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Fisher Industries Plant 9: 49 MSHA citations Metal/Non-Metal

Controlled by Thomas G Fisher
Waubay, Stark County, ND  ·  Intermittent
MSHA Mine ID: 3200583

Fisher Industries Plant 9 has $16K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
1985–2020
Latest incident
Jun 2020
Compliance record
MSHA citations since 2001
49
citations
17
significant & substantial
$15,612
proposed penalties
$15,455
paid to date
99% of proposed penalties paid to date, a $157 gap.
Source: MSHA violations data, updated weekly.
See Fisher Sand & Gravel Co's full MSHA compliance history →
Inspection activity
MSHA inspections since 2001
40
inspections on record
502
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: 502 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
ⓘ A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2022-06-15.
On record since 2022.
Source: MSHA imminent-danger order records, updated weekly.

Fisher Industries Plant 9 has $16K in proposed MSHA penalties and $0 outstanding across 4 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
$15K
current assessed
$15K
paid to date
$0
outstanding
47 assessments are final orders; 4 contested dockets.
Of $7K in penalties contested before the Commission, $7K was upheld in final decisions.
As of the most recent assessment on 2022-06-16.
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.
36.2%
significant & substantial
17.0%
high negligence or reckless
36.2%
reasonably likely or greater
70.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.3% low, 78.7% moderate, 17.0% 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.
8 citations taken to the federal commission · 16% of citations on record
  • Settled 7 · 88%
  • Stood as issued 1 · 13%
83%
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 6 decided S&S contests · industry: 79%
2%
Penalty reduction in decided contests
$7K proposed, $7K 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 2016-11-27.
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 2010-608M Settlement Paez 2011 $6K → $6K
CENT 2013-548M Settlement Miller 2013 $901 → $744
CENT 2017-0088 Dismissal Miller 2017 $114 → $114
CENT 2010-609M Settlement Lesnick 2010 $112 → $112
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: 2025-03-19
0%
of limit-tested samples over the exposure limit
13
samples
5
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz7
  • Respirable dust, <.1mg6
Show the individual readings (13)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-03-19 Quartz, respirable, >1% Qtz 0.24 1.02 0.24 Lab Technician
2025-03-19 Respirable dust, <.1mg 0 Crusher Oper/Worker
2025-03-19 Respirable dust, <.1mg 0 Bulldozer Operator
2025-03-19 Respirable dust, <.1mg 0 Front-end Loader Operator
2021-08-03 Quartz, respirable, >1% Qtz 0.13 Washer Operator
2021-08-03 Respirable dust, <.1mg 0 Front-end Loader Operator
2020-10-28 Quartz, respirable, >1% Qtz 0.22 Front-end Loader Operator
2020-10-28 Respirable dust, <.1mg 0 Bulldozer Operator
2020-10-28 Respirable dust, <.1mg 0 Crusher Oper/Worker
2010-08-17 Quartz, respirable, >1% Qtz 0.38 1.42 0.27 Front-end Loader Operator
2010-08-17 Quartz, respirable, >1% Qtz 0.3 1.65 0.18 Bulldozer Operator
2004-07-08 Quartz, respirable, >1% Qtz 0.14 1.16 0.12 Crusher Oper/Worker
2004-07-08 Quartz, respirable, >1% Qtz 0.12 1.14 0.11 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 9 recorded 8.16 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
ⓘ 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.
8.16
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 3.41 and the all-US-mining average was 3.91 cases per 100 workers.
In North Dakota, metal and nonmetal mining averaged 2.84 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
2006 * 8.16 0.00 0.000
2005 * 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 1950 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 9
2025 4
2024 6
2023 2
2022 5
2021 4
2020 6
2019 5
2018 6
2017 4
2016 6
2015 3
2014 4
2013 5
2012 3
2011 4
2010 3
2009 1
2008 1
2007 1
2006 8
2005 11
2004 5
2003 5
2002 0
2001 3
2000 2
Source: MSHA quarterly employment and production, updated weekly.

Fisher Industries Plant 9 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 3,174 0 0 0.0
2026 Q1 489 0 0 0.0
2025 Q4 1,606 0 0 0.0
2025 Q3 0 0 0
2025 Q2 2,408 0 0 0.0
2025 Q1 2,172 0 0 0.0
2024 Q4 2,393 0 0 0.0
2024 Q3 3,651 0 0 0.0
Show 94 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,447 0 0 0.0
2024 Q1 2,256 0 0 0.0
2023 Q4 1,358 0 0 0.0
2023 Q3 0 0 0
2022 Q4 2,156 0 0 0.0
2022 Q3 3,285 0 0 0.0
2022 Q2 2,954 3 1 1015.6
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q3 1,158 0 0 0.0
2021 Q2 2,257 0 0 0.0
2021 Q1 2,678 0 0 0.0
2020 Q4 3,137 2 0 637.6
2020 Q3 2,662 0 0 0.0
2020 Q2 3,979 0 0 0.0
2020 Q1 689 0 0 0.0
2019 Q4 0 0 0
2019 Q3 3,130 0 0 0.0
2019 Q2 3,952 0 0 0.0
2019 Q1 2,824 0 0 0.0
2018 Q4 1,868 0 0 0.0
2018 Q3 3,295 0 0 0.0
2018 Q2 2,611 0 0 0.0
2018 Q1 801 0 0 0.0
2017 Q4 1,434 0 0 0.0
2017 Q3 2,707 0 0 0.0
2017 Q2 2,297 0 0 0.0
2017 Q1 142 0 0 0.0
2016 Q4 1,486 0 0 0.0
2016 Q3 4,003 1 0 249.8
2016 Q2 3,987 0 0 0.0
2016 Q1 2,223 0 0 0.0
2015 Q4 1,147 1 0 871.8
2015 Q3 371 0 0 0.0
2014 Q4 2,648 0 0 0.0
2014 Q3 2,929 0 0 0.0
2014 Q2 3,587 0 0 0.0
2014 Q1 1,959 1 0 510.5
2013 Q4 2,271 0 0 0.0
2013 Q3 5,854 0 0 0.0
2013 Q2 4,278 0 0 0.0
2013 Q1 3,404 5 3 1468.9
2012 Q4 2,497 0 0 0.0
2012 Q3 4,107 0 0 0.0
2012 Q2 2,120 0 0 0.0
2012 Q1 890 0 0 0.0
2011 Q4 2,621 0 0 0.0
2011 Q3 5,875 0 0 0.0
2011 Q2 1,484 0 0 0.0
2011 Q1 6 0 0 0.0
2010 Q4 2,475 0 0 0.0
2010 Q3 3,631 0 0 0.0
2010 Q2 532 0 0 0.0
2010 Q1 0 0 0
2009 Q4 0 5 3
2009 Q3 1,471 3 1 2039.4
2009 Q2 503 0 0 0.0
2009 Q1 0 0 0
2008 Q4 230 0 0 0.0
2008 Q3 1,259 0 0 0.0
2008 Q2 1,004 4 1 3984.1
2008 Q1 0 0 0
2007 Q4 0 0 0
2007 Q3 0 0 0
2007 Q2 0 0 0
2007 Q1 3,277 2 0 610.3
2006 Q4 9,167 0 0 0.0
2006 Q3 6,098 12 4 1967.9
2006 Q2 6,573 0 0 0.0
2006 Q1 2,658 0 0 0.0
2005 Q4 1,602 0 0 0.0
2005 Q3 5,158 0 0 0.0
2005 Q2 10,999 0 0 0.0
2005 Q1 20,927 0 0 0.0
2004 Q4 7,607 0 0 0.0
2004 Q3 5,223 3 1 574.4
2004 Q2 0 0 0
2004 Q1 0 0 0
2003 Q4 2,036 0 0 0.0
2003 Q3 6,795 0 0 0.0
2003 Q2 3,229 0 0 0.0
2003 Q1 1,492 0 0 0.0
2002 Q4 0 0 0
2002 Q3 0 0 0
2002 Q2 0 0 0
2002 Q1 0 0 0
2001 Q4 3,019 0 0 0.0
2001 Q3 3,153 4 2 1268.6
2001 Q2 801 0 0 0.0
2001 Q1 0 0 0
2000 Q4 0 0 0
2000 Q3 0 0 0
2000 Q2 3,008 0 0 0.0
2000 Q1 2,437 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

12 on file

2020 · 1 incident

June 5, 2020 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Fisher Sand & Gravel Co · Fall from ladders

Ladder not set correctly. Employee jumped 3-4 feet to ground & is experiencing lower back pain.

2013 · 1 incident

August 6, 2013 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Over-exertion in lifting objects

Employee was shoveling and moving wood blocks which caused back injury (?) WE ALONG WITH ND WORKFORCE SAFETY & INSURANCE ARE QUESTIONING THE VALIDITY OF THIS CLAIM.

2006 · 1 incident

January 11, 2006 ND · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Caught in, under or between a moving and a stationary object

LOADING DOLLY AND OVERCONE LINERS PINCHED FINGER ON LEFT HAND AND TORE SKIN OFF.

1995 · 1 incident

November 16, 1995 ND · Metal/Non-Metal ledgeman/hand, quarry man STEPPING OR KNEELING ON OBJECT
Fisher Sand & Gravel Co · Struck against stationary object

EE WAS SERVICING HIRE UNIT FROZEN DIRT CHUNKS WERE CHIPPED CHOPPED OUT AND THE EE STEPPED ON A FROZEN CHUNK INJURING HIS LEFT ANKLE.

1992 · 2 incidents

November 16, 1992 ND · Metal/Non-Metal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor HANDTOOLS (NONPOWERED)
Fisher Sand & Gravel Co · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS CUTTING RUBBER BELT WITH A UTILITE KNIVE-IT SLIPPED & CUT INTO HIS THIGH.

February 18, 1992 ND · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Over-exertion (Not Elsewhere Classified)

EXTENSIVE SHOVELING DUE TO POORLY ADJUSTED SCRAPERS & DAMP WEATHER OVER STRAIN OF BACK

1991 · 3 incidents

August 13, 1991 ND · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Fisher Sand & Gravel Co · Struck against a moving object

OPERATOR WAS RUNNIGN A SCRAPER PADDLE. HIT A ROUGH SPOT INJURING HIS SHOULDER .

July 23, 1991 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Co · Struck by falling object

EMPL WAS REMOVING FLY WHEEL OFF OF SHAFT. ONCE LOOSENED IT DROPPED & SMASHED FINGRS BETWEEN SHAFT & FLY WHEEL.

February 19, 1991 ND · Metal/Non-Metal MACHINERY
Fisher Sand & Gravel Co · Accident type, without injuries

EQUIPMENT OPERATOR WAS STRIPPING A PIT AND BACK OFF OF A 48" HIGH WALL CAUSING THE DOZER TO LAY ON IYS SIDE-NO PHYSICAL DAMAGE TO EQUIPMENT-OPERATOR WAS WEARING HIS SEAT BELT.

1990 · 1 incident

July 23, 1990 ND · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Fisher Sand & Gravel Co · Struck by... (Not Elsewhere Classified)

EMPLOYEE HAD HOOKED ONTO A AUGER WITH A SINGLE CHAIN HOOK UP TO REMOVE IT FROM EQUIPMENT. THE CHAIN SLID AND CAUSED IT TO SWING HITTING THE EMPLOYEE.

1985 · 2 incidents

June 6, 1985 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 · Struck by... (Not Elsewhere Classified)

REMOVING SCALE FROM TRUCK-SHEET OF LOOSE METAL CAME OFF & CUT RIGHT FOREARM

May 28, 1985 ND · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Fisher Sand & Gravel Co · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS SHOVELING SIFTED MATERIAL FROM UNDER A PRE SCREENER-LOST HIS HARD HAT AND A SMALL ROCK FLEW OFF THE PRE SCREENER AND STRRUCK THE EMPLOYEE ON THE HEAD.