Mining Incidents

Newport: 1 recorded fatality Metal/Non-Metal

DTS Sands II LLC · Surface
Controlled by Jim Otteman
Bradford, Jackson County, AR  ·  Intermittent
MSHA Mine ID: 0301970

Newport has $84K in proposed MSHA penalties and $2K outstanding across 4 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Newport.

Fatalities
1
Total incidents
2
Years on record
2009–2011
Latest incident
Jul 2011
Compliance record
MSHA citations since 2009
90
citations
23
significant & substantial
$84,131
proposed penalties
$42,557
paid to date
51% of proposed penalties paid to date, a $41,574 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
40
inspections on record
637
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: 637 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Newport has $84K in proposed MSHA penalties and $2K outstanding across 4 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.
$84K
proposed penalties
$44K
current assessed
$43K
paid to date
$2K
outstanding
89 assessments are final orders; 4 contested dockets.
Of $65K in penalties contested before the Commission, $24K was upheld in final decisions.
As of the most recent assessment on 2025-11-25.
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.
25.8%
significant & substantial
14.6%
high negligence or reckless
25.8%
reasonably likely or greater
41.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.7% low, 78.7% moderate, 14.6% 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.
9 citations taken to the federal commission · 10% of citations on record
  • Settled 7 · 78%
  • Vacated or withdrawn 2 · 22%
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 2 decided S&S contests · industry: 79%
62%
Penalty reduction in decided contests
$65K proposed, $24K 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 2012-03-08.
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 2010-793M Settlement Gill 2011 $52K → $12K
CENT 2012-438M Settlement Lesnick 2012 $11K → $11K
CENT 2012-160M Settlement Lesnick 2012 $576 → $300
CENT 2012-439M Settlement Lesnick 2014 $568 → $568
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: 2021-03-30, 5 years ago
20%
of limit-tested samples over the exposure limit
13
samples
10
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz102 over
  • Respirable dust, <.1mg2
  • Nuisance dust, respirable, <1% Qtz1
Show the individual readings (13)
Date Contaminant Concentration Limit Conc / limit Occupation
2009-10-15 Quartz, respirable, >1% Qtz 0.28 0.19 1.47 Kiln/Dryer Operator
2009-08-24 Quartz, respirable, >1% Qtz 0.35 0.24 1.46 Utility Man
2021-03-30 Nuisance dust, respirable, <1% Qtz 0.21 10 0.02 Kiln/Dryer Operator
2021-03-30 Quartz, respirable, >1% Qtz 0.65 Kiln/Dryer Operator
2019-02-13 Respirable dust, <.1mg 0 Supervisor, Co. Official
2010-05-26 Quartz, respirable, >1% Qtz 0.13 0.48 0.27 Supervisor, Co. Official
2010-05-26 Quartz, respirable, >1% Qtz 0.19 0.58 0.33 Kiln/Dryer Operator
2010-05-26 Quartz, respirable, >1% Qtz 0.19 0.29 0.66 Front-end Loader Operator
2009-11-10 Quartz, respirable, >1% Qtz 0.16 0.92 0.17 Utility Man
2009-10-15 Quartz, respirable, >1% Qtz 0.13 0.32 0.41 Front-end Loader Operator
2009-10-15 Respirable dust, <.1mg 0 Utility Man
2009-08-24 Quartz, respirable, >1% Qtz 0.23 0.4 0.58 Crusher Oper/Worker
2009-08-24 Quartz, respirable, >1% Qtz 0.15 0.99 0.15 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.

Newport recorded 0.00 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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
Below average. The US metal and nonmetal mining average was 1.78 and the all-US-mining average was 2.12 cases per 100 workers.
In Arkansas, metal and nonmetal mining averaged 1.63 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
2022 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
2017 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 * 2.91 2.91 0.000
2010 * 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. Ozark Premium Sand LLC 2008 to 2017
  2. American Select Corp 2017 to 2025
  3. Konya Sands LLC 2025 to 2025
  4. Summit Sand & Aggregates LLC 2025 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 8
2025 6
2024 4
2023 9
2022 11
2021 10
2020 9
2019 7
2018 14
2017 10
2015 11
2014 17
2013 12
2012 19
2011 30
2010 17
2009 12
2008 5
Source: MSHA quarterly employment and production, updated weekly.

Newport sits in Jackson County, Arkansas, where the Census mining category is 0.0% 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.
Jackson County, Arkansas · Population 16,775
0.0%
Mining share of county employment
$41,215
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 3,680 0 0 0.0
2026 Q1 4,735 0 0 0.0
2025 Q4 3,543 6 0 1693.5
2025 Q3 3,333 3 1 900.1
2025 Q2 617 0 0 0.0
2024 Q2 406 0 0 0.0
2024 Q1 2,926 0 0 0.0
2023 Q4 3,136 3 1 956.6
Show 53 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q3 3,768 2 0 530.8
2023 Q2 4,334 0 0 0.0
2023 Q1 4,810 4 1 831.6
2022 Q4 4,748 0 0 0.0
2022 Q3 4,471 0 0 0.0
2022 Q2 5,599 6 2 1071.6
2022 Q1 6,791 0 0 0.0
2021 Q4 4,557 0 0 0.0
2021 Q3 4,574 0 0 0.0
2021 Q2 4,968 0 0 0.0
2021 Q1 2,667 4 0 1499.8
2020 Q2 2,962 0 0 0.0
2020 Q1 6,118 0 0 0.0
2019 Q4 2,610 0 0 0.0
2019 Q3 3,393 2 0 589.4
2019 Q2 4,708 0 0 0.0
2019 Q1 4,018 1 0 248.9
2018 Q4 4,518 0 0 0.0
2018 Q3 8,955 0 0 0.0
2018 Q2 10,853 0 0 0.0
2018 Q1 8,884 2 0 225.1
2017 Q4 8,176 0 0 0.0
2017 Q3 8,547 0 0 0.0
2017 Q2 5,478 2 0 365.1
2017 Q1 2,996 0 0 0.0
2015 Q3 4,966 0 0 0.0
2015 Q2 5,137 0 0 0.0
2015 Q1 9,373 1 0 106.7
2014 Q4 8,912 0 0 0.0
2014 Q3 12,084 2 0 165.5
2014 Q2 14,536 0 0 0.0
2014 Q1 8,403 0 0 0.0
2013 Q4 6,582 0 0 0.0
2013 Q3 8,324 0 0 0.0
2013 Q2 9,075 2 0 220.4
2013 Q1 871 0 0 0.0
2012 Q4 0 0 0
2012 Q3 11,130 0 0 0.0
2012 Q2 16,889 5 1 296.1
2012 Q1 26,802 4 0 149.2
2011 Q4 21,616 0 0 0.0
2011 Q3 22,276 11 4 493.8
2011 Q2 12,882 0 0 0.0
2011 Q1 12,018 4 2 332.8
2010 Q4 10,038 0 0 0.0
2010 Q3 8,957 0 0 0.0
2010 Q2 8,820 6 2 680.3
2010 Q1 6,024 0 0 0.0
2009 Q4 6,602 6 2 908.8
2009 Q3 8,066 8 3 991.8
2009 Q2 6,705 0 0 0.0
2009 Q1 6,838 0 0 0.0
2008 Q3 2,367 0 0 0.0

Fatalities at this mine

1 recorded
September 15, 2009 AR · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · POWERED HAULAGE
Ozark Premium Sand LLC · Caught in, under or between a moving and a stationary object

The victim was attempting to deliver an overnite package. She got out of her truck, began walking toward the loader as the operator was backing in her direction to take delivery at the truck as usual. She had never left the truck before. She walked in the blind side(left rear)of the loader and was not seen. She was struck & run over by both left side tires causing fatal injuries.

Reportable incidents

1 on file (excluding fatalities above)

2011 · 1 incident

July 9, 2011 AR · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Ozark Premium Sand LLC · Struck by... (Not Elsewhere Classified)

Injured was working to unclog a waste line coming from the hydrosizer, when line became lodged in the sand in work area without notice. The pressure on the line then kicked the polly pipe line back and struck the person in the back of the knee. The injured had a torn tendon in his knee and has returned to work.