Mining Incidents

Mitchell Pit: 17 MSHA citations Metal/Non-Metal

Controlled by Leah Kembel
Scottsbluff, Scotts Bluff County, NE  ·  Abandoned
MSHA Mine ID: 2501113

Mitchell Pit has $3K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
1995–2004
Latest incident
Mar 2004
Compliance record
MSHA citations since 2004
17
citations
5
significant & substantial
$2,729
proposed penalties
$2,446
paid to date
90% of proposed penalties paid to date, a $283 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
19
inspections on record
202
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: 202 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Mitchell Pit has $3K in proposed MSHA penalties and $0 outstanding across 2 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.
$3K
proposed penalties
$2K
current assessed
$2K
paid to date
$0
outstanding
15 assessments are final orders; 2 contested dockets.
Of $1K in penalties contested before the Commission, $917 was upheld in final decisions.
As of the most recent assessment on 2010-07-26.
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
33.3%
high negligence or reckless
33.3%
reasonably likely or greater
60.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.3% low, 53.3% moderate, 33.3% 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.
2 citations taken to the federal commission · 12% of citations on record
  • Settled 1 · 50%
  • Stood as issued 1 · 50%
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 1 decided S&S contests · industry: 79%
24%
Penalty reduction in decided contests
$1K proposed, $917 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 2011-04-12.
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 2011-627M Default Lesnick 2011 $600 → $600
CENT 2011-628M Settlement Tureck 2011 $600 → $317
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Kembel Sand & Gravel 1989 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2012 0
2011 4
2010 4
2009 2
2008 1
2007 3
2006 2
2005 2
2004 3
2003 2
2002 2
2001 1
2000 2
Source: MSHA quarterly employment and production, updated weekly.

Mitchell Pit sits in Scotts Bluff County, Nebraska, where the Census mining category is 0.1% 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.
Scotts Bluff County, Nebraska · Population 35,937
0.1%
Mining share of county employment
$60,960
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
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 339 0 0 0.0
2011 Q3 1,112 0 0 0.0
2011 Q2 1,300 0 0 0.0
2011 Q1 120 0 0 0.0
2010 Q4 418 0 0 0.0
2010 Q3 890 7 2 7865.2
Show 42 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q2 48 0 0 0.0
2010 Q1 64 0 0 0.0
2009 Q4 18 0 0 0.0
2009 Q3 1 2 0 2000000.0
2009 Q2 17 3 2 176470.6
2009 Q1 0 0 0
2008 Q4 0 0 0
2008 Q3 0 0 0
2008 Q2 1 0 0 0.0
2008 Q1 3 0 0 0.0
2007 Q4 258 0 0 0.0
2007 Q3 648 0 0 0.0
2007 Q2 1,286 0 0 0.0
2007 Q1 330 0 0 0.0
2006 Q4 3 0 0 0.0
2006 Q3 647 0 0 0.0
2006 Q2 1,404 3 1 2136.8
2006 Q1 949 0 0 0.0
2005 Q4 396 0 0 0.0
2005 Q3 288 0 0 0.0
2005 Q2 300 0 0 0.0
2005 Q1 23 0 0 0.0
2004 Q4 71 0 0 0.0
2004 Q3 767 0 0 0.0
2004 Q2 1,250 2 0 1600.0
2004 Q1 316 0 0 0.0
2003 Q4 1 0 0 0.0
2003 Q3 0 0 0
2003 Q2 73 0 0 0.0
2003 Q1 18 0 0 0.0
2002 Q4 247 0 0 0.0
2002 Q3 232 0 0 0.0
2002 Q2 786 0 0 0.0
2002 Q1 824 0 0 0.0
2001 Q4 104 0 0 0.0
2001 Q3 188 0 0 0.0
2001 Q2 0 0 0
2001 Q1 0 0 0
2000 Q4 220 0 0 0.0
2000 Q3 210 0 0 0.0
2000 Q2 0 0 0
2000 Q1 396 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2004 · 1 incident

March 22, 2004 NE · Metal/Non-Metal pumper HANDTOOLS (NONPOWERED)
Kembel Sand & Gravel · Struck by... (Not Elsewhere Classified)

EE WAS USING WRENCH THAT WAS TOO LARGE. THE WRENCH SLIPPED & HIT HIM IN HEAD CAUSING LACERATION ABOVE EYE.

1996 · 1 incident

September 9, 1996 NE · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Kembel Sand & Gravel · Caught in, under or between (Not Elsewhere Classified)

EMPLOYEE CAUGHT GLOVE IN WINCH ON GRAVELL PUMP. PULLED FINGER INTO WINCH, CHIPPED BONE AND STITCHES.

1995 · 1 incident