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Fort Smith Pit: 19 MSHA citations Metal/Non-Metal

Acme Brick Company · Surface
Controlled by Berkshire Hathaway Inc
Fort Smith, Sebastian County, AR  ·  Abandoned
MSHA Mine ID: 0300133

Fort Smith Pit has $2K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
1984–1993
Latest incident
Nov 1993
Compliance record
MSHA citations since 2000
19
citations
4
significant & substantial
$1,765
proposed penalties
$1,765
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
See Acme Brick Company's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
45
inspections on record
426
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: 426 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Fort Smith Pit has $2K in proposed MSHA penalties and $0 outstanding across 1 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.
$2K
proposed penalties
$2K
current assessed
$2K
paid to date
$0
outstanding
19 assessments are final orders; 1 contested dockets.
Of $687 in penalties contested before the Commission, $0 was upheld in final decisions.
As of the most recent assessment on 2017-12-14.
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.
21.1%
significant & substantial
15.8%
high negligence or reckless
21.1%
reasonably likely or greater
52.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.8% low, 68.4% moderate, 15.8% 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.
1 citations taken to the federal commission · 5% of citations on record
  • Vacated or withdrawn 1 · 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 1 decided S&S contests · industry: 79%
100%
Penalty reduction in decided contests
$687 proposed, $0 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 2010-07-20.
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 2010-1039M Withdrawal Lesnick 2011 $687 → $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: 2016-09-27, 9 years ago
0%
of limit-tested samples over the exposure limit
7
samples
2
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg4
  • Quartz, respirable, >1% Qtz2
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (7)
Date Contaminant Concentration Limit Conc / limit Occupation
2016-09-27 Respirable dust, <.1mg 0 Rotary Bucket Ex. Operator
2012-11-27 Quartz, respirable, >1% Qtz 0.61 0.82 0.74 Bulldozer Operator
2009-03-18 Quartz, respirable, >1% Qtz 0.31 1.06 0.29 Bulldozer Operator
2009-03-18 Respirable dust, <.1mg 0 Front-end Loader Operator
2005-06-21 Respirable dust, <.1mg 0 Front-end Loader Operator
2005-06-21 Unlisted Particulate, respirable, <1% Qtz 0.34 Truck Driver
2005-06-21 Respirable dust, <.1mg 0 Bulldozer 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.
Ownership history
  1. Acme Brick Company 1950 to 2000
  2. Acme Building Brands 2000 to 2002
  3. Acme Brick Company 2002 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2018 3
2017 3
2016 4
2015 4
2014 5
2013 8
2012 4
2011 4
2010 5
2009 5
2008 5
2007 5
2006 5
2005 5
2004 7
2003 3
2002 3
2001 3
2000 3
Source: MSHA quarterly employment and production, updated weekly.

Fort Smith Pit sits in Sebastian County, Arkansas, where the Census mining category is 0.4% 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.
Sebastian County, Arkansas · Population 128,448
0.4%
Mining share of county employment
$56,450
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
2018 Q4 1,122 0 0 0.0
2018 Q3 1,106 0 0 0.0
2018 Q2 1,046 0 0 0.0
2018 Q1 1,213 0 0 0.0
2017 Q4 1,087 1 0 920.0
2017 Q3 1,228 0 0 0.0
2017 Q2 1,054 0 0 0.0
2017 Q1 964 0 0 0.0
Show 68 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q4 956 0 0 0.0
2016 Q3 1,233 1 0 811.0
2016 Q2 1,531 0 0 0.0
2016 Q1 1,406 0 0 0.0
2015 Q4 1,486 0 0 0.0
2015 Q3 1,480 0 0 0.0
2015 Q2 1,086 1 0 920.8
2015 Q1 1,452 0 0 0.0
2014 Q4 1,361 1 0 734.8
2014 Q3 1,467 0 0 0.0
2014 Q2 1,356 0 0 0.0
2014 Q1 1,960 0 0 0.0
2013 Q4 1,336 0 0 0.0
2013 Q3 653 0 0 0.0
2013 Q2 1,447 0 0 0.0
2013 Q1 1,880 0 0 0.0
2012 Q4 683 0 0 0.0
2012 Q3 619 0 0 0.0
2012 Q2 499 1 1 2004.0
2012 Q1 707 0 0 0.0
2011 Q4 644 2 0 3105.6
2011 Q3 795 0 0 0.0
2011 Q2 813 1 0 1230.0
2011 Q1 685 0 0 0.0
2010 Q4 869 0 0 0.0
2010 Q3 717 0 0 0.0
2010 Q2 542 2 0 3690.0
2010 Q1 516 0 0 0.0
2009 Q4 322 0 0 0.0
2009 Q3 332 0 0 0.0
2009 Q2 345 0 0 0.0
2009 Q1 950 0 0 0.0
2008 Q4 1,244 0 0 0.0
2008 Q3 1,316 0 0 0.0
2008 Q2 1,119 0 0 0.0
2008 Q1 1,370 0 0 0.0
2007 Q4 1,718 0 0 0.0
2007 Q3 1,793 0 0 0.0
2007 Q2 1,748 0 0 0.0
2007 Q1 1,746 0 0 0.0
2006 Q4 1,727 0 0 0.0
2006 Q3 1,702 0 0 0.0
2006 Q2 1,373 0 0 0.0
2006 Q1 1,810 0 0 0.0
2005 Q4 1,780 0 0 0.0
2005 Q3 1,820 0 0 0.0
2005 Q2 1,985 0 0 0.0
2005 Q1 1,618 0 0 0.0
2004 Q4 1,656 0 0 0.0
2004 Q3 1,365 0 0 0.0
2004 Q2 1,365 0 0 0.0
2004 Q1 1,294 0 0 0.0
2003 Q4 1,323 0 0 0.0
2003 Q3 1,344 2 0 1488.1
2003 Q2 1,344 0 0 0.0
2003 Q1 1,344 0 0 0.0
2002 Q4 1,105 0 0 0.0
2002 Q3 1,105 0 0 0.0
2002 Q2 1,088 0 0 0.0
2002 Q1 1,264 0 0 0.0
2001 Q4 1,058 0 0 0.0
2001 Q3 1,365 0 0 0.0
2001 Q2 1,365 0 0 0.0
2001 Q1 1,365 6 3 4395.6
2000 Q4 1,842 0 0 0.0
2000 Q3 2,008 0 0 0.0
2000 Q2 1,352 0 0 0.0
2000 Q1 1,426 1 0 701.3
No fatalities recorded at this mine.

Reportable incidents

2 on file

1993 · 1 incident

November 4, 1993 AR · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Acme Brick Company · Struck against a moving object

LOADER OPERATOR WAS TRAVELING FORWARD AT A LOW SPEED WHILE LIFTING A LOADED BUCKET. THE LIFT LEVER STUCK IN THE LIFTING POSITION, AND WHEN THE BRAKES WORE APPLIED, THE LOADER NOSED OVER AND R ESTED ON BUCKET.

1984 · 1 incident

January 14, 1984 AR · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator IGNITION OR EXPLOSION OF GAS OR DUST
Acme Brick Company · Struck by flying object

AN OPEN FALME NATURAL GAS LINE WAS USED TO SUPPLY HEAT TO A FEEDER TO ELIMINATE FREEZING MATERIALS GAS FLAME WENT OUT AND WHEN RE LIT NATUARL GAS EXPLODED CAUSING A SECTION OF ANGLE IRON TO ST OPERATOR ON RIGHT LEG CAUSING A BONE FRACTURE