Mining Incidents

Howell Woods Mine: 56 MSHA citations Metal/Non-Metal

Controlled by Lester Ray Phillips
Smithfield, Johnston County, NC  ·  Abandoned
MSHA Mine ID: 3102198

Howell Woods Mine has $38K in proposed MSHA penalties and $0 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
2010
Latest incident
Nov 2010
Compliance record
MSHA citations since 2004
56
citations
14
significant & substantial
$38,062
proposed penalties
$21,550
paid to date
57% of proposed penalties paid to date, a $16,512 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
38
inspections on record
354
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: 354 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.
2
Section 107(a) orders
Most recent order: 2011-10-12.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Howell Woods Mine has $38K in proposed MSHA penalties and $0 outstanding across 5 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.
$38K
proposed penalties
$22K
current assessed
$22K
paid to date
$0
outstanding
53 assessments are final orders; 5 contested dockets.
Of $31K in penalties contested before the Commission, $14K was upheld in final decisions.
As of the most recent assessment on 2018-05-02.
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.
26.4%
significant & substantial
13.2%
high negligence or reckless
26.4%
reasonably likely or greater
50.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.9% low, 84.9% moderate, 11.3% high, 1.9% 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 · 14% of citations on record
  • Settled 7 · 88%
  • Vacated or withdrawn 1 · 13%
75%
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 4 decided S&S contests · industry: 79%
56%
Penalty reduction in decided contests
$31K proposed, $14K 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 2013-06-13.
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
SE 2011-556M Settlement Tureck 2012 $29K → $13K
SE 2013-458M Withdrawal Andrews 2013 $946 → $0
SE 2012-688M Settlement Gill 2014 $765 → $490
SE 2012-201M Settlement Lesnick 2012 $705 → $705
SE 2012-699M Settlement Tureck 2012 $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: 2015-05-27, 11 years ago
11
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg8
  • Unlisted Particulate, total, <1% Qtz3
Show the individual readings (11)
Date Contaminant Concentration Limit Conc / limit Occupation
2015-05-27 Respirable dust, <.1mg 0 Backhoe Operator
2015-05-27 Respirable dust, <.1mg 0 Complete Load-Haul-Dump
2015-05-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-08-26 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-08-26 Respirable dust, <.1mg 0 Backhoe Operator
2010-08-26 Respirable dust, <.1mg 0 Truck Driver
2007-06-20 Unlisted Particulate, total, <1% Qtz 0.14 Front-end Loader Operator
2007-06-20 Unlisted Particulate, total, <1% Qtz 0 Truck Driver
2007-06-20 Unlisted Particulate, total, <1% Qtz 0 Backhoe Operator
2004-08-25 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-08-25 Respirable dust, <.1mg 0 Backhoe 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. Mid--East Services Inc. 2004 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2018 5
2017 8
2016 7
2015 6
2014 6
2013 5
2012 5
2011 5
2010 4
2009 5
2008 5
2007 6
2006 5
2005 5
2004 4
Source: MSHA quarterly employment and production, updated weekly.

Howell Woods Mine sits in Johnston County, North Carolina, where the Census mining category is 0.2% 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, North Carolina · Population 226,623
0.2%
Mining share of county employment
$79,838
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 Q3 0 0 0
2018 Q2 2,980 2 0 671.1
2018 Q1 4,131 0 0 0.0
2017 Q4 4,522 2 0 442.3
2017 Q3 4,704 2 0 425.2
2017 Q2 4,757 0 0 0.0
2017 Q1 4,907 0 0 0.0
2016 Q4 3,220 1 0 310.6
Show 49 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q3 4,063 0 0 0.0
2016 Q2 3,953 0 0 0.0
2016 Q1 4,193 0 0 0.0
2015 Q4 3,760 0 0 0.0
2015 Q3 4,446 0 0 0.0
2015 Q2 4,064 0 0 0.0
2015 Q1 3,365 0 0 0.0
2014 Q4 3,836 0 0 0.0
2014 Q3 3,701 0 0 0.0
2014 Q2 3,215 3 0 933.1
2014 Q1 3,053 0 0 0.0
2013 Q4 2,939 1 0 340.3
2013 Q3 3,466 0 0 0.0
2013 Q2 1,776 0 0 0.0
2013 Q1 2,346 0 0 0.0
2012 Q4 2,273 0 0 0.0
2012 Q3 3,186 10 3 3138.7
2012 Q2 3,474 0 0 0.0
2012 Q1 3,437 0 0 0.0
2011 Q4 3,146 5 2 1589.3
2011 Q3 3,972 0 0 0.0
2011 Q2 2,677 0 0 0.0
2011 Q1 2,299 0 0 0.0
2010 Q4 2,094 4 2 1910.2
2010 Q3 2,243 1 0 445.8
2010 Q2 2,025 0 0 0.0
2010 Q1 1,917 0 0 0.0
2009 Q4 2,134 0 0 0.0
2009 Q3 2,339 0 0 0.0
2009 Q2 2,301 1 1 434.6
2009 Q1 2,469 1 1 405.0
2008 Q4 2,600 0 0 0.0
2008 Q3 2,366 0 0 0.0
2008 Q2 3,559 2 1 562.0
2008 Q1 3,172 2 0 630.5
2007 Q4 3,135 0 0 0.0
2007 Q3 3,130 0 0 0.0
2007 Q2 3,646 5 1 1371.4
2007 Q1 3,999 0 0 0.0
2006 Q4 3,648 0 0 0.0
2006 Q3 3,477 0 0 0.0
2006 Q2 2,960 0 0 0.0
2006 Q1 3,207 3 1 935.5
2005 Q4 3,156 0 0 0.0
2005 Q3 3,287 3 0 912.7
2005 Q2 2,617 0 0 0.0
2005 Q1 1,824 4 1 2193.0
2004 Q4 1,848 0 0 0.0
2004 Q3 1,774 2 1 1127.4
No fatalities recorded at this mine.

Reportable incidents

2 on file

2010 · 2 incidents

November 20, 2010 NC · Metal/Non-Metal miner, prospector, nec POWERED HAULAGE
Mid--East Services Inc. · Struck against a moving object

Two Trespassers were involved in an ATV accident approximately 400 yds from the mine gate on the haul road entering the mine. One of the people was fatally injured and the other person was seriously injured. The gate was locked and the accident occurred during non-working hours. Both victims were not employed or associated with the mine.

November 20, 2010 NC · Metal/Non-Metal miner, prospector, nec POWERED HAULAGE
Mid--East Services Inc. · Struck against a moving object

Two Trespassers were involved in an ATV accident approximately 400 yds from the gate entering the Mine. One of the people was fatally injured and the other person was seriously injured. Both victims were not employed by mine nor associated with the mine.