Mining Incidents
Search Operators Mines Alerts Research Controllers Fatalgrams About
Countries
Peru Chile
English Español
← Back to search

Marion Pit: 156 MSHA citations Metal/Non-Metal

Controlled by Gregory Johnson
Marion, Mcdowell County, NC  ·  Intermittent
MSHA Mine ID: 3101230

Marion Pit has $57K in proposed MSHA penalties and $0 outstanding across 7 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Marion Pit.

Fatalities
0
Total incidents
21
Years on record
1987–2023
Latest incident
Aug 2023
Compliance record
MSHA citations since 2000
156
citations
52
significant & substantial
$57,269
proposed penalties
$36,571
paid to date
64% of proposed penalties paid to date, a $20,698 gap.
Source: MSHA violations data, updated weekly.
See Johnson Paving Company Inc's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
64
inspections on record
1,045
inspection hours
14.9
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.
156 citations across 1,045 inspection hours.
Source: MSHA inspections data, updated weekly.

Marion Pit has $57K in proposed MSHA penalties and $0 outstanding across 7 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.
$57K
proposed penalties
$37K
current assessed
$37K
paid to date
$0
outstanding
154 assessments are final orders; 7 contested dockets.
Of $36K in penalties contested before the Commission, $16K was upheld in final decisions.
As of the most recent assessment on 2024-11-25.
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.
33.3%
significant & substantial
10.9%
high negligence or reckless
33.3%
reasonably likely or greater
62.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.8% low, 85.3% moderate, 10.9% 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.
35 citations taken to the federal commission · 22% of citations on record
  • Settled 20 · 57%
  • Stood as issued 10 · 29%
  • Vacated or withdrawn 5 · 14%
73%
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 22 decided S&S contests · industry: 79%
60%
Penalty reduction in decided contests
$42K proposed, $17K 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 2013-06-14.
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
SE 2007-128M Prevail Barbour 2009 $13K → $3K
SE 2012-338M Settlement McCarthy 2013 $10K → $5K
SE 2012-116M Settlement McCarthy 2013 $5K → $890
SE 2010-56M Default Lesnick 2011 $4K → $4K
SE 2012-339M Settlement McCarthy 2013 $3K → $2K
SE 2008-914M Settlement Lesnick 2009 $427 → $427
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: 2023-08-30, 3 years ago
11%
of limit-tested samples over the exposure limit
24
samples
9
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz91 over
  • Respirable dust, <.1mg12
  • Unlisted Particulate, respirable, <1% Qtz3
Show the individual readings (24)
Date Contaminant Concentration Limit Conc / limit Occupation
2002-05-30 Quartz, respirable, >1% Qtz 0.57 0.57 1.00 Crusher Oper/Worker
2023-08-30 Respirable dust, <.1mg 0 Front-end Loader Operator
2023-08-30 Respirable dust, <.1mg 0 Scale Man
2016-05-11 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2016-05-11 Unlisted Particulate, respirable, <1% Qtz 0.28 Front-end Loader Operator
2016-05-11 Respirable dust, <.1mg 0 Laborer, Bullgang
2015-07-14 Respirable dust, <.1mg 0 Front-end Loader Operator
2009-03-25 Unlisted Particulate, respirable, <1% Qtz 0.12 Mechanic
2009-03-25 Unlisted Particulate, respirable, <1% Qtz 0.45 Supervisor, Co. Official
2009-03-25 Respirable dust, <.1mg 0 Front-end Loader Operator
2009-03-25 Respirable dust, <.1mg 0 Cleanup Man
2007-06-21 Quartz, respirable, >1% Qtz 0.23 0.45 0.51 Crusher Oper/Worker
2007-06-21 Quartz, respirable, >1% Qtz 0.19 0.65 0.29 Utility Man
2005-02-10 Respirable dust, <.1mg 0 Crusher Oper/Worker
2005-02-10 Quartz, respirable, >1% Qtz 0.18 0.71 0.25 Cleanup Man
2005-02-10 Respirable dust, <.1mg 0 Truck Driver
2003-03-25 Respirable dust, <.1mg 0 Front-end Loader Operator
2003-03-25 Quartz, respirable, >1% Qtz 0.12 0.62 0.19 Truck Driver
2003-03-25 Quartz, respirable, >1% Qtz 0.12 0.6 0.20 Truck Driver
2003-03-25 Respirable dust, <.1mg 0 Backhoe Operator
2003-03-25 Quartz, respirable, >1% Qtz 0.35 0.56 0.63 Crusher Oper/Worker
2002-05-30 Quartz, respirable, >1% Qtz 0.13 0.49 0.27 Shovel Operator
2002-05-30 Quartz, respirable, >1% Qtz 0.18 1.08 0.17 Truck Driver
2000-08-22 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.

Marion Pit recorded 0.00 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
ⓘ 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 2.56 and the all-US-mining average was 3.08 cases per 100 workers.
In North Carolina, metal and nonmetal mining averaged 1.69 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
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2006 * 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. Johnson Paving Company Inc 1950 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 0
2025 3
2024 3
2023 2
2022 5
2021 6
2020 5
2019 8
2018 10
2017 7
2016 7
2015 4
2014 5
2013 7
2012 8
2011 10
2010 11
2009 10
2008 8
2007 9
2006 11
2005 10
2004 11
2003 10
2002 10
2001 8
2000 9
Source: MSHA quarterly employment and production, updated weekly.

Marion Pit sits in McDowell County, North Carolina, where the Census mining category is 0.5% 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.
McDowell County, North Carolina · Population 44,679
0.5%
Mining share of county employment
$55,527
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 0 0 0
2026 Q1 0 0 0
2025 Q4 0 0 0
2025 Q3 137 0 0 0.0
2025 Q2 152 0 0 0.0
2025 Q1 107 0 0 0.0
2024 Q4 0 2 0
2024 Q3 9 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 50 0 0 0.0
2024 Q1 448 0 0 0.0
2023 Q4 0 0 0
2023 Q3 9 0 0 0.0
2023 Q2 8 0 0 0.0
2023 Q1 131 1 0 7633.6
2022 Q4 24 0 0 0.0
2022 Q3 51 0 0 0.0
2022 Q2 21 0 0 0.0
2022 Q1 133 9 2 67669.2
2021 Q4 30 0 0 0.0
2021 Q3 52 0 0 0.0
2021 Q2 460 0 0 0.0
2021 Q1 523 3 3 5736.1
2020 Q4 146 0 0 0.0
2020 Q3 0 0 0
2020 Q2 95 0 0 0.0
2020 Q1 608 0 0 0.0
2019 Q4 247 3 1 12145.7
2019 Q3 199 0 0 0.0
2019 Q2 299 0 0 0.0
2019 Q1 843 0 0 0.0
2018 Q4 234 2 1 8547.0
2018 Q3 426 0 0 0.0
2018 Q2 552 0 0 0.0
2018 Q1 1,130 0 0 0.0
2017 Q4 166 1 0 6024.1
2017 Q3 188 0 0 0.0
2017 Q2 575 0 0 0.0
2017 Q1 1,672 0 0 0.0
2016 Q4 299 1 1 3344.5
2016 Q3 355 0 0 0.0
2016 Q2 329 1 0 3039.5
2016 Q1 756 0 0 0.0
2015 Q4 528 0 0 0.0
2015 Q3 1,509 3 0 1988.1
2015 Q2 1,710 0 0 0.0
2015 Q1 1,195 2 0 1673.6
2014 Q4 1,275 0 0 0.0
2014 Q3 1,661 0 0 0.0
2014 Q2 2,947 2 1 678.7
2014 Q1 2,936 0 0 0.0
2013 Q4 3,241 3 0 925.6
2013 Q3 2,791 0 0 0.0
2013 Q2 3,191 0 0 0.0
2013 Q1 2,068 1 0 483.6
2012 Q4 2,068 0 0 0.0
2012 Q3 4,537 0 0 0.0
2012 Q2 4,870 1 0 205.3
2012 Q1 3,415 0 0 0.0
2011 Q4 5,237 0 0 0.0
2011 Q3 4,994 11 4 2202.6
2011 Q2 5,556 0 0 0.0
2011 Q1 4,843 1 1 206.5
2010 Q4 5,607 0 0 0.0
2010 Q3 5,506 0 0 0.0
2010 Q2 6,141 2 2 325.7
2010 Q1 5,043 1 0 198.3
2009 Q4 4,527 0 0 0.0
2009 Q3 3,351 9 5 2685.8
2009 Q2 4,891 0 0 0.0
2009 Q1 3,617 5 2 1382.4
2008 Q4 2,960 0 0 0.0
2008 Q3 4,339 0 0 0.0
2008 Q2 5,307 5 2 942.2
2008 Q1 4,432 3 1 676.9
2007 Q4 3,743 0 0 0.0
2007 Q3 5,496 0 0 0.0
2007 Q2 4,845 7 2 1444.8
2007 Q1 5,425 0 0 0.0
2006 Q4 5,426 0 0 0.0
2006 Q3 6,337 42 17 6627.7
2006 Q2 5,526 0 0 0.0
2006 Q1 4,435 0 0 0.0
2005 Q4 5,057 0 0 0.0
2005 Q3 5,712 0 0 0.0
2005 Q2 4,962 0 0 0.0
2005 Q1 3,833 0 0 0.0
2004 Q4 4,035 6 2 1487.0
2004 Q3 5,207 0 0 0.0
2004 Q2 4,484 1 0 223.0
2004 Q1 3,658 0 0 0.0
2003 Q4 3,216 4 2 1243.8
2003 Q3 4,278 0 0 0.0
2003 Q2 3,862 0 0 0.0
2003 Q1 3,451 3 0 869.3
2002 Q4 3,308 0 0 0.0
2002 Q3 4,062 0 0 0.0
2002 Q2 3,791 3 1 791.3
2002 Q1 3,857 0 0 0.0
2001 Q4 4,112 0 0 0.0
2001 Q3 3,798 0 0 0.0
2001 Q2 3,170 6 1 1892.7
2001 Q1 3,203 0 0 0.0
2000 Q4 2,252 0 0 0.0
2000 Q3 3,244 12 1 3699.1
2000 Q2 3,872 0 0 0.0
2000 Q1 3,409 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

21 on file

2023 · 1 incident

August 18, 2023 NC · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Johnson Paving Company Inc · Fall from machine

Driver was getting out of the truck. EE's hand slipped off the handle on outside of truck causing EE to fall to the ground on EE's hip.

2016 · 1 incident

August 22, 2016 NC · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Johnson Paving Company Inc · Caught in, under or between running or meshing objects

Employee was working at cone return belt, removing sticks. The tighten loop on work glove got caught on lacings on the belt and jerked hand across the troughing idler. The jerking motion caused a strain of wrist and hand.

2014 · 1 incident

May 14, 2014 NC · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDTOOLS (NONPOWERED)
Johnson Paving Company Inc · Struck by... (Not Elsewhere Classified)

Was a domestic violence issue between husband & wife after hours. He was working on his personal car. She came to Johnson Paving and EE went into parking lot and approached her car. She began to shoot at him hitting his right hand. She is in county jail under $100,000 bond for assault with a deadly weapon with intent to kill.

2001 · 1 incident

April 30, 2001 NC · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Johnson Paving Company Inc · Caught in, under or between (Not Elsewhere Classified)

EE WAS TRYING TO LOOSEN A NUT AND MASHED HIS FINGER IN BETWEEN WRENCH AND SIDE OF CRUSHER.

1999 · 1 incident

May 3, 1999 NC · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Johnson Paving Company Inc · Fall from machine

WAS STANDING ON THE EDGE OF ROCK CRUSHER, HE SLIPPED HIS FEET WENT OUT FROM UNDERNEATH HIM. HE SLID DOWN THE SIDE OF CRUSHER, TRIED TO REACH IRON BEAM AND FELL ABOUT 8' DOWN BELT.

1997 · 2 incidents

April 14, 1997 NC · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Johnson Paving Company Inc · Caught in, under or between (Not Elsewhere Classified)

WAS HELPING PUT IN A SCREEN, HAND GOT WEDGED BETWEEN SCREEN.

April 1, 1997 NC · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Johnson Paving Company Inc · Fall from machine

WAS GREASING CRUSHER AND FELL IN A HOLE BETWEEN CRUSHER AND RETURN BELT TO SHAKER.

1996 · 2 incidents

September 3, 1996 NC · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Johnson Paving Company Inc · Fall from machine

WAS STEPPING OUT OF TRUCK WHEN FOOT SLIPPED. WENT BEHIND STEP AND FUEL TANK AND FELL BACKWARDS.

February 22, 1996 NC · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Johnson Paving Company Inc · Fall from machine

WAS TRYING TO PRY ROCKS LOOSE, ROCKS BROKE FREE AND HE LOST HIS BALANCE AND TWISTED HIS BACK.

1993 · 3 incidents

May 21, 1993 NC · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Johnson Paving Company Inc · Struck by... (Not Elsewhere Classified)

WEDGING ROCK LOOSE, ROCK FELL PIECE OF ROCK FLEW UP AND HIT EYE.

March 12, 1993 NC · Metal/Non-Metal drill operator MACHINERY
Johnson Paving Company Inc · Caught in, under or between running or meshing objects

TEARING DOWN MACHINE TO MOVE TO NEXT HOLE, CAUGHT HAND ON CABLE. CABLE PULLED HAND INTO PULLEY. SEVERELY CUTTING HIS MIDDLE AND RING FINGER MASHING OTHER FINGERS.

January 8, 1993 NC · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Johnson Paving Company Inc · Fall from machine

WAS CLIMBING ON LOADER WHEN HE SLIPPED ON STEP AND BUSTED KNEE.

1992 · 3 incidents

September 10, 1992 NC · Metal/Non-Metal clerk, timekeeper, office worker, director of sales SLIP OR FALL OF PERSON
Johnson Paving Company Inc · Fall to lower level, (Not Elsewhere Classified)

WAS STEPPING UP ON PORCH AT OFFICE AND MISSED THE STEP AND FELL TRIED TO CATCH RAILING BUT MISSED IT AND FELL ON LEFT SIDE OF BODY.

July 30, 1992 NC · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Johnson Paving Company Inc · Caught in, under or between a moving and a stationary object

61206ORKING ON JAW CRUSHER WAS MOVING SOME ROCKS TO PRY LOOSE AND MASHED PINKY FINGER ON LEFT HAND.

July 17, 1992 NC · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY
Johnson Paving Company Inc · Struck by flying object

61206ORKING ON FEEDER TIOGT TO CONE CRUSHER WHEN PIECE OF SLAGE FLEW OFF & WENT INTO EYE

1991 · 2 incidents

August 13, 1991 NC · Metal/Non-Metal coal/ore shovel operator, shoveler, power shoveler MACHINERY
Johnson Paving Company Inc · Struck by flying object

WAS USING TORCH WHEN A PIECE OF RUSTY METAL FLEW UP IN LEFT EYE AND WAS STRUCK TO EYELID.

May 17, 1991 NC · Metal/Non-Metal belt foreman, maintenance foreman, maintenance supervisor HANDTOOLS (NONPOWERED)
Johnson Paving Company Inc · Struck by... (Not Elsewhere Classified)

WORKING IN JAW CRUSHER REMOVING WEDGE PLATES EYE BROKE OUT WHICH CHAIN HOIST WAS ATTACHED TO AND HIT LEFT ARM CAUSING LACERATION.

1990 · 3 incidents

August 18, 1990 NC · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Johnson Paving Company Inc · Over-exertion (Not Elsewhere Classified)

GETTING OFF LOADER AND STEPPED ON STEP,FEOOT SLIPPED AND TWISTED BACK.

July 27, 1990 NC · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Johnson Paving Company Inc · Contact with hot objects or substances

WELDING ON DRIVE SHAFT OF TRUCK,PIECE OF WELD FLEW UP AND WENT DOWN HIS EAR.

February 23, 1990 NC · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Johnson Paving Company Inc · Over-exertion in lifting objects

PICKING UP SEAT,BENT OVER,HURT BACK.

1987 · 1 incident

June 2, 1987 NC · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Johnson Paving Company Inc · Struck by flying object

WEDGING ROCK IN3CRUSHER WEDGE FLEW OUT ANDSTRUCK EMPL.