J L Sherman Excavation Co has $21K in proposed MSHA penalties and $22 outstanding across 7 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
6
Years on record
1990–2013
Latest incident
Apr 2013
Compliance record
MSHA citations since 2000
109
citations
27
significant & substantial
$20,801
proposed penalties
$16,110
paid to date
77% of proposed penalties paid to date, a $4,691 gap.
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: 688 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
J L Sherman Excavation Co has $21K in proposed MSHA penalties and $22 outstanding across 7 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.
$21K
proposed penalties
$16K
current assessed
$16K
paid to date
$22
outstanding
108 assessments are final orders; 7 contested dockets.
Of $12K in penalties contested before the Commission, $7K was upheld in final decisions.
As of the most recent assessment on 2017-10-11.
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.
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.
2citations taken to the federal commission · 2% of citations on record
Settled
2 · 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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 2 decided S&S contests · industry: 79%
31%
Penalty reduction in decided contests
$4K 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 2016-01-04.
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.
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: 2017-04-26, 9 years ago
17%
of limit-tested samples over the exposure limit
10
samples
6
limit-tested
Most sampled contaminants
Quartz, respirable, >1% Qtz61 over
Respirable dust, <.1mg4
Show the individual readings (10)
Date
Contaminant
Concentration
Limit
Conc / limit
Occupation
2009-07-01
Quartz, respirable, >1% Qtz
0.48
0.31
1.55
Front-end Loader Operator
2017-04-26
Respirable dust, <.1mg
0
Crusher Oper/Worker
2013-08-28
Respirable dust, <.1mg
0
Front-end Loader Operator
2013-08-28
Quartz, respirable, >1% Qtz
0.21
1.83
0.11
Truck Driver
2010-04-21
Respirable dust, <.1mg
0
Front-end Loader Operator
2010-04-21
Quartz, respirable, >1% Qtz
0.13
0.74
0.18
Truck Driver
2009-09-10
Respirable dust, <.1mg
0
Front-end Loader Operator
2007-07-12
Quartz, respirable, >1% Qtz
0.45
0.79
0.57
Truck Driver
2001-08-28
Quartz, respirable, >1% Qtz
0.47
0.78
0.60
Truck Driver
2001-08-28
Quartz, respirable, >1% Qtz
0.31
0.43
0.72
Crusher Oper/Worker
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.
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year
Employees
2018
0
2017
3
2016
4
2015
4
2014
4
2013
5
2012
5
2011
3
2010
2
2009
2
2008
4
2007
3
2006
4
2005
3
2004
3
2003
2
2002
2
2001
1
2000
2
Source: MSHA quarterly employment and production, updated weekly.
J L Sherman Excavation Co sits in Pend Oreille County, Washington, where the Census mining category is 1.1% 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.
Pend Oreille County, Washington · Population 13,811
1.1%
Mining share of county employment
$63,750
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
This was not an accident in any way shape or form. Not related to any condition on this property. It was an unfortunate heart attack which just happened to occur on our property. This form does not apply to this situation. He was returning from a delivery pulled up near stockpile got out of truck and had a massive heart attack. See attached detail letter.
1996 · 1 incident
April 12, 1996WA · Metal/Non-Metalhaul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driverSLIP OR FALL OF PERSON
HE WAS TESTING A MOTORSTARTER CONTROL WITH A VOLTAGE METER TESTER. HE CHECKED 2 LIVES & UPON CHECKING THE THIRD, AN ARC EXCAPED & FLASH BURNED HIS FACE, ARMS, CHEST & EYES. THIS MAN HAS 12 YRS EXPERIENCE AS AN ELECTRICIAN, LICENSED & A UNIONMEMBER.
April 11, 1995WA · Metal/Non-Metalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorHANDLING OF MATERIALS
SHOVELING GRAVEL OUT FROM UNDER CONVEYOR BELT TO INSURE THE PULLEYS WERE WORKING.TWISTED WHILE SHOVELING AND HURT BACK.PULLED MUSCLE-SEVERAL WEEKS OFF AND HE COULD RETURN TO WORK BUT PLANT WAS CLOSED AROUND 11-24 SO HE DIDNT RETURN TO WORK DUE TO WINTER WEATHER CONDITIONS.
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