Mining Incidents

KONITZ PORTABLE CRUSHER #1: 46 MSHA citations Metal/Non-Metal

Controlled by Tom Konitz
Lewistown, Fergus County, MT  ·  Abandoned
MSHA Mine ID: 2400936

KONITZ PORTABLE CRUSHER #1 has $9K 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
15
Years on record
1987–2004
Latest incident
Jul 2004
Compliance record
MSHA citations since 2000
46
citations
23
significant & substantial
$8,890
proposed penalties
$7,036
paid to date
79% of proposed penalties paid to date, a $1,854 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
9
inspections on record
150
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: 150 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

KONITZ PORTABLE CRUSHER #1 has $9K 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.
$9K
proposed penalties
$7K
current assessed
$7K
paid to date
$0
outstanding
46 assessments are final orders; 4 contested dockets.
Of $7K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2005-10-03.
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.
50.0%
significant & substantial
0.0%
high negligence or reckless
50.0%
reasonably likely or greater
80.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.2% low, 84.8% moderate, 0.0% 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.
12 citations taken to the federal commission · 26% of citations on record
  • Settled 12 · 100%
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 4 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$5K 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 2005-03-16.
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 2005-74M Settlement Melick 2005 $4K → $2K
WEST20010139M Settlement Cetti 2001 $1K → $1K
WEST 2005-233M Settlement Weisberger 2005 $1K → $963
WEST 2003-433-M Settlement Hodgdon 2003 $715 → $572
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: 2004-07-27, 22 years ago
75%
of limit-tested samples over the exposure limit
5
samples
4
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz43 over
  • Respirable dust, <.1mg1
Show the individual readings (5)
Date Contaminant Concentration Limit Conc / limit Occupation
2004-07-27 Quartz, respirable, >1% Qtz 0.95 0.83 1.14 Front-end Loader Operator
2004-07-27 Quartz, respirable, >1% Qtz 1.14 0.67 1.70 Crusher Oper/Worker
2004-07-27 Quartz, respirable, >1% Qtz 2.65 0.53 5.00 Cleanup Man
2004-07-27 Quartz, respirable, >1% Qtz 0.52 1.05 0.50 Front-end Loader Operator
2002-07-17 Respirable dust, <.1mg 0 Front-end Loader 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. Francis Tindall Construction 1950 to 1982
  2. Konitz Contracting Inc 1982 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2006 1
2005 4
2004 4
2003 5
2002 8
2001 1
2000 6
Source: MSHA quarterly employment and production, updated weekly.

KONITZ PORTABLE CRUSHER #1 sits in Fergus County, Montana, where the Census mining category is 0.3% 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.
Fergus County, Montana · Population 11,581
0.3%
Mining share of county employment
$59,731
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
2006 Q3 0 0 0
2006 Q2 2 0 0 0.0
2006 Q1 1 0 0 0.0
2005 Q4 1,769 2 0 1130.6
2005 Q3 2,799 0 0 0.0
2005 Q2 142 0 0 0.0
2005 Q1 2 0 0 0.0
2004 Q4 1,391 0 0 0.0
Show 16 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2004 Q3 2,950 12 4 4067.8
2004 Q2 2 0 0 0.0
2004 Q1 0 0 0
2003 Q4 0 0 0
2003 Q3 2,781 1 1 359.6
2003 Q2 960 0 0 0.0
2003 Q1 1,831 0 0 0.0
2002 Q4 3,367 0 0 0.0
2002 Q3 4,083 16 14 3918.7
2001 Q3 2 0 0 0.0
2001 Q2 2 0 0 0.0
2001 Q1 1 0 0 0.0
2000 Q4 853 0 0 0.0
2000 Q3 3,465 15 4 4329.0
2000 Q2 3,278 0 0 0.0
2000 Q1 166 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

15 on file

2004 · 1 incident

July 28, 2004 MT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Konitz Contracting Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS ON HAND AND KNEES CLEANING OUT CRUSHER CONE. WHEN HE STOOD UP, KNEE POPPED.

2003 · 2 incidents

July 21, 2003 MT · Metal/Non-Metal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Konitz Contracting Inc · Absorption of radiations, caustics, toxic and noxious substances

WHILE CHANGING HOSE TO NEW COMPARTMENT ON FUEL TANKER, EE WAS SPRAYED WITH DIESEL FUEL.

June 3, 2003 MT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Konitz Contracting Inc · Fall from machine

EMPLOYEE TRIPPED COMING OUT OF TOOL VAN.

2002 · 1 incident

November 25, 2002 MT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Konitz Contracting Inc · Struck by flying object

WHILE FILING ON SHAFT FOR PRESCREEN COUNTERWEIGHT, A PIECE OF STEEL FLEW INTO EYE.

1999 · 1 incident

August 16, 1999 MT · Metal/Non-Metal greaser, grease man, oiler, lube man, dragline oiler POWERED HAULAGE
Konitz Contracting Inc · Struck by falling object

WHILE SETTING UP CRUSHER EE HAD FOOT IN WRONG PLACE CONVEYOR CAME DOWN ON FOOT

1994 · 2 incidents

June 24, 1994 MT · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator MACHINERY
Konitz Contracting Inc · Struck by... (Not Elsewhere Classified)

CHANGING CUTTING EDGES ON 966 LOADER WAS HOLDING UP ON BOLT DIDNT HAVE IN GROOVE WHEN AIR WRENCH WAS TURNED ON THE BOLT SPUN AND CUT FINGER.

June 22, 1994 MT · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Konitz Contracting Inc · Fall onto or against objects

ON SCREENING PLANT SLIPPED ON AIR HOSE WHICH ROLLED UNDER HIS FOOT FELL ON RAILING.

1993 · 1 incident

December 22, 1993 MT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Konitz Contracting Inc · Caught in, under or between a moving and a stationary object

WHILE MOVING SHAFT ON CONVEYOR SHAFT SLIPPED & CAUGHT RIGHT THUMB BETWEEN SHAFT & CONVEYOR.

1992 · 1 incident

April 9, 1992 MT · Metal/Non-Metal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Konitz Contracting Inc · Fall to lower level, (Not Elsewhere Classified)

STANDIN ON FRAME FEET SLIPPED FELL OFF HOOKING CHIN STICHES REQ

1991 · 1 incident

July 17, 1991 MT · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Konitz Contracting Inc · Struck by... (Not Elsewhere Classified)

WHILE LIFTING EXCITER OFF GENERATOR, EXCITER SLIPPED CATCHING FINGER AGAISNT TIRE, CUTTING LEFT INDEX FINGER.

1990 · 1 incident

November 9, 1990 MT · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Konitz Contracting Inc · Fall from machine

FELL OFF TRUCK. HURT LEFT RING FINGER.

1989 · 1 incident

April 25, 1989 MT · Metal/Non-Metal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Konitz Contracting Inc · Fall from ladders

ROLLS FILLED ON CRUSHER-RAN OVER TO PULL CLUTCH ROPE MISSED ROPE RAN UP LOADER TO DISENGAGE CLUTCH LOST BALANCE FELL FROM LADDER LANDING ON CRUSHER SCREEN GUARD UNDER RIGHT KNEE CAP-TWISTED AN KLE-NOR REPORTED TO OFFICE UNBTIL 09-05-89.

1988 · 2 incidents

December 9, 1988 MT · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Konitz Contracting Inc · Struck against a moving object

BACKING UP OVER GRAVEL WINDOW SHIFTED SMAE TIME ACTION THREW HIM BACK OVER SEAT CAUSING WHIPLASH.

February 16, 1988 MT · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Konitz Contracting Inc · Struck by... (Not Elsewhere Classified)

GUARD ON CUTTING EDGE OF BUCKET ON LOADER FELL OFF, STRIKING EMPLOYEE ON LEFT SIDE OF TOP OF HEAD, RESULTING IN CUT WHICH REQUIRED STITCHES AND DENTAL WORK (4 CHIPPED TEETH).

1987 · 1 incident

October 8, 1987 MT · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Konitz Contracting Inc · Struck against a moving object

PULLING LOADED 6ELLY DUMP & PUP GOT OUT OF SOFT SHOULDER AND UNIT TURNED OVER.DRIVER WAS INJURED BRUISED SHOULDER AND KNEE.