Mining Incidents

OSHOTO MINE: 70 MSHA citations Metal/Non-Metal

Upton, Weston County, WY  ·  Intermittent
MSHA Mine ID: 4801376

OSHOTO MINE has $11K 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
7
Years on record
2003–2022
Latest incident
Feb 2022
Compliance record
MSHA citations since 2006
70
citations
8
significant & substantial
$11,433
proposed penalties
$11,411
paid to date
100% of proposed penalties paid to date, a $22 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
66
inspections on record
886
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: 886 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

OSHOTO MINE has $11K 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.
$11K
proposed penalties
$11K
current assessed
$11K
paid to date
$0
outstanding
70 assessments are final orders; 2 contested dockets.
Of $520 in penalties contested before the Commission, $498 was upheld in final decisions.
As of the most recent assessment on 2024-08-13.
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.
11.4%
significant & substantial
20.0%
high negligence or reckless
11.4%
reasonably likely or greater
31.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 12.9% low, 67.1% moderate, 20.0% 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.
4 citations taken to the federal commission · 6% of citations on record
  • Settled 4 · 100%
0%
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%
4%
Penalty reduction in decided contests
$520 proposed, $498 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 2022-12-28.
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 2023-0088 Settlement Manning 2023 $288 → $266
WEST 2017-0372 Settlement Lesnick 2017 $232 → $232
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: 2025-10-09
0%
of limit-tested samples over the exposure limit
21
samples
1
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg20
  • Quartz, respirable, >1% Qtz1
Show the individual readings (21)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-10-09 Respirable dust, <.1mg 0 Scraper Operator
2025-10-09 Respirable dust, <.1mg 0 Scraper Operator
2025-10-09 Respirable dust, <.1mg 0 Supervisor, Co. Official
2023-05-31 Respirable dust, <.1mg 0 Utility Man
2023-05-31 Respirable dust, <.1mg 0 Utility Man
2023-05-31 Respirable dust, <.1mg 0 Utility Man
2023-05-31 Respirable dust, <.1mg 0 Utility Man
2023-05-24 Respirable dust, <.1mg 0 Supervisor, Co. Official
2023-05-24 Respirable dust, <.1mg 0 Backhoe Operator
2023-05-24 Respirable dust, <.1mg 0 Truck Driver
2023-05-24 Respirable dust, <.1mg 0 Truck Driver
2020-09-03 Respirable dust, <.1mg 0 Scraper Operator
2020-09-03 Respirable dust, <.1mg 0 Tractor Operator
2020-09-03 Respirable dust, <.1mg 0 Scraper Operator
2017-06-28 Respirable dust, <.1mg 0 Tractor Operator
2017-06-28 Respirable dust, <.1mg 0 Bulldozer Operator
2017-06-28 Respirable dust, <.1mg 0 Scraper Operator
2011-03-16 Respirable dust, <.1mg 0 Scraper Operator
2011-03-16 Quartz, respirable, >1% Qtz 0.27 1.54 0.18 Scraper Operator
2011-03-16 Respirable dust, <.1mg 0 Bulldozer Operator
2006-07-12 Respirable dust, <.1mg 0 Scraper 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.
Ownership history
  1. Benton Clay Company 1982 to 1984
  2. Kaycee Bentonite Corp 1984 to 1986
  3. Black Hills Bentonite 1987 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 1
2025 3
2024 6
2023 5
2022 4
2021 6
2020 6
2019 5
2018 6
2017 6
2016 4
2015 3
2014 3
2013 3
2012 4
2011 4
2010 4
2009 4
2008 5
2007 4
2006 3
2005 2
2004 2
2003 3
2002 3
2001 1
2000 1
Source: MSHA quarterly employment and production, updated weekly.

OSHOTO MINE sits in Weston County, Wyoming, where the Census mining category is 14.4% 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.
Weston County, Wyoming · Population 6,835
14.4%
Mining share of county employment
$87,545
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 255 0 0 0.0
2026 Q1 427 0 0 0.0
2025 Q4 1,328 0 0 0.0
2025 Q3 2,286 0 0 0.0
2025 Q2 1,638 0 0 0.0
2025 Q1 1,695 0 0 0.0
2024 Q4 2,797 0 0 0.0
2024 Q3 2,897 3 1 1035.6
Show 96 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 2,888 0 0 0.0
2024 Q1 3,555 3 0 843.9
2023 Q4 2,952 0 0 0.0
2023 Q3 2,812 0 0 0.0
2023 Q2 2,999 5 0 1667.2
2023 Q1 3,245 0 0 0.0
2022 Q4 2,070 0 0 0.0
2022 Q3 1,814 0 0 0.0
2022 Q2 1,654 0 0 0.0
2022 Q1 2,284 0 0 0.0
2021 Q4 1,708 0 0 0.0
2021 Q3 3,305 2 0 605.1
2021 Q2 3,070 0 0 0.0
2021 Q1 3,070 0 0 0.0
2020 Q4 3,177 1 0 314.8
2020 Q3 3,994 0 0 0.0
2020 Q2 3,051 1 0 327.8
2020 Q1 2,780 0 0 0.0
2019 Q4 2,684 0 0 0.0
2019 Q3 3,982 1 0 251.1
2019 Q2 2,270 0 0 0.0
2019 Q1 3,124 2 1 640.2
2018 Q4 2,379 0 0 0.0
2018 Q3 4,128 0 0 0.0
2018 Q2 3,713 3 0 808.0
2018 Q1 3,522 4 0 1135.7
2017 Q4 3,119 0 0 0.0
2017 Q3 3,851 0 0 0.0
2017 Q2 2,684 6 0 2235.5
2017 Q1 2,600 6 1 2307.7
2016 Q4 1,667 0 0 0.0
2016 Q3 1,840 0 0 0.0
2016 Q2 1,781 2 1 1123.0
2016 Q1 2,829 0 0 0.0
2015 Q4 1,684 3 0 1781.5
2015 Q3 1,765 0 0 0.0
2015 Q2 4,301 0 0 0.0
2015 Q1 1,744 1 0 573.4
2014 Q4 1,933 0 0 0.0
2014 Q3 2,442 0 0 0.0
2014 Q2 2,514 0 0 0.0
2014 Q1 2,024 0 0 0.0
2013 Q4 1,591 0 0 0.0
2013 Q3 2,022 0 0 0.0
2013 Q2 1,911 0 0 0.0
2013 Q1 2,069 0 0 0.0
2012 Q4 1,964 0 0 0.0
2012 Q3 2,283 0 0 0.0
2012 Q2 2,685 0 0 0.0
2012 Q1 2,206 1 0 453.3
2011 Q4 1,881 0 0 0.0
2011 Q3 3,011 0 0 0.0
2011 Q2 2,286 0 0 0.0
2011 Q1 2,373 1 1 421.4
2010 Q4 2,096 0 0 0.0
2010 Q3 2,859 0 0 0.0
2010 Q2 5,826 2 1 343.3
2010 Q1 2,636 0 0 0.0
2009 Q4 1,990 0 0 0.0
2009 Q3 2,719 0 0 0.0
2009 Q2 2,030 0 0 0.0
2009 Q1 1,725 1 0 579.7
2008 Q4 2,387 0 0 0.0
2008 Q3 3,023 0 0 0.0
2008 Q2 6,744 2 0 296.6
2008 Q1 2,544 0 0 0.0
2007 Q4 2,652 0 0 0.0
2007 Q3 2,862 0 0 0.0
2007 Q2 2,410 0 0 0.0
2007 Q1 1,937 0 0 0.0
2006 Q4 1,792 0 0 0.0
2006 Q3 2,286 2 1 874.9
2006 Q2 2,381 0 0 0.0
2006 Q1 2,020 1 1 495.0
2005 Q4 1,504 0 0 0.0
2005 Q3 1,414 0 0 0.0
2005 Q2 1,130 0 0 0.0
2005 Q1 1,479 0 0 0.0
2004 Q4 1,253 0 0 0.0
2004 Q3 1,531 0 0 0.0
2004 Q2 980 0 0 0.0
2004 Q1 1,494 0 0 0.0
2003 Q4 1,047 0 0 0.0
2003 Q3 1,719 0 0 0.0
2003 Q2 1,595 0 0 0.0
2003 Q1 1,651 0 0 0.0
2002 Q4 1,508 0 0 0.0
2002 Q3 2,358 0 0 0.0
2002 Q2 3,706 0 0 0.0
2002 Q1 2,099 0 0 0.0
2001 Q4 1,659 0 0 0.0
2001 Q3 0 0 0
2001 Q2 2,871 0 0 0.0
2001 Q1 0 0 0
2000 Q4 0 0 0
2000 Q3 285 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

7 on file

2022 · 1 incident

February 21, 2022 WY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Black Hills Bentonite · Struck against stationary object

employee hit head on inside of cab in a 627G scraper and on 2/25/22 went to clinic to be checked out for concussion like symptoms. employee states they were wearing seatbelt when the rough road caused the contact. the Provider prescribed pain killers and released the employee to return to work on 2/28/2022

2018 · 1 incident

July 5, 2018 WY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Black Hills Bentonite · Struck against a moving object

Employee was operating a scraper stripping overburden, when the scraper seat bottomed out during a bump and an injury to the groin occurred. The Employee noticed the pain, but did not think it was report able at the time. After a couple days the worsening of the condition led the employee to contact the supervisor on 7/7/2018.

2014 · 1 incident

October 17, 2014 WY · Metal/Non-Metal scraper-loader operator HANDLING OF MATERIALS
Black Hills Bentonite · Over-exertion (Not Elsewhere Classified)

Employee was getting out of the scraper when he slipped off the step and hurt his shoulder.

2012 · 2 incidents

March 30, 2012 WY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Black Hills Bentonite · Struck against a moving object

EE tore muscle in right shoulder when arm was jerked from arm rest while trying to dig a rock out of a mine pit during a scraper operation. EE has missed no work previously but now has surgery scheduled for July 5, 2012 due to recurring pain. No work will be missed prior to surgery.

March 5, 2012 WY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Black Hills Bentonite · Struck against a moving object

EE was operating a 627G scraper when he hit a rough spot in the road and strained his lower back. Taken to hospital via pickup truck.

2008 · 1 incident

February 8, 2008 WY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Black Hills Bentonite · Struck against a moving object

EE was operating a scraper when a rock spun out from under his left tire, causing his head to make contact with top of cab frame. This action jammed his neck and back. After several days his condition did not improve and has now resulted in lost time.

2003 · 1 incident

March 10, 2003 WY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Black Hills Bentonite · Struck against a moving object

WHILE OPERATING A SCRAPER, EE RAN OVER A ROCK WHILE RESTING HIS HAND BEHIND THE CONTROL PANEL. THIS CAUSED HIS RIGHT SHOULDER TO BE JERKED AND INJURED. HE TOOK A FEW DAYS OFF TO RECUPERATE AND VISITED A LICENSED NURSE PRACTITIONER FOR TREATMENT.