Mining Incidents

Franklin Aggregates: 62 MSHA citations Metal/Non-Metal

Payne & Dolan, Inc. · Surface
Controlled by Kurt Bechthold
Franklin, Milwaukee County, WI  ·  Abandoned
MSHA Mine ID: 4700216

Franklin Aggregates has $9K in proposed MSHA penalties and $0 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
10
Years on record
1990–2012
Latest incident
Sep 2012
Compliance record
MSHA citations since 2000
62
citations
7
significant & substantial
$9,333
proposed penalties
$7,603
paid to date
81% of proposed penalties paid to date, a $1,730 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
42
inspections on record
928
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: 928 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Franklin Aggregates has $9K in proposed MSHA penalties and $0 outstanding across 3 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.
$9K
proposed penalties
$8K
current assessed
$8K
paid to date
$0
outstanding
62 assessments are final orders; 3 contested dockets.
Of $11K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2013-07-24.
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.
11.3%
significant & substantial
1.6%
high negligence or reckless
11.3%
reasonably likely or greater
46.8%
permanently disabling or fatal if injury occurs
Negligence coding: 1.6% none, 25.8% low, 71.0% moderate, 1.6% 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.
16 citations taken to the federal commission · 26% of citations on record
  • Settled 8 · 50%
  • Vacated or withdrawn 8 · 50%
10%
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 10 decided S&S contests · industry: 79%
76%
Penalty reduction in decided contests
$11K proposed, $3K 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 2009-08-24.
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
LAKE 2009-677M Settlement Rae 2011 $8K → $3K
LAKE 2009-676M Vacate Bulluck 2011 $2K → $0
LAKE20010179M Withdrawal 2001 $55 → $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: 2011-08-10, 15 years ago
0%
of limit-tested samples over the exposure limit
11
samples
5
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg6
  • Quartz, respirable, >1% Qtz4
  • Nuisance dust, respirable, <1% Qtz1
Show the individual readings (11)
Date Contaminant Concentration Limit Conc / limit Occupation
2011-08-10 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-08-10 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-01-07 Respirable dust, <.1mg 0 Laborer, Bullgang
2010-01-07 Nuisance dust, respirable, <1% Qtz 0.13 10 0.01 Front-end Loader Operator
2010-01-07 Quartz, respirable, >1% Qtz 0.61 0.88 0.69 Laborer, Bullgang
2010-01-07 Respirable dust, <.1mg 0 Laborer, Bullgang
2010-01-07 Respirable dust, <.1mg 0 Mechanic
2004-11-09 Quartz, respirable, >1% Qtz 0.15 1.69 0.09 Laborer, Bullgang
2004-11-09 Respirable dust, <.1mg 0 Drill Operator, Rotary Air
2004-11-09 Quartz, respirable, >1% Qtz 0.15 1.22 0.12 Crusher Oper/Worker
2004-11-09 Quartz, respirable, >1% Qtz 0.29 1.28 0.23 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.

Franklin Aggregates recorded 5.05 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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.
5.05
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 2.48 and the all-US-mining average was 2.96 cases per 100 workers.
In Wisconsin, metal and nonmetal mining averaged 3.83 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
2012 * 5.05 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 4.15 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 8.13 4.07 0.000
2007 * 7.79 0.00 0.000
2006 * 0.00 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. Vulcan Construction Materials, L.P. 1950 to 2013
  2. Payne & Dolan, Inc. 2013 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2014 0
2013 10
2012 18
2011 20
2010 19
2009 18
2008 24
2007 22
2006 24
2005 26
2004 24
2003 24
2002 21
2001 23
2000 23
Source: MSHA quarterly employment and production, updated weekly.

Franklin Aggregates sits in Milwaukee County, Wisconsin, where the Census mining category is 0.0% 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.
Milwaukee County, Wisconsin · Population 927,656
0.0%
Mining share of county employment
$62,118
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
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 4,411 4 0 906.8
2013 Q2 8,198 0 0 0.0
2013 Q1 6,487 0 0 0.0
2012 Q4 9,143 0 0 0.0
2012 Q3 11,661 1 0 85.8
2012 Q2 10,754 0 0 0.0
Show 49 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q1 8,070 4 1 495.7
2011 Q4 11,395 0 0 0.0
2011 Q3 11,024 1 0 90.7
2011 Q2 10,103 0 0 0.0
2011 Q1 7,597 0 0 0.0
2010 Q4 11,907 0 0 0.0
2010 Q3 15,482 1 0 64.6
2010 Q2 12,974 0 0 0.0
2010 Q1 7,847 0 0 0.0
2009 Q4 9,710 0 0 0.0
2009 Q3 11,862 12 1 1011.6
2009 Q2 11,671 0 0 0.0
2009 Q1 7,730 0 0 0.0
2008 Q4 11,449 0 0 0.0
2008 Q3 13,942 0 0 0.0
2008 Q2 11,860 0 0 0.0
2008 Q1 11,940 2 0 167.5
2007 Q4 12,716 0 0 0.0
2007 Q3 13,122 0 0 0.0
2007 Q2 13,194 1 0 75.8
2007 Q1 12,286 0 0 0.0
2006 Q4 11,927 0 0 0.0
2006 Q3 13,218 0 0 0.0
2006 Q2 14,855 0 0 0.0
2006 Q1 14,268 0 0 0.0
2005 Q4 15,305 0 0 0.0
2005 Q3 15,081 0 0 0.0
2005 Q2 14,847 0 0 0.0
2005 Q1 13,624 0 0 0.0
2004 Q4 14,191 0 0 0.0
2004 Q3 15,281 0 0 0.0
2004 Q2 14,600 0 0 0.0
2004 Q1 13,365 0 0 0.0
2003 Q4 17,112 10 2 584.4
2003 Q3 17,017 0 0 0.0
2003 Q2 16,284 0 0 0.0
2003 Q1 13,252 2 0 150.9
2002 Q4 11,278 0 0 0.0
2002 Q3 9,963 0 0 0.0
2002 Q2 18,023 0 0 0.0
2002 Q1 11,797 3 0 254.3
2001 Q4 16,221 0 0 0.0
2001 Q3 16,251 0 0 0.0
2001 Q2 16,064 5 0 311.3
2001 Q1 9,612 0 0 0.0
2000 Q4 16,093 0 0 0.0
2000 Q3 16,908 2 0 118.3
2000 Q2 14,331 0 0 0.0
2000 Q1 12,820 7 1 546.0
No fatalities recorded at this mine.

Reportable incidents

10 on file

2012 · 1 incident

September 18, 2012 WI · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON

At the end of shift, EE parked haul truck at the access platform located on E. side of shop. The EE was walking down the stairs and caught his rt. heel on the edge of the 2nd to last step causing his rt. ankle to roll/twist and stumbled to ground. On 9/19 an X-ray revealed a closed fracture of the right ankle. The EE was given a walking boot, crutches and placed on restrictions.

2010 · 1 incident

October 15, 2010 WI · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Vulcan Construction Materials, L.P. · Struck by falling object

Haul truck dumped its load into the primary crusher before the crusher was started. Employee fractured ankle clearing rocks out of the jaw crusher when a rock slid and fell from grizzley/feeder striking ankle.

2008 · 2 incidents

June 9, 2008 WI · Metal/Non-Metal assayer, geologist, metallurgist, engineer, engineer management NONPOWERED HAULAGE
Vulcan Construction Materials, L.P. · Caught in, under or between (Not Elsewhere Classified)

The miner injured the right index finger while unhitching a trailer containing a dewatering pump. The trailer was rear heavy and the rear stabilizers were non-functional. While unhitching the trailer, it shifted upward pushing the pindle hitch back, trapping finger between hitch and bumper.

May 30, 2008 WI · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Vulcan Construction Materials, L.P. · Over-exertion (Not Elsewhere Classified)

EE was putting up a mod office in shop. EE pulled a panel when he felt a sharp pain in left shoulder. The EE tried to work through the injury, but shoulder was not improving. On 12/8/09 EE 1st saw dr and diagnosed with a strain without restriction. During layoff the EE received medical restrictions. Layoff callback occurred on 3/19/10, but EE could not return due to restrictions.

2007 · 2 incidents

March 6, 2007 WI · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Vulcan Construction Materials, L.P. · Fall to the walkway or working surface

Upon finishing maintenance and in the process of cleaning up the C-11 area, the employe finished wrapping up the torch hoses and welding leads. At ground level, he slipped landing on his right shoulder, unaware that ice was beneath the fresh snow presenting the slip fall hazard. The employee continued uninterupted work schedule until the restricted duty status of 5/15/07.

January 11, 2007 WI · Metal/Non-Metal electrician, lineman HANDTOOLS (NONPOWERED)
Vulcan Construction Materials, L.P. · Over-exertion (Not Elsewhere Classified)

Employee was using a manual pipe bender to bed conduit for an electrical installation. The employee had his left foot on the foot pedal of the pipe bender and was placing downforce on the pedal to bend the conduit when he felt pain in his ankle and felt the ankle give out. The employee was transported to a local hospital by ambulance and diagnosed with a broken left ankle.

2000 · 2 incidents

November 14, 2000 WI · Metal/Non-Metal truck driver HANDLING OF MATERIALS
Vulcan Construction Materials, L.P. · Over-exertion in lifting objects

EMPLOYEE WAS CLEANING IN SURGE TUNNEL AT THE END OF A NEARLY FULL SHIFT OF TRUCK DRIVING. HE WAS USING A SHOVEL TO PUSH SOME WET MATERIAL INTO A SMALL PILE WHEN HE FELT A PAIN IN HIS LOWER BAC K AND RIGHT LEG.

February 16, 2000 WI · Metal/Non-Metal electrician, lineman HANDTOOLS (NONPOWERED)
Vulcan Construction Materials, L.P. · Struck by... (Not Elsewhere Classified)

EE WAS REMOVING THE CORD FROM A 30 HP MOTOR WITH A UTILITY KNIFE. WHEN HE WENT TO CUT TAPE OFF, HIS HAND SLIPPED CAUSING THE KNIFE TO COME INTO CONTACT WITH HIS LEFT LITTLE FINGER. HE RECEIVED A LACERATION WHICH REQUIRED STITCHES.

1998 · 1 incident

March 25, 1998 WI · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Vulcan Construction Materials, L.P. · Over-exertion in pulling or pushing objects

EE REPLACED A SCREEN PANAEL & HAD INSTALLED A REAR INSPECTION COVER. IN THE PROCESS OF TIGHTENING THE BOLTS WITH A RATCHET HE FELT A PULL IN HIS BACK. HE VISITED A DOCTOR AT LUNCH & FINISHED H IS SHIFT. THE NEXT DAY HE FELT PAIN & MADE A DR.APPT. HE WAS PUT ON NO DUTY STATUS. HE RETURNED TO WORK ON 3/30/98 WITH NO RESTRICTIONS.

1990 · 1 incident

April 13, 1990 WI · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Vulcan Construction Materials, L.P. · Fall to lower level, (Not Elsewhere Classified)

EMPLOYEE WAS STANDING ON A 2X6 WOODEN PLANK UNDERNEATH THE PRIMARY FEEDER FLOOR CUTTING OFF FLOOR BOLTS WHEN THE PLANK BROKE CAUSING EMPLOYEE TO STRIKE HIS RIGHT ARM EITHER ON THE FRAMEWORK OF THE CRUSHER OR ON A STONE WHEN HE SLID DOWN A PILE OF MATERIAL BUILDUP, APPROXIMATELY 15 FEET.