Mining Incidents

PLANT #1: 20 MSHA citations Metal/Non-Metal

Controlled by Wade Shumaker
Austin, Travis County, TX  ·  Abandoned
MSHA Mine ID: 4103205

PLANT #1 has $6K 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
5
Years on record
1986–1997
Latest incident
Jun 1997
Compliance record
MSHA citations since 2001
20
citations
4
significant & substantial
$6,210
proposed penalties
$3,801
paid to date
61% of proposed penalties paid to date, a $2,409 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
16
inspections on record
127
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: 127 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

PLANT #1 has $6K 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.
$6K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
19 assessments are final orders; 2 contested dockets.
Of $3K in penalties contested before the Commission, $300 was upheld in final decisions.
As of the most recent assessment on 2010-10-28.
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.
21.1%
significant & substantial
15.8%
high negligence or reckless
21.1%
reasonably likely or greater
47.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.8% low, 68.4% moderate, 15.8% 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.
3 citations taken to the federal commission · 15% of citations on record
  • Settled 3 · 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 3 decided S&S contests · industry: 79%
89%
Penalty reduction in decided contests
$3K proposed, $300 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 2010-05-19.
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 2010-747M Settlement Lesnick 2011 $2K → $100
CENT 2010-748M Settlement Lesnick 2011 $548 → $200
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: 2010-03-30, 16 years ago
3
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg3
Show the individual readings (3)
Date Contaminant Concentration Limit Conc / limit Occupation
2010-03-30 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-03-30 Respirable dust, <.1mg 0 Utility Man
2010-03-30 Respirable dust, <.1mg 0 Supervisor, Co. Official
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.

PLANT #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2000.

Injury rate, 2000
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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 4.77 and the all-US-mining average was 5.64 cases per 100 workers.
In Texas, metal and nonmetal mining averaged 3.42 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.
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. Shumaker Enterprises Inc 1983 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2011 1
2010 2
2009 6
2008 0
2002 1
2001 1
2000 16
Source: MSHA quarterly employment and production, updated weekly.

PLANT #1 sits in Travis County, Texas, where the Census mining category is 0.4% 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.
Travis County, Texas · Population 1,307,625
0.4%
Mining share of county employment
$97,169
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
2011 Q1 274 0 0 0.0
2010 Q4 948 5 1 5274.3
2010 Q3 2,139 0 0 0.0
2010 Q2 1,516 0 0 0.0
2010 Q1 912 10 1 10964.9
2009 Q4 159 0 0 0.0
2009 Q3 1,375 0 0 0.0
2009 Q2 1,616 3 1 1856.4
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q1 704 0 0 0.0
2008 Q4 0 0 0
2002 Q3 747 0 0 0.0
2002 Q2 707 0 0 0.0
2002 Q1 683 1 0 1464.1
2001 Q4 570 0 0 0.0
2001 Q3 688 0 0 0.0
2001 Q2 638 1 1 1567.4
2001 Q1 726 0 0 0.0
2000 Q4 5,528 0 0 0.0
2000 Q3 12,935 0 0 0.0
2000 Q2 13,150 0 0 0.0
2000 Q1 13,870 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

5 on file

1997 · 2 incidents

June 11, 1997 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Shumaker Enterprises Inc · Over-exertion in lifting objects

EE CLEANING OFF ROCKS OFF THE HOPPER. PICKED ONE UP THAT WAS TOO HEAVY, HURT BACK. DR SAYS JUST STRAINED.

January 28, 1997 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Shumaker Enterprises Inc · Caught in, under or between running or meshing objects

ROLLER ON HOPPER STOPPED WORKING. EMP TRYING TO START ROLLER BY MOVING WITH HAND, BUT MOTOR STILL ON, SO IT STARTED ROLLING AND HAND GOT CAUGHT UP TO THE ELBOW. DID NOT BREAK, DR SAYS ALMOST.

1995 · 1 incident

January 2, 1995 TX · Metal/Non-Metal belt foreman, maintenance foreman, maintenance supervisor HANDTOOLS (NONPOWERED)
Shumaker Enterprises Inc · Struck against stationary object

SWINGING THE SLEDGE HAMMER ON THE 1150-C CASE AND MISSED AND HAND HIT THE TRACK, CASING LACERATIONS.

1987 · 1 incident

1986 · 1 incident

April 8, 1986 TX · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Shumaker Enterprises Inc · Caught in, under or between a moving and a stationary object

THE DRIVER WAS 8UMPING A LOAD OF GRAVEL AND WHEN HE LET HIS BED DOWN A ROCK LODGED BETWEEN THE BED AND TAILGATE KEEPING IT FROM CLOSING WHEN HE GRABBED THE ROCK TO REMOVE IT HE SLIPPED AND THE TAILGATE SHUT 2N HIS FINGER.