Mining Incidents

Nick Waycaster Stone Co.: 13 MSHA citations Metal/Non-Metal

Controlled by Nick Waycaster
Marion, Mcdowell County, NC  ·  Abandoned
MSHA Mine ID: 3101927

Nick Waycaster Stone Co. has $2K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
1990–1992
Latest incident
Jan 1992
Compliance record
MSHA citations since 2000
13
citations
5
significant & substantial
$2,026
proposed penalties
$1,932
paid to date
95% of proposed penalties paid to date, a $94 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
17
inspections on record
189
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: 189 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Nick Waycaster Stone Co. has $2K in proposed MSHA penalties and $0 outstanding across 1 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.
$2K
proposed penalties
$2K
current assessed
$2K
paid to date
$0
outstanding
13 assessments are final orders; 1 contested dockets.
Of $228 in penalties contested before the Commission, $134 was upheld in final decisions.
As of the most recent assessment on 2010-02-09.
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.
38.5%
significant & substantial
7.7%
high negligence or reckless
38.5%
reasonably likely or greater
69.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.7% low, 84.6% moderate, 7.7% 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 · 15% of citations on record
  • Settled 2 · 100%
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%
41%
Penalty reduction in decided contests
$228 proposed, $134 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 2004-12-17.
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 2005-42M Settlement Bulluck 2005 $228 → $134
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: 2004-10-21, 21 years ago
40%
of limit-tested samples over the exposure limit
6
samples
5
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz52 over
  • Respirable dust, <.1mg1
Show the individual readings (6)
Date Contaminant Concentration Limit Conc / limit Occupation
2004-05-18 Quartz, respirable, >1% Qtz 0.54 0.27 2.00 Stone Polisher/Cutter
2004-05-18 Quartz, respirable, >1% Qtz 0.44 0.23 1.91 Stone Polisher/Cutter
2004-10-21 Respirable dust, <.1mg 0 Stone Polisher/Cutter
2004-10-21 Quartz, respirable, >1% Qtz 0.12 0.52 0.23 Stone Polisher/Cutter
2004-08-03 Quartz, respirable, >1% Qtz 0.13 0.43 0.30 Stone Polisher/Cutter
2004-08-03 Quartz, respirable, >1% Qtz 0.19 0.39 0.49 Stone Polisher/Cutter
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.
Ownership history
  1. Nick Waycaster Stone 1981 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2010 4
2009 7
2008 7
2007 7
2006 7
2005 6
2004 6
2003 6
2002 7
2001 9
2000 10
Source: MSHA quarterly employment and production, updated weekly.

Nick Waycaster Stone Co. 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
2010 Q4 376 0 0 0.0
2010 Q3 2,460 0 0 0.0
2010 Q2 2,880 0 0 0.0
2010 Q1 960 1 1 1041.7
2009 Q4 3,840 0 0 0.0
2009 Q3 3,360 0 0 0.0
2009 Q2 3,840 0 0 0.0
2009 Q1 2,304 0 0 0.0
Show 36 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q4 3,520 1 0 284.1
2008 Q3 3,360 0 0 0.0
2008 Q2 3,360 0 0 0.0
2008 Q1 3,360 1 0 297.6
2007 Q4 3,360 0 0 0.0
2007 Q3 3,840 1 0 260.4
2007 Q2 3,360 0 0 0.0
2007 Q1 3,360 0 0 0.0
2006 Q4 3,360 0 0 0.0
2006 Q3 3,360 0 0 0.0
2006 Q2 3,360 0 0 0.0
2006 Q1 3,360 0 0 0.0
2005 Q4 2,880 0 0 0.0
2005 Q3 2,880 0 0 0.0
2005 Q2 3,360 0 0 0.0
2005 Q1 2,880 0 0 0.0
2004 Q4 1,680 0 0 0.0
2004 Q3 3,360 0 0 0.0
2004 Q2 2,880 2 2 694.4
2004 Q1 2,400 0 0 0.0
2003 Q4 3,040 0 0 0.0
2003 Q3 3,360 0 0 0.0
2003 Q2 2,880 0 0 0.0
2003 Q1 2,400 0 0 0.0
2002 Q4 2,400 0 0 0.0
2002 Q3 2,880 0 0 0.0
2002 Q2 3,840 0 0 0.0
2002 Q1 3,840 0 0 0.0
2001 Q4 4,320 1 1 231.5
2001 Q3 4,320 0 0 0.0
2001 Q2 4,320 0 0 0.0
2001 Q1 4,320 0 0 0.0
2000 Q4 1,960 0 0 0.0
2000 Q3 7,480 6 1 802.1
2000 Q2 2,876 0 0 0.0
2000 Q1 2,936 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

2 on file

1992 · 1 incident

January 21, 1992 NC · Metal/Non-Metal ledgeman/hand, quarry man HANDTOOLS (NONPOWERED)
Nick Waycaster Stone · Caught in, under or between (Not Elsewhere Classified)

LARGE ROCK STANDING ON ITS END PIPE 2 PEOPLE TRYING TO SPLIT TO BREAK IT DOWN WHEN ROCK BROKE BROKE TOWARD EE MASHING KNEE AGAINST LOADER BUCKET.

1990 · 1 incident

September 27, 1990 NC · Metal/Non-Metal ledgeman/hand, quarry man SLIP OR FALL OF PERSON
Nick Waycaster Stone · Fall to the walkway or working surface

DRILL STILL STUCK HAD WRENCH ON STEEL TURNING IT BACK OUT OF HOLE WHEN STEEL BROKE LOOSE TWISTING EE AND CAUSING HIM TO FALL.