Mining Incidents

FISHER INDUSTRIES PLANT 8: 33 MSHA citations Metal/Non-Metal

Controlled by Thomas G Fisher
Hazelton, Emmons County, ND  ·  Intermittent
MSHA Mine ID: 3200580

FISHER INDUSTRIES PLANT 8 has $6K 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
12
Years on record
1989–2016
Latest incident
Feb 2016
Compliance record
MSHA citations since 2009
33
citations
8
significant & substantial
$6,132
proposed penalties
$5,468
paid to date
89% of proposed penalties paid to date, a $664 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
45
inspections on record
601
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: 601 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 8 has $6K 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.
$6K
proposed penalties
$5K
current assessed
$5K
paid to date
$0
outstanding
32 assessments are final orders; 2 contested dockets.
Of $992 in penalties contested before the Commission, $328 was upheld in final decisions.
As of the most recent assessment on 2025-08-20.
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.
24.2%
significant & substantial
9.1%
high negligence or reckless
24.2%
reasonably likely or greater
60.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.0% low, 87.9% moderate, 9.1% 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.
3 citations taken to the federal commission · 9% of citations on record
  • Settled 3 · 100%
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%
67%
Penalty reduction in decided contests
$992 proposed, $328 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 2016-10-06.
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
CENT 2017-0013 Settlement Miller 2017 $892 → $228
CENT 2009-831M Settlement Lesnick 2010 $100 → $100
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: 2019-11-13, 6 years ago
0%
of limit-tested samples over the exposure limit
8
samples
1
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz4
  • Respirable dust, <.1mg3
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (8)
Date Contaminant Concentration Limit Conc / limit Occupation
2019-11-13 Respirable dust, <.1mg 0 Front-end Loader Operator
2019-11-13 Quartz, respirable, >1% Qtz 0.22 Crusher Oper/Worker
2019-11-13 Quartz, respirable, >1% Qtz 0.28 Crusher Oper/Worker
2019-11-13 Respirable dust, <.1mg 0 Bulldozer Operator
2019-11-13 Quartz, respirable, >1% Qtz 0.3 Lab Technician
2011-03-15 Unlisted Particulate, respirable, <1% Qtz 0.15 Bulldozer Operator
2011-03-15 Quartz, respirable, >1% Qtz 0.32 0.85 0.38 Crusher Oper/Worker
2011-03-15 Respirable dust, <.1mg 0 Front-end Loader Operator
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 8 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
2003 * 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 Company 1950 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 7
2025 6
2024 7
2023 6
2022 5
2021 5
2020 4
2019 4
2018 4
2017 6
2016 5
2015 8
2014 5
2013 4
2012 6
2011 3
2010 6
2009 5
2008 3
2007 4
2006 4
2005 8
2004 11
2003 10
2002 8
2001 6
2000 6
Source: MSHA quarterly employment and production, updated weekly.

FISHER INDUSTRIES PLANT 8 sits in Emmons County, North Dakota, where the Census mining category is 1.9% 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.
Emmons County, North Dakota · Population 3,269
1.9%
Mining share of county employment
$67,368
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 6,368 0 0 0.0
2026 Q1 31 0 0 0.0
2025 Q4 3,080 0 0 0.0
2025 Q3 628 1 0 1592.4
2025 Q2 3,052 0 0 0.0
2025 Q1 81 0 0 0.0
2024 Q4 2,890 0 0 0.0
2024 Q3 4,989 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,298 0 0 0.0
2024 Q1 1,704 0 0 0.0
2023 Q4 3,378 1 0 296.0
2023 Q3 2,810 0 0 0.0
2023 Q2 2,791 0 0 0.0
2023 Q1 1,330 3 2 2255.6
2022 Q4 2,216 0 0 0.0
2022 Q3 1,541 0 0 0.0
2022 Q2 4,046 0 0 0.0
2022 Q1 894 0 0 0.0
2021 Q4 1,994 0 0 0.0
2021 Q3 2,544 0 0 0.0
2021 Q2 3,455 0 0 0.0
2021 Q1 375 0 0 0.0
2020 Q4 623 0 0 0.0
2020 Q3 2,329 0 0 0.0
2020 Q2 2,248 0 0 0.0
2020 Q1 73 0 0 0.0
2019 Q4 1,963 1 1 509.4
2019 Q3 3,624 2 0 551.9
2019 Q2 3,142 0 0 0.0
2019 Q1 0 0 0
2018 Q4 1,566 0 0 0.0
2018 Q3 1,915 0 0 0.0
2018 Q2 2,714 0 0 0.0
2018 Q1 771 0 0 0.0
2017 Q4 2,292 0 0 0.0
2017 Q3 5,662 0 0 0.0
2017 Q2 2,690 0 0 0.0
2017 Q1 277 0 0 0.0
2016 Q4 1,820 0 0 0.0
2016 Q3 3,109 4 1 1286.6
2016 Q2 3,224 0 0 0.0
2016 Q1 2,266 0 0 0.0
2015 Q4 2,015 0 0 0.0
2015 Q3 3,847 0 0 0.0
2015 Q2 4,194 0 0 0.0
2015 Q1 2,465 0 0 0.0
2014 Q4 2,348 5 0 2129.5
2014 Q3 7,859 0 0 0.0
2014 Q2 4,061 0 0 0.0
2014 Q1 1,378 0 0 0.0
2013 Q4 3,058 6 2 1962.1
2013 Q3 1,846 0 0 0.0
2013 Q2 2,465 0 0 0.0
2013 Q1 1,878 0 0 0.0
2012 Q4 3,508 5 1 1425.3
2012 Q3 4,047 0 0 0.0
2012 Q2 4,591 0 0 0.0
2012 Q1 4,136 0 0 0.0
2011 Q4 3,855 0 0 0.0
2011 Q3 2,497 0 0 0.0
2011 Q2 2,227 0 0 0.0
2011 Q1 1,461 2 1 1368.9
2010 Q4 6,699 0 0 0.0
2010 Q3 5,946 0 0 0.0
2010 Q2 3,792 1 0 263.7
2010 Q1 823 0 0 0.0
2009 Q4 2,725 0 0 0.0
2009 Q3 5,397 0 0 0.0
2009 Q2 4,614 1 0 216.7
2009 Q1 2,065 0 0 0.0
2008 Q4 1,718 0 0 0.0
2008 Q3 4,035 0 0 0.0
2008 Q2 3,848 0 0 0.0
2008 Q1 0 0 0
2007 Q4 3,955 0 0 0.0
2007 Q3 3,714 0 0 0.0
2007 Q2 4,365 0 0 0.0
2007 Q1 1,165 0 0 0.0
2006 Q4 1,644 0 0 0.0
2006 Q3 2,212 0 0 0.0
2006 Q2 3,213 0 0 0.0
2006 Q1 3,829 0 0 0.0
2005 Q4 3,883 0 0 0.0
2005 Q3 5,135 0 0 0.0
2005 Q2 5,999 0 0 0.0
2005 Q1 8,445 0 0 0.0
2004 Q4 10,075 0 0 0.0
2004 Q3 8,725 0 0 0.0
2004 Q2 6,988 0 0 0.0
2004 Q1 3,313 0 0 0.0
2003 Q4 5,526 0 0 0.0
2003 Q3 12,077 0 0 0.0
2003 Q2 6,992 0 0 0.0
2003 Q1 2,377 0 0 0.0
2002 Q4 6,442 0 0 0.0
2002 Q3 7,460 0 0 0.0
2002 Q2 6,247 0 0 0.0
2002 Q1 1,233 0 0 0.0
2001 Q4 2,801 0 0 0.0
2001 Q3 10,371 0 0 0.0
2001 Q2 1,773 0 0 0.0
2001 Q1 0 0 0
2000 Q4 6,532 0 0 0.0
2000 Q3 4,045 0 0 0.0
2000 Q2 2,461 0 0 0.0
2000 Q1 1,327 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

12 on file

2016 · 1 incident

February 24, 2016 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

Employee fell while unloading and was injured.

2014 · 2 incidents

October 15, 2014 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Fisher Sand & Gravel Company · Struck against a moving object

IW struck uneven ground while operating loader, IW was bounced in his seat causing back strain (IW was wearing seatbelt).

July 30, 2014 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

While lifting leg to step onto unit 14956, employee strained abdominal muscle.

2013 · 1 incident

August 27, 2013 ND · Metal/Non-Metal assayer, geologist, metallurgist, engineer, engineer management HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Company · Struck by... (Not Elsewhere Classified)

Employee cut thumb with a utility knife while cutting a piece of belting, the laceration resulted in sutures.

1995 · 1 incident

April 3, 1995 ND · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Struck by rolling or sliding object

EE WAS INSTALLING A METAL CHUTE INTO A SCREEN PLANT. THE CHUTE SLIDE DUE TO LACK OF CONTROL AND SMASHED HIS THUMB NAIL.

1994 · 1 incident

March 21, 1994 ND · Metal/Non-Metal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Caught in, under or between a moving and a stationary object

WHILE INSTALLING A CONVEYOR BELT THE EMPLOYEE WAS ADJUSTING THE TAIL PULLEY FORWARD. TENSION ON THE BELT CAUSED THE BEARING TO SLIDE AHEAD AND PINCH HIS FINGER.

1992 · 1 incident

August 20, 1992 ND · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall onto or against objects

EMPLOYEE WAS WALKING ALONGSIDE A CONVEYOR AT GROUND LEVEL. STUMBLED OVER HIS FEET AND FELL INTO THE CONVEYOR. GROUND WAS PERFECTLY LEVEL WITHOUT ANY OBSTACLES.

1991 · 2 incidents

September 2, 1991 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall onto or against objects

DISMOUNTING A LOADER, SLIPPED OFF OF LADDER AND HIT HIS HEAD AGAINST THE LOADER.

1990 · 2 incidents

December 18, 1990 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall from scaffolds, walkways, platforms

EMPLOYEE WAS REMOVING A GUARD TO AND ADD OIL TO GREAR BOX. HE WAS STANDING ON THE FRAME WORK AND THE GUARD OVER BALANCED AND CAUSED HIM TO FALL TO THE GROUND.

January 16, 1990 ND · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY
Fisher Sand & Gravel Company · Struck by flying object

EMPLOYEE WENT UP TO INSEPECT JAW CRUAHER A SMALL CHIP OF ROCK FLEW OUT HITTING HIS SAFTEY GLASSES BREAKING THE GLASS.

1989 · 1 incident

May 31, 1989 ND · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman INUNDATION
Fisher Sand & Gravel Company · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS CUTTING A PIECE OF RUBBER BELTING-USING HIS LEG AS A CUTTING BOARD. CUT THROUGH THE BELT INTO HIS THIGH.