Mining Incidents

PLANT 2: 1 recorded fatality Metal/Non-Metal

Controlled by Warren W Harshman
Waverly, Osage County, KS  ·  Active
MSHA Mine ID: 1401537

PLANT 2 has $21K in proposed MSHA penalties and $90 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
26
Years on record
1991–2021
Latest incident
May 2021
Compliance record
MSHA citations since 2000
83
citations
21
significant & substantial
$20,808
proposed penalties
$20,538
paid to date
99% of proposed penalties paid to date, a $270 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
64
inspections on record
857
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: 857 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 2 has $21K in proposed MSHA penalties and $90 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.
$21K
proposed penalties
$21K
current assessed
$21K
paid to date
$90
outstanding
82 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $720 was upheld in final decisions.
As of the most recent assessment on 2026-06-12.
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.
25.6%
significant & substantial
7.3%
high negligence or reckless
25.6%
reasonably likely or greater
67.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.4% low, 79.3% moderate, 7.3% 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%
  • Stood as issued 1 · 50%
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%
58%
Penalty reduction in decided contests
$2K proposed, $720 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 2006-06-06.
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 2006-168M Settlement Manning 2006 $900 → $720
CENT 2006-129M Dismissal Manning 2006 $800 → $0
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: 2026-07-16
0%
of limit-tested samples over the exposure limit
21
samples
11
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg9
  • Quartz, respirable, >1% Qtz8
  • Nuisance dust, respirable, <1% Qtz4
Show the individual readings (21)
Date Contaminant Concentration Limit Conc / limit Occupation
2026-07-16 Respirable dust, <.1mg 0 Drill Operator, Rotary
2026-07-16 Respirable dust, <.1mg 0 Front-end Loader Operator
2026-07-16 Quartz, respirable, >1% Qtz 0.18 0.7 0.26 Front-end Loader Operator
2023-09-18 Respirable dust, <.1mg 0 Front-end Loader Operator
2023-09-18 Nuisance dust, respirable, <1% Qtz 0.39 10 0.04 Utility Man
2023-09-18 Respirable dust, <.1mg 0 Front-end Loader Operator
2023-09-18 Quartz, respirable, >1% Qtz 0.16 Front-end Loader Operator
2019-09-20 Quartz, respirable, >1% Qtz 0.25 0.62 0.40 Front-end Loader Operator
2019-09-20 Respirable dust, <.1mg 0 Front-end Loader Operator
2019-09-20 Respirable dust, <.1mg 0 Front-end Loader Operator
2019-09-20 Respirable dust, <.1mg 0 Truck Driver
2015-06-17 Quartz, respirable, >1% Qtz 0.16 1.77 0.09 Front-end Loader Operator
2015-06-17 Respirable dust, <.1mg 0 Front-end Loader Operator
2015-06-17 Nuisance dust, respirable, <1% Qtz 0.27 10 0.03 Drill Operator, Rotary Air
2009-02-19 Nuisance dust, respirable, <1% Qtz 0.14 10 0.01 Drill Operator, Rotary
2009-02-19 Nuisance dust, respirable, <1% Qtz 0.19 10 0.02 Front-end Loader Operator
2009-02-19 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-04-07 Quartz, respirable, >1% Qtz 0.57 1.11 0.51 Supervisor, Co. Official
2004-04-07 Quartz, respirable, >1% Qtz 0.77 2.67 0.29 Front-end Loader Operator
2004-04-07 Quartz, respirable, >1% Qtz 0.29 1.1 0.26 Front-end Loader Operator
2004-04-07 Quartz, respirable, >1% Qtz 0.42 1.43 0.29 Drill Operator, Rotary
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 2 recorded 0.00 reportable injury cases per 100 full-time workers in 2015.

Injury rate, 2015
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 2.26 and the all-US-mining average was 2.72 cases per 100 workers.
In Kansas, metal and nonmetal mining averaged 2.91 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
2015 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 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. Harshman Construction L L C 1990 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 6
2025 5
2024 5
2023 4
2022 5
2021 6
2020 5
2019 6
2018 5
2017 6
2016 8
2015 10
2014 6
2013 9
2012 9
2011 8
2010 10
2009 15
2008 14
2007 6
2006 7
2005 6
2004 7
2003 9
2002 6
2001 7
2000 7
Source: MSHA quarterly employment and production, updated weekly.

PLANT 2 sits in Osage County, Kansas, where the Census mining category is 0.2% 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.
Osage County, Kansas · Population 15,780
0.2%
Mining share of county employment
$70,216
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 3,919 5 0 1275.8
2026 Q1 3,224 0 0 0.0
2025 Q4 3,195 1 0 313.0
2025 Q3 3,876 0 0 0.0
2025 Q2 3,626 0 0 0.0
2025 Q1 3,328 1 0 300.5
2024 Q4 3,475 0 0 0.0
2024 Q3 4,041 0 0 0.0
Show 97 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,652 0 0 0.0
2024 Q1 2,831 0 0 0.0
2023 Q4 2,747 2 1 728.1
2023 Q3 2,651 0 0 0.0
2023 Q2 3,640 0 0 0.0
2023 Q1 2,683 0 0 0.0
2022 Q4 3,197 0 0 0.0
2022 Q3 3,118 1 0 320.7
2022 Q2 3,557 0 0 0.0
2022 Q1 2,140 4 1 1869.2
2021 Q4 3,122 0 0 0.0
2021 Q3 3,614 2 0 553.4
2021 Q2 3,974 0 0 0.0
2021 Q1 3,570 0 0 0.0
2020 Q4 3,576 0 0 0.0
2020 Q3 2,990 2 2 668.9
2020 Q2 4,046 4 1 988.6
2020 Q1 3,811 2 1 524.8
2019 Q4 3,703 0 0 0.0
2019 Q3 4,276 0 0 0.0
2019 Q2 4,045 0 0 0.0
2019 Q1 3,134 0 0 0.0
2018 Q4 3,353 0 0 0.0
2018 Q3 3,828 0 0 0.0
2018 Q2 2,897 0 0 0.0
2018 Q1 2,124 1 0 470.8
2017 Q4 4,178 0 0 0.0
2017 Q3 3,838 0 0 0.0
2017 Q2 3,878 0 0 0.0
2017 Q1 4,295 3 0 698.5
2016 Q4 5,194 0 0 0.0
2016 Q3 2,533 1 0 394.8
2016 Q2 3,483 0 0 0.0
2016 Q1 6,746 0 0 0.0
2015 Q4 4,958 0 0 0.0
2015 Q3 5,707 0 0 0.0
2015 Q2 4,618 0 0 0.0
2015 Q1 4,781 2 1 418.3
2014 Q4 1,804 0 0 0.0
2014 Q3 3,449 0 0 0.0
2014 Q2 3,352 0 0 0.0
2014 Q1 1,553 0 0 0.0
2013 Q4 4,738 1 0 211.1
2013 Q3 3,806 0 0 0.0
2013 Q2 4,806 1 0 208.1
2013 Q1 3,422 0 0 0.0
2012 Q4 4,297 0 0 0.0
2012 Q3 4,963 0 0 0.0
2012 Q1 5,544 0 0 0.0
2011 Q4 4,352 0 0 0.0
2011 Q3 5,371 0 0 0.0
2011 Q2 5,229 1 0 191.2
2011 Q1 4,749 1 0 210.6
2010 Q4 4,535 0 0 0.0
2010 Q3 1,875 0 0 0.0
2010 Q2 4,883 3 3 614.4
2010 Q1 5,088 3 2 589.6
2009 Q4 5,688 0 0 0.0
2009 Q3 4,603 1 0 217.2
2009 Q2 5,590 0 0 0.0
2009 Q1 5,187 5 1 963.9
2008 Q4 6,102 0 0 0.0
2008 Q3 6,031 3 0 497.4
2008 Q2 5,191 0 0 0.0
2008 Q1 7,154 0 0 0.0
2007 Q4 3,979 0 0 0.0
2007 Q3 3,538 1 0 282.6
2007 Q2 3,284 0 0 0.0
2007 Q1 3,099 0 0 0.0
2006 Q4 3,047 0 0 0.0
2006 Q3 3,669 1 0 272.6
2006 Q2 3,501 0 0 0.0
2006 Q1 3,540 0 0 0.0
2005 Q4 3,503 7 2 1998.3
2005 Q3 3,729 3 3 804.5
2005 Q2 3,681 0 0 0.0
2005 Q1 3,582 0 0 0.0
2004 Q4 3,372 0 0 0.0
2004 Q3 3,717 0 0 0.0
2004 Q2 4,228 3 1 709.6
2004 Q1 3,228 0 0 0.0
2003 Q4 3,684 0 0 0.0
2003 Q3 4,672 0 0 0.0
2003 Q2 6,532 0 0 0.0
2003 Q1 3,319 0 0 0.0
2002 Q4 3,319 0 0 0.0
2002 Q3 3,698 1 0 270.4
2002 Q2 3,024 0 0 0.0
2002 Q1 2,960 0 0 0.0
2001 Q4 3,852 0 0 0.0
2001 Q3 4,742 9 1 1897.9
2001 Q2 4,181 0 0 0.0
2001 Q1 4,331 0 0 0.0
2000 Q4 2,710 0 0 0.0
2000 Q3 4,459 0 0 0.0
2000 Q2 4,042 5 0 1237.0
2000 Q1 3,326 0 0 0.0

Fatalities at this mine

1 recorded
June 19, 2020 KS · Metal/Non-Metal quality control technician, laboratory technician, laboratory assistant Fatality · FALLING/SLIDING/ROLLING MATERIALS
Harshman Construction L L C · Struck by rolling or sliding object

An individual was standing in the vicinity of a stockpile when material sloughed off from the stockpile and engulfed them.

Reportable incidents

25 on file (excluding fatalities above)

2021 · 1 incident

May 19, 2021 KS · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Harshman Construction L L C · Caught in, under or between a moving and a stationary object

EE was changing a bearing on the tail pulley of the conveyor. EE was cutting the old race off of the shaft and accidently cut the cable holding the shaft. This caused EE's finger to be pinched between the take-up and shaft.

2020 · 1 incident

March 24, 2020 KS · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Harshman Construction L L C · Caught in, under or between a moving and a stationary object

IE and another employee had moved the guard on the surge bin out of the way to access and disassemble the gearbox to replace the seals. The guard swung down and back into place, smashing IE's pinky finger.

2018 · 1 incident

August 20, 2018 KS · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Harshman Construction L L C · Struck by falling object

Had hand resting on secondary crusher as the hood was mechanically opening. A piece of angle iron came down on the tip of middle finger. Received three stitches on finger nail from ER and returned to full duty at work the next day. Went to a specialist a week later on 08/27/2018 and they said that the tip of finger is broken. EE is on light duty work now.

2005 · 1 incident

June 30, 2005 KS · Metal/Non-Metal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Harshman Construction L L C · Struck by flying object

USING BELT FASTNER TO PUT BELT TOGETHER AND A PIECE OF METAL POPPED INTO LEFT EYE. USED DRILL AND PUNCH ALSO TO REPAIR BELT

2004 · 2 incidents

September 21, 2004 KS · Metal/Non-Metal drill operator HANDLING OF MATERIALS
Harshman Construction L L C · Caught in, under or between (Not Elsewhere Classified)

REPLACING NEW BELT ON PRIMARY UNIT. LINING UP BELT & CAUGHT FINGER BETWEEN BELT & PULLEY.

April 28, 2004 KS · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
Harshman Construction L L C · Struck by falling object

While moving crusher canopy, the wind caught it when it was hung up in the loader bucket. The wind carried it and it dropped on employee's foot.

2002 · 2 incidents

August 19, 2002 KS · Metal/Non-Metal driller, highwall operator, highwall drill operator HANDTOOLS (NONPOWERED)
Harshman Construction L L C · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS CUTTING A PIECE OF BELTING. KNIFE SLIPPED, CUTTING HIS FINGER.

June 17, 2002 KS · Metal/Non-Metal backhoe operator, trackhoe operator, crane operator SLIP OR FALL OF PERSON
Harshman Construction L L C · Fall from machine

EMPLOYEE WAS STANDING ON TRACK OF SCRAPER. FOOT SLIPPED, EMPLOYEE LANDED ON RACK AND FELL TO GROUND. INJURED BACK AND HEAD.

2001 · 4 incidents

November 6, 2001 KS · Metal/Non-Metal welder (shop) MACHINERY
Harshman Construction L L C · Contact with hot objects or substances

EE WAS WELDING ON SKID LOADER BUCKET AND A WELDING SLAG GOT IN HIS LEFT EAR.

February 26, 2001 KS · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Harshman Construction L L C · Over-exertion (Not Elsewhere Classified)

EE TOOK SHIELD OFF LOADER AND WAS BENDING DOWN TO LAY IT ON GROUND. EE STRAIN HIS BACK.

January 25, 2001 KS · Metal/Non-Metal drill helper MACHINERY
Harshman Construction L L C · Caught in, under or between (Not Elsewhere Classified)

OPERATOR WAS MOVING DRILL. DRILL CAUGHT HIS FOOT AND PRESSED FOOT BETWEEN DRILL & GROUND.

2000 · 1 incident

May 1, 2000 KS · Metal/Non-Metal drill helper MACHINERY
Harshman Construction L L C · Struck by... (Not Elsewhere Classified)

EE WAS DRILLING HOLE TO SET CHANGE. DRILL THREW A PIECE OF METAL STRIKING EE IN STOMACH.

1999 · 3 incidents

March 18, 1999 KS · Metal/Non-Metal welder (shop) SLIP OR FALL OF PERSON
Harshman Construction L L C · Struck by flying object

EE WAS USING SANDBLASTER. HE WAS BACKING UP AND TRIPPED CAUSING SANDBLASTER TO SHOOT SAND AT HIS EAR AREA. EMPLOYEE HAD PROTECTIVE HOOD IN PLACE.

February 26, 1999 KS · Metal/Non-Metal welder (shop) MACHINERY
Harshman Construction L L C · Flash burns (welding)

EE DID NOT REALIZE WELDING HELMET HE WAS WEARING WAS NOT FUNCTIONING PROPERLY AND THE WELDING FLASH BURNED HIS EYES.

1998 · 3 incidents

October 5, 1998 KS · Metal/Non-Metal drill operator SLIP OR FALL OF PERSON
Harshman Construction L L C · Fall to lower level, (Not Elsewhere Classified)

EE WAS COMING OUT OF TOOL SHED TRAILER AND THE STAIRS FELL AWAY FROM TRAILER. EE FELL TO THE GROUND.

June 30, 1998 KS · Metal/Non-Metal outside foreman, leadman HANDLING OF MATERIALS
Harshman Construction L L C · Struck by... (Not Elsewhere Classified)

HAD BEEN GRINDING AND WELDING ON THE JOB. RUBBED EYE WITH GLOVE AND GOT METAL IN EYE FROM GLOVE.

1997 · 1 incident

February 6, 1997 KS · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Harshman Construction L L C · Fall to the walkway or working surface

SLIPPED AND FELL AND LANDED ON KNEE WHILE WALKING ON SNOW COVERED ICE.

1995 · 2 incidents

November 21, 1995 KS · Metal/Non-Metal mine manager, mine foreman, mine owner SLIP OR FALL OF PERSON
Harshman Construction L L C · Fall from machine

THEIR WAS OIL ON THE FRONT TIRE, THE EE WAS LOOKING AT HOLE IN TILT CYLINDER & SLIPPED ON TIRE &CAUGHT HIMSELF, BUT PULLED SOMETHING IN SHOULDER& BETWEEN SHOULDER BLADES.

February 23, 1995 KS · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Harshman Construction L L C · Over-exertion (Not Elsewhere Classified)

OPERATOR WAS SERVICING MACHINE. RIGHT KNEE POPPED WHEN STEPPING UP ONTO MACHINE. THE KNEE HAS REMAINED SORE & STIFF SINC.

1993 · 1 incident

1992 · 1 incident

1991 · 1 incident