Mining Incidents

Lucerne Mill: 38 MSHA citations Metal/Non-Metal

Wyo-Ben Inc · Surface
Controlled by David Brown
Greybull, Hot Springs County, WY  ·  Active
MSHA Mine ID: 4801191

Lucerne Mill has $15K in proposed MSHA penalties and $0 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
2010–2025
Latest incident
Sep 2025
Compliance record
MSHA citations since 2009
38
citations
17
significant & substantial
$14,909
proposed penalties
$10,366
paid to date
70% of proposed penalties paid to date, a $4,543 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
47
inspections on record
795
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: 795 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Lucerne Mill has $15K in proposed MSHA penalties and $0 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.
$15K
proposed penalties
$10K
current assessed
$10K
paid to date
$0
outstanding
37 assessments are final orders; 3 contested dockets.
Of $5K in penalties contested before the Commission, $479 was upheld in final decisions.
As of the most recent assessment on 2025-11-04.
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.
44.7%
significant & substantial
7.9%
high negligence or reckless
44.7%
reasonably likely or greater
60.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 21.1% low, 71.1% moderate, 7.9% 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.
3 citations taken to the federal commission · 8% of citations on record
  • Settled 2 · 67%
  • Stood as issued 1 · 33%
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 3 decided S&S contests · industry: 79%
90%
Penalty reduction in decided contests
$5K proposed, $479 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 2022-06-14.
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 2022-0257 Dismissal 2023 $5K → $0
WEST 2010-802M Settlement Lewis 2011 $308 → $308
WEST 2011-1163M Settlement Manning 2012 $207 → $171
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: 2024-06-06
11%
of limit-tested samples over the exposure limit
36
samples
18
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz192 over
  • Respirable dust, <.1mg11
  • Unlisted Particulate, respirable, <1% Qtz3
  • Cristobalite, respirable2
Show the individual readings (36)
Date Contaminant Concentration Limit Conc / limit Occupation
2018-07-18 Quartz, respirable, >1% Qtz 0.68 0.52 1.31 Packaging Operations Worker
2011-04-06 Quartz, respirable, >1% Qtz 0.96 0.63 1.52 Truck Loader
2024-06-06 Quartz, respirable, >1% Qtz 0.27 0.59 0.46 Utility Man
2024-06-06 Quartz, respirable, >1% Qtz 0.16 0.65 0.25 Lab Technician
2024-06-06 Quartz, respirable, >1% Qtz 0.23 0.94 0.24 Ball Mill Operator
2022-12-09 Respirable dust, <.1mg 0 Lab Technician
2022-12-09 Respirable dust, <.1mg 0 Front-end Loader Operator
2022-12-09 Respirable dust, <.1mg 0 Kiln/Dryer Operator
2022-12-09 Respirable dust, <.1mg 0 Mechanic
2022-12-09 Respirable dust, <.1mg 0 Truck Loader
2021-11-30 Respirable dust, <.1mg 0 Front-end Loader Operator
2021-11-30 Quartz, respirable, >1% Qtz 0.65 0.68 0.96 Kiln/Dryer Operator
2021-11-30 Quartz, respirable, >1% Qtz 0.23 0.65 0.35 Laborer, Bullgang
2021-11-30 Quartz, respirable, >1% Qtz 0.24 0.6 0.40 Laborer, Bullgang
2018-11-27 Unlisted Particulate, respirable, <1% Qtz 0.29 Mechanic
2018-11-27 Quartz, respirable, >1% Qtz 0.2 Crusher Oper/Worker
2018-11-27 Respirable dust, <.1mg 0 Packaging Operations Worker
2018-07-18 Quartz, respirable, >1% Qtz 0.24 Mechanic
2018-07-18 Respirable dust, <.1mg 0 Crusher Oper/Worker
2018-01-10 Cristobalite, respirable 0 Kiln/Dryer Operator
2018-01-10 Quartz, respirable, >1% Qtz 0.29 0.67 0.43 Kiln/Dryer Operator
2018-01-10 Cristobalite, respirable 0 Mechanic
2018-01-10 Quartz, respirable, >1% Qtz 0.26 0.74 0.35 Mechanic
2016-12-07 Respirable dust, <.1mg 0 Mechanic
2016-12-07 Nuisance dust, respirable, <1% Qtz 0.19 10 0.02 Front-end Loader Operator
2014-08-06 Respirable dust, <.1mg 0 Front-end Loader Operator
2014-08-06 Unlisted Particulate, respirable, <1% Qtz 0.63 Kiln/Dryer Operator
2011-11-08 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-11-08 Quartz, respirable, >1% Qtz 0.28 0.58 0.48 Kiln/Dryer Operator
2011-11-08 Quartz, respirable, >1% Qtz 0.3 0.57 0.53 Bagging Operator
2011-08-01 Quartz, respirable, >1% Qtz 0.28 0.84 0.33 Truck Loader
2011-04-06 Quartz, respirable, >1% Qtz 0.28 0.67 0.42 Kiln/Dryer Operator
2011-04-06 Quartz, respirable, >1% Qtz 0.12 0.5 0.24 Front-end Loader Operator
2010-01-06 Quartz, respirable, >1% Qtz 0.46 1.12 0.41 Kiln/Dryer Operator
2010-01-06 Unlisted Particulate, respirable, <1% Qtz 0.13 Front-end Loader Operator
2010-01-06 Quartz, respirable, >1% Qtz 0.49 1.03 0.48 Lab Technician
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.

Lucerne Mill recorded 10.72 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.
10.72
total case rate
3.57
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 1.65 and the all-US-mining average was 1.97 cases per 100 workers.
In Wyoming, metal and nonmetal mining averaged 1.96 cases per 100 workers that year.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year total case rate days-away fatal
2025 * 10.72 3.57 0.000
2024 * 0.00 0.00 0.000
2023 * 6.79 6.79 0.000
2022 * 0.00 0.00 0.000
2021 * 3.60 0.00 0.000
2020 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 3.53 0.00 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Ownership history
  1. Wyo-Ben Inc 1978 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 30
2025 30
2024 30
2023 29
2022 30
2021 29
2020 29
2019 29
2018 29
2017 26
2016 23
2015 23
2014 25
2013 21
2012 25
2011 21
2010 15
2009 4
Source: MSHA quarterly employment and production, updated weekly.

Lucerne Mill sits in Hot Springs County, Wyoming, where the Census mining category is 7.4% 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.
Hot Springs County, Wyoming · Population 4,618
7.4%
Mining share of county employment
$64,375
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
2026 Q2 14,471 0 0 0.0
2026 Q1 14,815 0 0 0.0
2025 Q4 13,305 2 0 150.3
2025 Q3 14,309 0 0 0.0
2025 Q2 14,040 0 0 0.0
2025 Q1 14,324 0 0 0.0
2024 Q4 12,989 0 0 0.0
2024 Q3 13,327 0 0 0.0
Show 61 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 15,504 2 0 129.0
2024 Q1 12,826 0 0 0.0
2023 Q4 16,020 0 0 0.0
2023 Q3 14,873 0 0 0.0
2023 Q2 13,824 0 0 0.0
2023 Q1 14,163 0 0 0.0
2022 Q4 14,689 0 0 0.0
2022 Q3 13,963 0 0 0.0
2022 Q2 14,484 2 2 138.1
2022 Q1 14,402 0 0 0.0
2021 Q4 13,188 9 4 682.4
2021 Q3 13,728 0 0 0.0
2021 Q2 14,115 0 0 0.0
2021 Q1 14,573 2 0 137.2
2020 Q4 13,364 0 0 0.0
2020 Q3 13,957 0 0 0.0
2020 Q2 14,390 0 0 0.0
2020 Q1 14,541 0 0 0.0
2019 Q4 13,953 0 0 0.0
2019 Q3 14,519 0 0 0.0
2019 Q2 14,767 0 0 0.0
2019 Q1 15,227 0 0 0.0
2018 Q4 14,545 0 0 0.0
2018 Q3 14,260 2 2 140.3
2018 Q2 14,510 0 0 0.0
2018 Q1 13,294 0 0 0.0
2017 Q4 13,452 0 0 0.0
2017 Q3 13,359 0 0 0.0
2017 Q2 13,924 0 0 0.0
2017 Q1 11,930 0 0 0.0
2016 Q4 10,600 1 0 94.3
2016 Q3 10,367 0 0 0.0
2016 Q2 10,374 1 0 96.4
2016 Q1 10,516 0 0 0.0
2015 Q4 10,758 1 0 93.0
2015 Q3 9,723 0 0 0.0
2015 Q2 10,344 0 0 0.0
2015 Q1 11,619 0 0 0.0
2014 Q4 13,604 2 0 147.0
2014 Q3 13,248 0 0 0.0
2014 Q2 13,833 0 0 0.0
2014 Q1 11,660 0 0 0.0
2013 Q4 11,200 0 0 0.0
2013 Q3 8,781 0 0 0.0
2013 Q2 10,581 0 0 0.0
2013 Q1 9,755 0 0 0.0
2012 Q4 10,756 0 0 0.0
2012 Q3 13,101 0 0 0.0
2012 Q2 13,423 0 0 0.0
2012 Q1 13,191 0 0 0.0
2011 Q4 12,040 1 0 83.1
2011 Q3 12,640 0 0 0.0
2011 Q2 12,124 7 5 577.4
2011 Q1 10,595 0 0 0.0
2010 Q4 8,600 1 1 116.3
2010 Q3 8,837 0 0 0.0
2010 Q2 7,604 0 0 0.0
2010 Q1 5,753 2 1 347.6
2009 Q4 3,400 0 0 0.0
2009 Q3 3,360 0 0 0.0
2009 Q2 500 1 0 2000.0
No fatalities recorded at this mine.

Reportable incidents

15 on file

2025 · 3 incidents

September 16, 2025 WY · Metal/Non-Metal utility man, shift tech, service/dump truck operator SLIP OR FALL OF PERSON
Wyo-Ben Inc · Fall to the walkway or working surface

Slick conditions on railcars because of the dew. EE was closing lids on top of the bulk car. EE was wearing fall protection. EE slipped and fell while closing lids. EE slipped and fell on top of the bulk car. EE broke their wrist while putting their hand down to catch themselves.

July 29, 2025 WY · Metal/Non-Metal utility man, shift tech, service/dump truck operator HANDLING OF MATERIALS
Wyo-Ben Inc · Caught in, under or between a moving and a stationary object

EE dumped a portable dumping hopper. EE was returning the dumping hopper to its upright position. EE had hand in a pinch area. While pushing down on the top edge of the hopper EE's hand/fingers were pinched between hopper and forklift load backrest . X-ray was negative. EE was put on restrictive duty by medical professional.

January 3, 2025 WY · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Wyo-Ben Inc · Over-exertion (Not Elsewhere Classified)

EE was cleaning the feed chute. EE repetitively struck and scraped the bentonite off the bottom of the chute. After performing the task EE felt pain in the right hand and wrist. EE did not seek medical attention at the time. EE sought medical attention on 1/21/25. EE was put on restrictive duty on 1/21/25. The diagnosis is possible tendinitis in the right wrist.

2023 · 2 incidents

November 26, 2023 WY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Wyo-Ben Inc · Over-exertion in lifting objects

Employee was lifting a bulk railcar lid. While lifting the lid the employee felt a pop by EE's elbow. The employee tore a bicep tendon.

February 27, 2023 WY · Metal/Non-Metal car trimmer, car loader, bin puller, truck loader HANDTOOLS (NONPOWERED)
Wyo-Ben Inc · Fall onto or against objects

Employee was trying to operate a rail switch. The rail switch was not operating correctly. Employee used a prybar to try and get more leverage to operate the switch. While pushing on the prybar the prybar slipped and the employee fell and hit their knee on the rail. The knee was swollen and bruised.

2021 · 1 incident

January 16, 2021 WY · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Wyo-Ben Inc · Over-exertion (Not Elsewhere Classified)

The employee performed an act of horse play. The employee jumped and when the employee came back down the left foot was injured. The injury consisted of a sprained left ankle and fifth metatarsal fracture.

2018 · 1 incident

January 8, 2018 WY · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator OTHER
Wyo-Ben Inc · Bodily reaction, (Not Elsewhere Classified)

EE was cleaning mud from around the diverter in the elevator. EE was lying on EE's stomach on the catwalk and reaching down into a small access door. After EE had cleaned out the mud EE started backing away from the elevator while still on EE's stomach. While doing so EE felt a pop in EE's back. EE stood up and had pain in EE's back. EE was diagnosed with a back strain.

2017 · 2 incidents

September 22, 2017 WY · Metal/Non-Metal utility man, shift tech, service/dump truck operator POWERED HAULAGE
Wyo-Ben Inc · Struck against a moving object

EE was backing down the grizzly ramp. The loader proceeded to powerslide and came to a halt at the bottom of the ramp. At that time, EE felt a "pop" in EE's neck. At 9:00am EE reported feelings of "nausea and motion sickness" to the shift foreman. On 9/25/2017 EE was diagnosed with a neck injury.

May 1, 2017 WY · Metal/Non-Metal ball/rod/pebble/hand/limestone/dry mill operator, roller operator HANDLING OF MATERIALS
Wyo-Ben Inc · Caught in, under or between a moving and a stationary object

EE assisting with knife replacement on pugmill. When turning drive belt by hand to rotate shaft, addition of knives made it easier to turn and momentum easier. Finger was caught between belt and sheave resulting in a cut to ring finger.

2014 · 1 incident

October 23, 2014 WY · Metal/Non-Metal belt foreman, maintenance foreman, maintenance supervisor MACHINERY
Wyo-Ben Inc · Struck by... (Not Elsewhere Classified)

While using the impact wrench to take off a bolt that was holding the cutting edge in place on a loader he was holding the bolt up in the slot with his left index finger to keep the bolt from turning and it slipped down out of the slot while using the impact wrench letting the bolt spin cutting through his glove and also the pad of his left index finger.

2011 · 3 incidents

November 22, 2011 WY · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Wyo-Ben Inc · Over-exertion in lifting objects

Employee was shoveling material into a wheelbarrow and his back became sore. After shift pain increased. The next day employee reported the injury and was put on light duty.

April 26, 2011 WY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Wyo-Ben Inc · Struck by falling object

Employee was removing the bearing housing from the #1 mill fan and bumped the fan housing with pry bar causing dust to fall off of the fan housing and into his eye.

February 13, 2011 WY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Wyo-Ben Inc · Caught in, under or between a moving and a stationary object

The miner was putting a bump stop on a Grizzly Feeder when a clamp that was holding the metal pipe in place slipped smashing his right hand between the pipe and a concrete wall. His middle finger on his right hand was also cut and required three stitches.

2010 · 2 incidents

August 9, 2010 WY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator EXPLODING VESSELS UNDER PRESSURE
Wyo-Ben Inc · Struck by flying object

While ripping a stockpile the right front tire of the front end loader blew bending the fender on the right side of the loader up and breaking the right hand door on the cab of the loader. The glass from the door and air from the tire got in the eye of the loader operator.

March 17, 2010 WY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Wyo-Ben Inc · Struck by flying object

Employee was working on installation of dust collection on pug sealer and while using a hand grinder a metal particle went in the employee's eye. Employee was wearing safety glasses and a face shield at the time of the incident.