Mining Incidents

LUMMI ISLAND QUARRY: 192 MSHA citations Metal/Non-Metal

Aggregates West Inc · Surface
Controlled by David Grainger
LUMMI, Whatcom County, WA  ·  Abandoned
MSHA Mine ID: 4503187

LUMMI ISLAND QUARRY has $95K in proposed MSHA penalties and $418 outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
1993–2010
Latest incident
Jan 2010
Compliance record
MSHA citations since 2000
192
citations
55
significant & substantial
$94,899
proposed penalties
$74,056
paid to date
78% of proposed penalties paid to date, a $20,843 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
46
inspections on record
942
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: 942 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

LUMMI ISLAND QUARRY has $95K in proposed MSHA penalties and $418 outstanding across 9 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.
$95K
proposed penalties
$74K
current assessed
$74K
paid to date
$418
outstanding
191 assessments are final orders; 9 contested dockets.
Of $52K in penalties contested before the Commission, $28K was upheld in final decisions.
As of the most recent assessment on 2014-04-01.
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.
28.8%
significant & substantial
5.2%
high negligence or reckless
28.8%
reasonably likely or greater
64.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 10.5% low, 84.3% moderate, 5.2% 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.
51 citations taken to the federal commission · 27% of citations on record
  • Settled 38 · 75%
  • Stood as issued 8 · 16%
  • Vacated or withdrawn 5 · 10%
78%
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 23 decided S&S contests · industry: 79%
47%
Penalty reduction in decided contests
$50K proposed, $26K 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 2010-09-28.
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 2004-37-M Settlement Barbour 2004 $27K → $12K
WEST 2009-283M Settlement Lesnick 2010 $9K → $6K
WEST 2010-1894M Settlement Lesnick 2011 $6K → $3K
WEST 2010-74M Settlement Lesnick 2011 $3K → $3K
WEST20010529M Settlement Barbour 2001 $2K → $2K
WEST 2010-1456M Vacate 2010 $2K → $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: 2009-11-04, 16 years ago
25%
of limit-tested samples over the exposure limit
15
samples
8
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz72 over
  • Respirable dust, <.1mg6
  • Copper fumes1
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (15)
Date Contaminant Concentration Limit Conc / limit Occupation
2009-07-08 Quartz, respirable, >1% Qtz 1.08 0.77 1.40 Cleanup Man
2002-07-23 Quartz, respirable, >1% Qtz 0.77 0.49 1.57 Crusher Oper/Worker
2009-11-04 Quartz, respirable, >1% Qtz 0.16 0.85 0.19 Cleanup Man
2009-11-04 Quartz, respirable, >1% Qtz 0.27 0.92 0.29 Cleanup Man
2009-07-08 Unlisted Particulate, respirable, <1% Qtz 0.28 Front-end Loader Operator
2004-02-19 Respirable dust, <.1mg 0 Mechanic
2004-02-19 Quartz, respirable, >1% Qtz 0.35 1.21 0.29 Crusher Oper/Worker
2004-02-19 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-02-19 Respirable dust, <.1mg 0 Laborer, Bullgang
2003-01-15 Respirable dust, <.1mg 0 Shovel Operator
2003-01-15 Quartz, respirable, >1% Qtz 0.12 1.12 0.11 Front-end Loader Operator
2003-01-15 Respirable dust, <.1mg 0 Crusher Oper/Worker
2002-07-23 Quartz, respirable, >1% Qtz 0.45 0.6 0.75 Cleanup Man
2002-07-23 Copper fumes 247.06 300 0.82 Welder, etc.
2002-02-26 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.

LUMMI ISLAND QUARRY recorded 6.59 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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.
6.59
total case rate
6.59
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 3.15 and the all-US-mining average was 3.61 cases per 100 workers.
In Washington, metal and nonmetal mining averaged 4.06 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
2008 * 6.59 6.59 0.000
2007 * 6.72 0.00 0.000
2006 * 5.86 5.86 0.000
2005 * 0.00 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. Jij Construction Company Inc 1989 to 1991
  2. Rivera & Green Inc 1991 to 1991
  3. Ace Rock LLC 1991 to 2004
  4. Aggregates West Inc 2004 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2014 1
2013 3
2012 6
2011 8
2010 9
2009 11
2008 18
2007 17
2006 18
2005 12
2004 9
2003 6
2002 8
2001 8
2000 8
Source: MSHA quarterly employment and production, updated weekly.

LUMMI ISLAND QUARRY sits in Whatcom County, Washington, where the Census mining category is 0.4% 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.
Whatcom County, Washington · Population 228,432
0.4%
Mining share of county employment
$80,989
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
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 75 1 0 13333.3
2014 Q1 688 0 0 0.0
2013 Q4 1,393 0 0 0.0
2013 Q3 0 0 0
2013 Q2 1,054 1 0 948.8
2013 Q1 1,096 4 1 3649.6
Show 52 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q4 2,023 0 0 0.0
2012 Q3 2,271 4 1 1761.3
2012 Q2 2,809 0 0 0.0
2012 Q1 2,368 4 1 1689.2
2011 Q4 4,089 0 0 0.0
2011 Q3 4,465 3 0 671.9
2011 Q2 3,435 0 0 0.0
2011 Q1 3,724 7 1 1879.7
2010 Q4 4,306 0 0 0.0
2010 Q3 4,993 3 1 600.8
2010 Q2 4,358 0 0 0.0
2010 Q1 4,914 15 5 3052.5
2009 Q4 4,105 8 2 1948.8
2009 Q3 4,069 8 4 1966.1
2009 Q2 5,330 0 0 0.0
2009 Q1 5,747 1 0 174.0
2008 Q4 6,418 5 0 779.1
2008 Q3 8,817 19 4 2154.9
2008 Q2 8,124 0 0 0.0
2008 Q1 7,001 8 2 1142.7
2007 Q4 6,351 0 0 0.0
2007 Q3 7,931 4 2 504.4
2007 Q2 7,332 0 0 0.0
2007 Q1 8,148 12 3 1472.8
2006 Q4 8,776 0 0 0.0
2006 Q3 9,344 0 0 0.0
2006 Q2 7,427 4 3 538.6
2006 Q1 8,591 0 0 0.0
2005 Q4 6,269 8 2 1276.1
2005 Q3 5,794 0 0 0.0
2005 Q2 5,106 2 0 391.7
2005 Q1 4,307 2 0 464.4
2004 Q4 4,980 0 0 0.0
2004 Q3 4,065 2 0 492.0
2004 Q2 3,234 0 0 0.0
2004 Q1 2,752 3 0 1090.1
2003 Q4 1,297 0 0 0.0
2003 Q3 2,837 0 0 0.0
2003 Q2 1,515 0 0 0.0
2003 Q1 2,743 2 0 729.1
2002 Q4 2,742 1 1 364.7
2002 Q3 3,656 8 2 2188.2
2002 Q2 3,403 8 8 2350.9
2002 Q1 3,680 19 7 5163.0
2001 Q4 3,050 0 0 0.0
2001 Q3 4,254 0 0 0.0
2001 Q2 3,558 9 3 2529.5
2001 Q1 4,365 0 0 0.0
2000 Q4 3,794 0 0 0.0
2000 Q3 3,538 15 2 4239.7
2000 Q2 3,022 0 0 0.0
2000 Q1 4,771 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

12 on file

2010 · 1 incident

January 29, 2010 WA · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator FALLING/SLIDING/ROLLING MATERIALS
Aggregates West Inc · Fall to the walkway or working surface

After following proper lock out tag out procedures, EE went to complete the task of dislodging a rock from the under belt conveyor of the Minyu jaw. While not visible from walkway approaches, a few pieces of material had worked to the edge of the feeder. While attempting to remove the rock, a rock from above struck hardhat of EE causing him to fall to the ground.

2008 · 1 incident

2007 · 1 incident

March 12, 2007 WA · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Aggregates West Inc · Struck by... (Not Elsewhere Classified)

Employee was hit in the chin by a cable when he attempted to jump over it, but instead stepped on the cable as it was being tightened. Employee went to the doctor for some stitches and then went back to work for the rest of the day.

2006 · 1 incident

July 25, 2006 WA · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Aggregates West Inc · Caught in, under or between running or meshing objects

Employee was repairing roller belts. Hand was drawn in and pressed between roller and conveyor belt.

2002 · 2 incidents

March 12, 2002 WA · Metal/Non-Metal mine manager, mine foreman, mine owner SLIP OR FALL OF PERSON
Ace Rock LLC · Fall from machine

IT WAS WET & HIS BOOTS WERE MUDDY SO HE SLIPPED ON HIS WAY DOWN FROM THE EQUIPMENT & LANDED ON HIS LEG WRONG.

February 5, 2002 WA · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POISONING (TOXIC MATERIALS)
Ace Rock LLC · Absorption of radiations, caustics, toxic and noxious substances

THERE WAS DIESEL FUMES LEAK FROM FUEL LINE. THE EE OPERATED THE PIECE OF EQUIPMENT ALL BEFORE SAYING ANYTHING.

2001 · 1 incident

March 7, 2001 WA · Metal/Non-Metal mine manager, mine foreman, mine owner SLIP OR FALL OF PERSON
Ace Rock LLC · Over-exertion (Not Elsewhere Classified)

WHEN GETTING OUT OF A CAT 235 EXCAVATOR, EE STEPPED ON TRACKS AND SLIPPED FROM THE WETNESS. HE CAUGHT HIMSELF BY REACHING HIS RIGHT ARM OVER HIS HEAD AND GRABBING THE MACHINE. THIS PULLED THE TENDONS IN HIS RIGHT SHOULDER.

2000 · 1 incident

December 1, 2000 WA · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Ace Rock LLC · Struck by flying object

EE WAS GRINDING ON A LOADER BUCKET WEARING SAFETY GLASSES AND A PIECE OF METAL GOT IN HIS EYE. HE HAD IT TAKEN OUT AND SEEMS OK.

1999 · 3 incidents

November 26, 1999 WA · Metal/Non-Metal drill operator MACHINERY
Ace Rock LLC · Caught in, under or between (Not Elsewhere Classified)

SETTING UP DRILL TO MOVE INTO DRILL A HOLE OVER HARD ROCK KNOBS, GOT OFF OPERATING PLATFORM TO OBSERVE RIGHT TRACK WHILE TRACKING AHEAD TO STRAIGHTEN DRILL OUT. TRACKED AHEAD AND LEFT TRACK RA N OVER LEFT SIDE OF LEFT FOOT, CRUSHING BIG TOE AND TWO TOES NEXT TO IT ALMOST SEVERING TOE NEXT TO BIG TOE. NO BONE BROKEN MOSTLY TISSUE DAMAGE.

August 4, 1999 WA · Metal/Non-Metal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
Ace Rock LLC · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS HANGING ON TO HANDRAIL OF 235 EXCAVATOR WITH LEFT HAND, SWINGING A FIVE GALLON CAN OF WATER ONTO ENGINE COMPARTMENT WITH RIGHT HANDWHEN HE FELT A SLIGHT POPPING AND SHARP PAIN IN LOWER LEFT PART OF NECK AND UPPER RIGHT PORTION OF HIS LEFT SHOULDER. PAIN INCREASED THAT EVENING AND IS CONTINUING.

March 25, 1999 WA · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Ace Rock LLC · Caught in, under or between a moving and a stationary object

RIGHT CAST FINGER CRUSHED BETWEEN BARGE AND DOLPHIN.

1993 · 1 incident

June 22, 1993 WA · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Ace Rock LLC · Over-exertion in pulling or pushing objects

PULLING WRENCH, STRAINED SHOULDER AND CHEST. IMPAIRMENT - NONE.