q4 1,960 0 0 0.0
2010 Q3 2,672 0 0 0.0
2010 Q2 2,767 0 0 0.0
2010 Q1 120 0 0 0.0
2009 Q4 2,422 0 0 0.0
2009 Q3 3,399 0 0 0.0
2009 Q2 3,599 0 0 0.0
2009 Q1 0 0 0
2008 Q4 3,161 0 0 0.0
2008 Q3 3,502 0 0 0.0
2008 Q2 2,540 0 0 0.0
2008 Q1 0 0 0
2007 Q4 1,631 0 0 0.0
2007 Q3 2,695 0 0 0.0
2007 Q2 2,309 1 0 433.1
2007 Q1 0 0 0
2006 Q4 987 0 0 0.0
2006 Q3 1,954 0 0 0.0
2006 Q2 915 0 0 0.0
2006 Q1 0 0 0
2005 Q4 1,782 1 1 561.2
2005 Q3 7,434 0 0 0.0
2005 Q2 2,029 0 0 0.0
2005 Q1 0 0 0
2004 Q4 4,075 0 0 0.0
2004 Q3 3,829 0 0 0.0
2004 Q2 7,980 0 0 0.0
2004 Q1 983 0 0 0.0
2003 Q4 2,873 0 0 0.0
2003 Q3 10,179 0 0 0.0
2003 Q2 4,181 0 0 0.0
2003 Q1 0 1 0
2002 Q4 1,591 0 0 0.0
2002 Q3 2,952 0 0 0.0
2002 Q2 3,368 1 0 296.9
2002 Q1 0 0 0
2001 Q4 1,671 0 0 0.0
2001 Q3 3,564 0 0 0.0
2001 Q2 1,389 0 0 0.0
2001 Q1 0 0 0
2000 Q4 2,801 0 0 0.0
2000 Q3 3,358 0 0 0.0
2000 Q2 1,630 0 0 0.0
2000 Q1 355 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2024 · 1 incident

November 19, 2024 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Company · Struck by... (Not Elsewhere Classified)

Utility knife slipped; lacerating right thigh

2019 · 1 incident

July 22, 2019 SD · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Company · Caught in, under or between a moving and a stationary object

Cleaning out cone and pinched finger between bar and angle iron. Lacerations to fingers.

2011 · 1 incident

July 19, 2011 SD · 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 onto or against objects

Employee was stepping up into truck, due to rainy conditions the step of the truck was slippery. Employee's foot slipped causing his right knee to hit the step surface.

2009 · 1 incident

July 27, 2009 SD · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Over-exertion (Not Elsewhere Classified)

Changing screens on the plant, while handling screens twisted right knee, causing knee to pop out.

2004 · 1 incident

April 21, 2004 SD · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Fisher Sand & Gravel Company · Struck by... (Not Elsewhere Classified)

CAT DOZER WAS STUCK IN SOFT WET GROUND. TRIED TO PULL OUT DOZER WITH LOADER. CHAIN BROKE SHATTERING BACK WINDOW GETTING SMALL CUTS TO RIGHT SIDE OF FACE & FRAGMENT IN EYE

2003 · 1 incident

October 29, 2003 SD · Metal/Non-Metal mine manager, mine foreman, mine owner SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall to the walkway or working surface

EE WAS WASHING DOWN WASH PLANT UMTERY COLD CONDITIONS WALKWAY BECAME ICY EE SLIPPED AND FELL TO SURFACE BREAKING COLLAR BONE AND BRUISING RIBS.