Mining Incidents

Kodiak 400 #1391: 17 MSHA citations Metal/Non-Metal

Controlled by Bart Hiatt
Hazen, Churchill County, NV  ·  Abandoned
MSHA Mine ID: 2602670

Kodiak 400 #1391 has $22K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2016
Latest incident
Aug 2016
Compliance record
MSHA citations since 2009
17
citations
6
significant & substantial
$21,678
proposed penalties
$19,228
paid to date
89% of proposed penalties paid to date, a $2,450 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
10
inspections on record
89
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: 89 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.
1
Section 107(a) orders
Most recent order: 2015-08-12.
On record since 2015.
Source: MSHA imminent-danger order records, updated weekly.

Kodiak 400 #1391 has $22K in proposed MSHA penalties and $0 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.
$22K
proposed penalties
$19K
current assessed
$19K
paid to date
$0
outstanding
16 assessments are final orders; 4 contested dockets.
Of $10K in penalties contested before the Commission, $8K was upheld in final decisions.
As of the most recent assessment on 2016-07-12.
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.
37.5%
significant & substantial
31.2%
high negligence or reckless
31.2%
reasonably likely or greater
56.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.2% low, 62.5% moderate, 31.2% 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.
6 citations taken to the federal commission · 35% of citations on record
  • Settled 3 · 50%
  • Stood as issued 2 · 33%
  • Vacated or withdrawn 1 · 17%
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 2 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$10K proposed, $8K 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 2018-10-03.
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
WEST 2016-0292 Settlement Manning 2016 $10K → $7K
WEST 2009-869M Settlement 2010 $200 → $200
WEST 2016-0121 Dismissal Manning 2016 $200 → $200
WEST 2019-0010 Withdrawal Manning 2019 $118 → $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: 2009-03-25, 17 years ago
2
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg1
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (2)
Date Contaminant Concentration Limit Conc / limit Occupation
2009-03-25 Respirable dust, <.1mg 0 Front-end Loader Operator
2009-03-25 Unlisted Particulate, respirable, <1% Qtz 0.93 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.
Ownership history
  1. A & K Earth Movers Inc 2009 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2018 3
2017 7
2016 11
2015 8
2014 2
2013 1
2012 4
2009 3
Source: MSHA quarterly employment and production, updated weekly.

Kodiak 400 #1391 sits in Churchill County, Nevada, where the Census mining category is 1.0% 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.
Churchill County, Nevada · Population 25,614
1.0%
Mining share of county employment
$73,268
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 Q2 0 0 0
2018 Q1 2,467 0 0 0.0
2017 Q4 2,742 0 0 0.0
2017 Q3 1,750 0 0 0.0
2017 Q2 1,405 0 0 0.0
2017 Q1 343 0 0 0.0
2016 Q4 2,275 0 0 0.0
2016 Q3 4,150 10 4 2409.6
Show 14 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q2 4,704 0 0 0.0
2016 Q1 3,161 0 0 0.0
2015 Q4 2,268 0 0 0.0
2015 Q3 1,615 5 1 3096.0
2015 Q2 80 0 0 0.0
2014 Q1 65 0 0 0.0
2013 Q4 302 0 0 0.0
2013 Q2 0 0 0
2013 Q1 56 0 0 0.0
2012 Q4 1,283 0 0 0.0
2012 Q3 393 0 0 0.0
2012 Q2 352 0 0 0.0
2009 Q2 1,106 0 0 0.0
2009 Q1 199 2 1 10050.3
No fatalities recorded at this mine.

Reportable incidents

1 on file

2016 · 1 incident

August 18, 2016 NV · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
A & K Earth Movers Inc · Fall from machine

Mechanic was stepping down from the bucket of a Skid Steer and was tripped up by an attachment bracket located in the center of the bucket. Employee fell onto right elbow and forearm causing a contusion and slight abrasion.