Mining Incidents

Pit 23-Fairplay: 99 MSHA citations Metal/Non-Metal

Controlled by James C Marvel Jr
Fairplay, Park County, CO  ·  Active
MSHA Mine ID: 0503092

Pit 23-Fairplay has $33K in proposed MSHA penalties and $464 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2018
Latest incident
Sep 2018
Compliance record
MSHA citations since 2017
99
citations
17
significant & substantial
$33,295
proposed penalties
$28,849
paid to date
87% of proposed penalties paid to date, a $4,446 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2017
26
inspections on record
604
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: 604 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2020-01-08.
On record since 2020.
Source: MSHA imminent-danger order records, updated weekly.

Pit 23-Fairplay has $33K in proposed MSHA penalties and $464 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.
$33K
proposed penalties
$29K
current assessed
$29K
paid to date
$464
outstanding
96 assessments are final orders; 1 contested dockets.
Of $11K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2026-05-07.
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.
17.3%
significant & substantial
8.2%
high negligence or reckless
17.3%
reasonably likely or greater
69.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.1% low, 84.7% moderate, 8.2% 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 · 2% of citations on record
  • Settled 1 · 50%
  • Vacated or withdrawn 1 · 50%
50%
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%
85%
Penalty reduction in decided contests
$11K proposed, $2K 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 2023-07-26.
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 2023-0332 Settlement Voisin 2024 $11K → $2K
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: 2024-08-20
17%
of limit-tested samples over the exposure limit
31
samples
24
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz214 over
  • Respirable dust, <.1mg3
  • Unlisted Particulate, respirable, <1% Qtz3
  • Arsenic fumes2
Show the individual readings (55)
Date Contaminant Concentration Limit Conc / limit Occupation
2024-08-20 Quartz, respirable, >1% Qtz 0.71 0.6 1.18 Laborer, Bullgang
2023-05-04 Quartz, respirable, >1% Qtz 0.58 0.47 1.23 Crusher Oper/Worker
2019-08-27 Quartz, respirable, >1% Qtz 0.69 0.61 1.13 Bobcat Operator
2018-01-03 Quartz, respirable, >1% Qtz 0.67 0.54 1.24 Laborer, Bullgang
2024-08-20 Quartz, respirable, >1% Qtz 0.6 1.03 0.58 Laborer, Bullgang
2024-08-20 Quartz, respirable, >1% Qtz 0.14 0.74 0.19 Front-end Loader Operator
2024-08-20 Quartz, respirable, >1% Qtz 0.25 0.64 0.39 Lab Technician
2023-08-03 Quartz, respirable, >1% Qtz 0.26 0.39 0.67 Crusher Oper/Worker
2023-05-04 Quartz, respirable, >1% Qtz 0.32 0.44 0.73 Laborer, Bullgang
2023-05-04 Quartz, respirable, >1% Qtz 0.67 0.92 0.73 Mechanic
2023-05-04 Respirable dust, <.1mg 0 Front-end Loader Operator
2022-09-28 Lead fumes 0 450 0.00 Welder, etc.
2022-09-28 Magnesium oxide fumes 0.07 20 0.00 Welder, etc.
2022-09-28 Manganese fumes 1.14 5 0.23 Welder, etc.
2022-09-28 Nickel fumes 0 3 0.00 Welder, etc.
2022-09-28 Zinc oxide fumes 0 10 0.00 Welder, etc.
2022-09-28 Vanadium fumes 0 50 0.00 Welder, etc.
2022-09-28 Molybdenum fumes 0 20 0.00 Welder, etc.
2022-09-28 Copper fumes 0 300 0.00 Welder, etc.
2022-09-28 Quartz, respirable, >1% Qtz 0.17 0.6 0.28 Laborer, Bullgang
2022-09-28 Unlisted Particulate, respirable, <1% Qtz 21.89 Laborer, Bullgang
2022-09-28 Quartz, respirable, >1% Qtz 0.74 Mechanic
2022-09-28 Arsenic fumes 0 1500 0.00 Welder, etc.
2022-09-28 Beryllium fumes 0 6 0.00 Welder, etc.
2022-09-28 Cadmium oxide fumes 0 100 0.00 Welder, etc.
2022-09-28 Chromium, insoluble 0.02 3 0.01 Welder, etc.
2022-09-28 Cobalt fumes 0 300 0.00 Welder, etc.
2022-09-28 Iron oxide fumes 4.51 20 0.23 Welder, etc.
2022-05-25 Vanadium fumes 0 50 0.00 Mechanic
2022-05-25 Nickel fumes 0 3 0.00 Mechanic
2022-05-25 Arsenic fumes 0 1500 0.00 Mechanic
2022-05-25 Beryllium fumes 0 6 0.00 Mechanic
2022-05-25 Cadmium oxide fumes 0 100 0.00 Mechanic
2022-05-25 Chromium, insoluble 0 3 0.00 Mechanic
2022-05-25 Cobalt fumes 0 300 0.00 Mechanic
2022-05-25 Copper fumes 0 300 0.00 Mechanic
2022-05-25 Iron oxide fumes 0 20 0.00 Mechanic
2022-05-25 Lead fumes 0 450 0.00 Mechanic
2022-05-25 Magnesium oxide fumes 0 20 0.00 Mechanic
2022-05-25 Manganese fumes 0 5 0.00 Mechanic
2022-05-25 Molybdenum fumes 0 20 0.00 Mechanic
2022-05-25 Zinc oxide fumes 0 10 0.00 Mechanic
2021-07-08 Quartz, respirable, >1% Qtz 0.45 0.51 0.88 Mechanic
2021-07-08 Unlisted Particulate, respirable, <1% Qtz 0.15 Laborer, Bullgang
2021-07-08 Unlisted Particulate, respirable, <1% Qtz 0.23 Front-end Loader Operator
2021-07-08 Quartz, respirable, >1% Qtz 0.25 0.83 0.30 Mechanic
2019-08-27 Quartz, respirable, >1% Qtz 0.41 0.55 0.75 Cleanup Man
2019-08-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2019-08-27 Respirable dust, <.1mg 0 Crusher Oper/Worker
2018-02-16 Quartz, respirable, >1% Qtz 0.32 0.39 0.82 Laborer, Bullgang
2018-02-16 Quartz, respirable, >1% Qtz 0.42 0.47 0.89 Laborer, Bullgang
2018-02-16 Quartz, respirable, >1% Qtz 0.43 0.74 0.58 Dry Screen Plant Operator
2018-01-03 Quartz, respirable, >1% Qtz 0.39 0.42 0.93 Crusher Oper/Worker
2018-01-03 Quartz, respirable, >1% Qtz 0.28 0.62 0.45 Crusher Oper/Worker
2018-01-03 Quartz, respirable, >1% Qtz 0.22 0.37 0.59 Front-end Loader Operator

Area samples (mill and shop air)

Last sampled: 2018-02-16, 8 years ago
2
samples
Show the individual readings (2)
Date Contaminant Concentration Limit Conc / limit Area sampled
2018-02-16 Quartz, respirable, >1% Qtz 0.14 MP CRUSHING
2017-07-11 Respirable dust, <.1mg 0 SF ACTIVE MINING
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.

Pit 23-Fairplay recorded 0.00 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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 1.65 and the all-US-mining average was 1.97 cases per 100 workers.
In Colorado, metal and nonmetal mining averaged 1.64 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
2025 * 0.00 0.00 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2020 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 7.34 7.34 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. Brannan Sand & Gravel Company 1950 to 2017
  2. Brannan Sand & Gravel Company, LLC 2017 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 17
2025 14
2024 14
2023 15
2022 12
2021 12
2020 12
2019 10
2018 11
2017 8
Source: MSHA quarterly employment and production, updated weekly.

Pit 23-Fairplay sits in Park County, Colorado, where the Census mining category is 0.7% 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.
Park County, Colorado · Population 17,739
0.7%
Mining share of county employment
$95,450
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 10,295 5 0 485.7
2026 Q1 8,267 0 0 0.0
2025 Q4 10,428 1 0 95.9
2025 Q3 11,563 4 1 345.9
2025 Q2 12,151 0 0 0.0
2025 Q1 9,668 1 0 103.4
2024 Q4 10,657 0 0 0.0
2024 Q3 7,773 15 1 1929.8
Show 29 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 10,445 0 0 0.0
2024 Q1 7,259 4 2 551.0
2023 Q4 7,806 0 0 0.0
2023 Q3 9,586 0 0 0.0
2023 Q2 8,890 6 2 674.9
2023 Q1 7,013 5 0 713.0
2022 Q4 7,809 0 0 0.0
2022 Q3 9,095 0 0 0.0
2022 Q2 11,159 17 2 1523.4
2022 Q1 8,753 4 0 457.0
2021 Q4 8,831 0 0 0.0
2021 Q3 8,402 0 0 0.0
2021 Q2 7,468 3 0 401.7
2021 Q1 5,188 0 0 0.0
2020 Q4 4,931 2 0 405.6
2020 Q3 8,234 0 0 0.0
2020 Q2 8,497 5 1 588.4
2020 Q1 4,761 3 1 630.1
2019 Q4 4,167 0 0 0.0
2019 Q3 6,343 2 0 315.3
2019 Q2 6,802 0 0 0.0
2019 Q1 5,010 4 1 798.4
2018 Q4 5,108 0 0 0.0
2018 Q3 7,244 0 0 0.0
2018 Q2 8,029 0 0 0.0
2018 Q1 6,861 1 1 145.8
2017 Q4 5,470 5 1 914.1
2017 Q3 6,494 3 0 462.0
2017 Q2 497 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2018 · 1 incident

September 4, 2018 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman STRIKING OR BUMPING
Brannan Sand & Gravel Company, LLC · Struck against stationary object

Employee was working/welding in tight area on tunnel feeder, stepped back and hit lower part of their head on an I-beam.