Mining Incidents

Five Star Sands Inc.: 210 MSHA citations Metal/Non-Metal

Controlled by Steve Morey
Coleman, Johnston County, OK  ·  Abandoned
MSHA Mine ID: 3402066

Five Star Sands Inc. has $179K in proposed MSHA penalties and $30K outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2009–2022
Latest incident
Aug 2022
Compliance record
MSHA citations since 2009
210
citations
57
significant & substantial
$179,095
proposed penalties
$48,758
paid to date
27% of proposed penalties paid to date, a $130,337 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
47
inspections on record
926
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: 926 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Five Star Sands Inc. has $179K in proposed MSHA penalties and $30K 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.
$179K
proposed penalties
$79K
current assessed
$49K
paid to date
$30K
outstanding
210 assessments are final orders; 4 contested dockets.
Of $124K in penalties contested before the Commission, $24K was upheld in final decisions.
As of the most recent assessment on 2024-03-14.
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.
27.1%
significant & substantial
9.0%
high negligence or reckless
27.1%
reasonably likely or greater
53.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.9% low, 88.1% moderate, 9.0% 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.
40 citations taken to the federal commission · 19% of citations on record
  • Settled 40 · 100%
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 19 decided S&S contests · industry: 79%
79%
Penalty reduction in decided contests
$144K proposed, $30K 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 2024-05-26.
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 2023-0123 Settlement Paez 2025 $47K → $8K
CENT 2023-0121 Settlement Paez 2025 $43K → $8K
CENT 2023-0122 Settlement Paez 2025 $20K → $4K
CENT 2023-0224 Settlement Paez 2025 $15K → $4K
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: 2021-10-20, 4 years ago
25%
of limit-tested samples over the exposure limit
21
samples
8
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz72 over
  • Respirable dust, <.1mg12
  • Nuisance dust, respirable, <1% Qtz1
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (21)
Date Contaminant Concentration Limit Conc / limit Occupation
2021-10-20 Quartz, respirable, >1% Qtz 0.25 0.21 1.19 Dry Screen Plant Operator
2021-07-21 Quartz, respirable, >1% Qtz 0.31 0.24 1.29 Kiln/Dryer Operator
2021-07-21 Quartz, respirable, >1% Qtz 0.23 0.24 0.96 Utility Man
2021-07-21 Respirable dust, <.1mg 0 Front-end Loader Operator
2020-08-26 Respirable dust, <.1mg 0 Front-end Loader Operator
2020-08-26 Respirable dust, <.1mg 0 Kiln/Dryer Operator
2020-08-26 Respirable dust, <.1mg 0 Washer Operator
2017-01-24 Respirable dust, <.1mg 0 Rotary Bucket Ex. Operator
2017-01-24 Respirable dust, <.1mg 0 Bulldozer Operator
2017-01-24 Respirable dust, <.1mg 0 Truck Driver
2017-01-24 Respirable dust, <.1mg 0 Laborer, Bullgang
2017-01-24 Respirable dust, <.1mg 0 Laborer, Bullgang
2012-05-15 Respirable dust, <.1mg 0 Truck Driver
2012-05-15 Quartz, respirable, >1% Qtz 0.23 0.25 0.92 Truck Loader
2012-05-15 Respirable dust, <.1mg 0 Laborer, Bullgang
2010-09-01 Quartz, respirable, >1% Qtz 0.13 0.29 0.45 Laborer, Bullgang
2010-09-01 Unlisted Particulate, respirable, <1% Qtz 0.17 Truck Driver
2010-09-01 Respirable dust, <.1mg 0 Laborer, Bullgang
2010-03-24 Nuisance dust, respirable, <1% Qtz 0.12 10 0.01 Truck Loader
2010-03-24 Quartz, respirable, >1% Qtz 0.17 0.34 0.50 Supervisor, Co. Official
2010-03-24 Quartz, respirable, >1% Qtz 0.12 0.38 0.32 Laborer, Bullgang
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.

Five Star Sands Inc. recorded 10.50 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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.
10.50
total case rate
5.25
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 1.78 and the all-US-mining average was 2.12 cases per 100 workers.
In Oklahoma, metal and nonmetal mining averaged 1.55 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
2022 * 10.50 5.25 0.000
2021 * 0.00 0.00 0.000
2020 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
2017 * 0.00 0.00 0.000
2016 * 0.00 0.00 0.000
2015 * 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. FG Minerals LLC 2008 to 2019
  2. Five Star Sands Inc. 2019 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2023 16
2022 18
2021 22
2020 18
2019 19
2018 17
2017 16
2016 16
2015 18
2014 20
2013 25
2012 24
2011 18
2010 15
2009 13
2008 12
Source: MSHA quarterly employment and production, updated weekly.

Five Star Sands Inc. sits in Johnston County, Oklahoma, where the Census mining category is 5.7% 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.
Johnston County, Oklahoma · Population 10,334
5.7%
Mining share of county employment
$50,911
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
2023 Q2 7,836 0 0 0.0
2023 Q1 9,832 8 2 813.7
2022 Q4 9,980 36 15 3607.2
2022 Q3 8,467 0 0 0.0
2022 Q2 9,960 16 1 1606.4
2022 Q1 9,704 0 0 0.0
2021 Q4 13,378 13 3 971.7
2021 Q3 12,939 6 5 463.7
Show 52 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q2 12,699 7 2 551.2
2021 Q1 8,487 4 0 471.3
2020 Q4 7,975 0 0 0.0
2020 Q3 7,983 0 0 0.0
2020 Q2 8,481 6 1 707.5
2020 Q1 9,174 11 2 1199.0
2019 Q4 10,235 0 0 0.0
2019 Q3 10,116 0 0 0.0
2019 Q2 9,982 23 5 2304.1
2019 Q1 12,095 1 0 82.7
2018 Q4 10,626 0 0 0.0
2018 Q3 11,480 4 1 348.4
2018 Q2 8,809 0 0 0.0
2018 Q1 9,690 3 2 309.6
2017 Q4 8,599 0 0 0.0
2017 Q3 9,625 0 0 0.0
2017 Q2 9,713 1 0 103.0
2017 Q1 8,906 3 1 336.9
2016 Q4 9,334 0 0 0.0
2016 Q3 8,580 5 1 582.8
2016 Q2 8,312 0 0 0.0
2016 Q1 8,103 1 1 123.4
2015 Q4 9,775 0 0 0.0
2015 Q3 10,672 0 0 0.0
2015 Q2 9,600 2 1 208.3
2015 Q1 11,174 0 0 0.0
2014 Q4 11,962 3 0 250.8
2014 Q3 12,446 6 2 482.1
2014 Q2 11,696 0 0 0.0
2014 Q1 12,547 1 1 79.7
2013 Q4 13,826 0 0 0.0
2013 Q3 15,024 0 0 0.0
2013 Q2 16,390 3 1 183.0
2013 Q1 16,904 0 0 0.0
2012 Q4 14,910 2 1 134.1
2012 Q3 13,650 0 0 0.0
2012 Q2 12,997 3 2 230.8
2012 Q1 13,798 4 1 289.9
2011 Q4 12,369 0 0 0.0
2011 Q3 12,523 1 0 79.9
2011 Q2 12,275 0 0 0.0
2011 Q1 10,352 2 0 193.2
2010 Q4 9,449 0 0 0.0
2010 Q3 11,159 9 1 806.5
2010 Q2 9,621 0 0 0.0
2010 Q1 8,645 8 1 925.4
2009 Q4 6,923 0 0 0.0
2009 Q3 7,811 0 0 0.0
2009 Q2 8,396 0 0 0.0
2009 Q1 8,906 1 0 112.3
2008 Q4 7,420 0 0 0.0
2008 Q3 5,753 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2022 · 2 incidents

August 30, 2022 OK · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Five Star Sands Inc. · Struck against a moving object

On August 30 employee was operating the wet plant loader for the majority of their shift. August 31st, they called in stating their back was hurt. On September 1st, they brought in paperwork stating that they had gone to the hospital for medical care. They then informed me that their back was hurting because of riding the loader on the shift and it was not a specific accident.

August 19, 2022 OK · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Five Star Sands Inc. · Fall onto or against objects

Patient was outside shop area. EE was walking and tripped while close to a table. In order to not hit face EE reached for table with hands and pushed away. This caused severe cuts to both hands and road rash on left elbow when EE landed. EE was taken to receive medical treatment. While there EE received stitches in both hands.

2021 · 1 incident

December 28, 2021 OK · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator OTHER
Five Star Sands Inc. · (Not Elsewhere Classified)

EE was complaining of chest pains. Called ambulance and took EE to hospital. EE had heart bypass surgery about a year and half ago and one of the valves that they replaced was collapsing and had to put stent in. EE returned to work on 1-3-22.

2012 · 3 incidents

December 22, 2012 OK · Metal/Non-Metal ledgeman/hand, quarry man SLIP OR FALL OF PERSON
FG Minerals LLC · Over-exertion (Not Elsewhere Classified)

The gravel parking lot had a few ridges built up and that caused ee to roll his ankle as he was walking across the parking lot.

October 1, 2012 OK · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
FG Minerals LLC · Caught in, under or between a moving and a stationary object

Shut the door of the haul truck on hand. Stitches required on left index and ring fingers.

August 29, 2012 OK · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
FG Minerals LLC · Struck by... (Not Elsewhere Classified)

While changing teeth on 365, struck the tooth with a hammer to loosen it. A sliver of metal chipped off and lodged in EE's chin. Metal was removed and stitches were placed.

2011 · 1 incident

October 17, 2011 OK · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
FG Minerals LLC · Over-exertion in pulling or pushing objects

While rolling away a roll away chute assembly from front of the 6x16 screen on the wash plant the EE strained the calf on his left leg.

2009 · 1 incident

June 9, 2009 OK · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
FG Minerals LLC · Struck against stationary object

Employee was waiting in sieve trailer and was leaning against window and his weight broke window. Arm fell down & struck sharp edge of glass.