Mining Incidents

L & L GRAVEL: 51 MSHA citations Metal/Non-Metal

L & L Gravel · Surface
Controlled by Lewis L Herbaugh
Thedford, Thomas County, NE  ·  Abandoned
MSHA Mine ID: 2501093

L & L GRAVEL has $28K in proposed MSHA penalties and $20K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2004
51
citations
21
significant & substantial
$28,296
proposed penalties
$2,906
paid to date
10% of proposed penalties paid to date, a $25,390 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
32
inspections on record
313
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: 313 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: 2011-08-31.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

L & L GRAVEL has $28K in proposed MSHA penalties and $20K 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.
$28K
proposed penalties
$22K
current assessed
$3K
paid to date
$20K
outstanding
50 assessments are final orders; 3 contested dockets.
Of $34K in penalties contested before the Commission, $9K was upheld in final decisions.
As of the most recent assessment on 2022-07-27.
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.
42.0%
significant & substantial
10.0%
high negligence or reckless
42.0%
reasonably likely or greater
66.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 10.0% low, 80.0% moderate, 10.0% 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.
14 citations taken to the federal commission · 27% of citations on record
  • Settled 13 · 93%
  • Vacated or withdrawn 1 · 7%
71%
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 7 decided S&S contests · industry: 79%
74%
Penalty reduction in decided contests
$34K proposed, $9K 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 2012-09-10.
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
CENT 2012-532M Settlement Paez 2013 $24K → $2K
CENT 2012-73M Settlement Lesnick 2012 $10K → $6K
CENT 2012-886M Settlement Lesnick 2013 $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: 2017-08-16, 9 years ago
3
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg3
Show the individual readings (3)
Date Contaminant Concentration Limit Conc / limit Occupation
2017-08-16 Respirable dust, <.1mg 0 Backhoe Operator
2017-08-16 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-09-14 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. L & L Gravel 1987 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2023 1
2022 2
2021 2
2020 1
2019 2
2018 2
2017 2
2016 2
2015 2
2014 2
2013 2
2012 2
2011 2
2010 1
2009 2
2008 1
2007 1
2006 1
2005 1
2004 1
2003 1
2002 1
2001 1
2000 0
Source: MSHA quarterly employment and production, updated weekly.

L & L GRAVEL sits in Thomas County, Nebraska, 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.
Thomas County, Nebraska · Population 626
0.3%
Mining share of county employment
$72,708
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
2023 Q4 0 0 0
2023 Q3 128 0 0 0.0
2023 Q1 0 0 0
2022 Q4 48 0 0 0.0
2022 Q3 420 2 0 4761.9
2021 Q4 25 0 0 0.0
2021 Q3 644 0 0 0.0
2021 Q2 84 2 0 23809.5
Show 82 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2020 Q3 980 1 0 1020.4
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 325 0 0 0.0
2019 Q3 960 1 0 1041.7
2019 Q2 282 0 0 0.0
2018 Q4 150 0 0 0.0
2018 Q3 804 0 0 0.0
2018 Q2 300 0 0 0.0
2018 Q1 0 0 0
2017 Q4 350 0 0 0.0
2017 Q3 801 2 0 2496.9
2017 Q2 1,171 0 0 0.0
2017 Q1 0 1 0
2016 Q4 254 0 0 0.0
2016 Q3 836 0 0 0.0
2016 Q2 728 0 0 0.0
2016 Q1 0 0 0
2015 Q4 252 2 0 7936.5
2015 Q3 980 0 0 0.0
2015 Q2 788 2 0 2538.1
2015 Q1 0 0 0
2014 Q4 160 0 0 0.0
2014 Q3 720 0 0 0.0
2014 Q2 1,230 0 0 0.0
2014 Q1 0 0 0
2013 Q4 400 0 0 0.0
2013 Q3 660 1 0 1515.2
2013 Q2 640 0 0 0.0
2013 Q1 0 0 0
2012 Q4 280 0 0 0.0
2012 Q3 400 1 0 2500.0
2012 Q2 640 0 0 0.0
2012 Q1 215 0 0 0.0
2011 Q4 500 0 0 0.0
2011 Q3 1,008 13 6 12896.8
2011 Q2 1,040 0 0 0.0
2011 Q1 0 0 0
2010 Q4 0 0 0
2010 Q3 750 0 0 0.0
2010 Q2 520 16 12 30769.2
2010 Q1 71 0 0 0.0
2009 Q4 175 0 0 0.0
2009 Q3 510 0 0 0.0
2009 Q2 551 0 0 0.0
2009 Q1 10 0 0 0.0
2008 Q4 35 0 0 0.0
2008 Q3 115 0 0 0.0
2008 Q2 350 0 0 0.0
2008 Q1 75 0 0 0.0
2007 Q4 30 1 0 33333.3
2007 Q3 150 0 0 0.0
2007 Q2 400 0 0 0.0
2007 Q1 0 0 0
2006 Q4 0 0 0
2006 Q3 600 0 0 0.0
2006 Q2 1,500 0 0 0.0
2006 Q1 30 0 0 0.0
2005 Q4 0 0 0
2005 Q3 307 0 0 0.0
2005 Q2 480 0 0 0.0
2005 Q1 24 0 0 0.0
2004 Q4 136 1 0 7352.9
2004 Q3 650 1 0 1538.5
2004 Q2 0 0 0
2004 Q1 0 0 0
2003 Q4 0 0 0
2003 Q3 500 0 0 0.0
2003 Q2 225 0 0 0.0
2003 Q1 0 0 0
2002 Q4 0 0 0
2002 Q3 500 0 0 0.0
2002 Q2 500 0 0 0.0
2002 Q1 0 0 0
2001 Q4 0 0 0
2001 Q3 125 0 0 0.0
2001 Q2 175 0 0 0.0
2001 Q1 0 0 0
2000 Q4 0 0 0
2000 Q3 0 0 0
2000 Q2 0 0 0
2000 Q1 0 0 0

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.