Mining Incidents

Plant 4: 91 MSHA citations Metal/Non-Metal

Nelson Quarries Inc · Surface
Controlled by Kenneth L Nelson
fort Scott, Bourbon County, KS  ·  Abandoned
MSHA Mine ID: 1401597

Plant 4 has $23K in proposed MSHA penalties and $0 outstanding across 17 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2003–2011
Latest incident
Nov 2011
Compliance record
MSHA citations since 2000
91
citations
16
significant & substantial
$22,560
proposed penalties
$16,806
paid to date
74% of proposed penalties paid to date, a $5,754 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
31
inspections on record
483
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: 483 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 4 has $23K in proposed MSHA penalties and $0 outstanding across 17 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.
$23K
proposed penalties
$17K
current assessed
$17K
paid to date
$0
outstanding
88 assessments are final orders; 17 contested dockets.
Of $15K in penalties contested before the Commission, $8K was upheld in final decisions.
As of the most recent assessment on 2011-03-23.
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.
18.2%
significant & substantial
14.8%
high negligence or reckless
19.3%
reasonably likely or greater
69.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 14.8% low, 70.5% moderate, 11.4% high, 3.4% 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.
76 citations taken to the federal commission · 84% of citations on record
  • Settled 58 · 76%
  • Stood as issued 3 · 4%
  • Vacated or withdrawn 15 · 20%
60%
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 25 decided S&S contests · industry: 79%
52%
Penalty reduction in decided contests
$19K proposed, $9K 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 2011-05-31.
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 2007-99M Settlement Manning 2008 $4K → $100
CENT 2006-151M Prevail Manning 2008 $2K → $2K
CENT 2009-483M Settlement Manning 2010 $1K → $561
CENT 2006-205M Settlement Manning 2008 $1K → $832
CENT 2006-237M Vacate Manning 2008 $1K → $350
CENT 2007-62M Prevail Manning 2008 $1K → $150
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: 2007-11-19, 18 years ago
0%
of limit-tested samples over the exposure limit
10
samples
10
limit-tested
Most sampled contaminants
  • Nuisance dust, respirable, <1% Qtz5
  • Quartz, respirable, >1% Qtz5
Show the individual readings (10)
Date Contaminant Concentration Limit Conc / limit Occupation
2007-11-19 Quartz, respirable, >1% Qtz 0.32 2.36 0.14 Truck Driver
2007-11-19 Quartz, respirable, >1% Qtz 0.53 2.61 0.20 Truck Driver
2007-11-19 Nuisance dust, respirable, <1% Qtz 0.65 10 0.07 Truck Driver
2007-11-19 Nuisance dust, respirable, <1% Qtz 0.39 10 0.04 Crusher Oper/Worker
2005-03-23 Nuisance dust, respirable, <1% Qtz 0.23 10 0.02 Front-end Loader Operator
2005-03-23 Nuisance dust, respirable, <1% Qtz 0.15 10 0.02 Truck Driver
2005-03-23 Nuisance dust, respirable, <1% Qtz 0.61 10 0.06 Truck Driver
2002-03-14 Quartz, respirable, >1% Qtz 0.13 1.5 0.09 Drill Operator, Rotary
2002-03-14 Quartz, respirable, >1% Qtz 0.41 1.89 0.22 Truck Driver
2002-03-14 Quartz, respirable, >1% Qtz 0.52 2.94 0.18 Crusher Oper/Worker
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. Nelson Quarries Inc 1996 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2013 2
2012 2
2011 5
2010 6
2009 5
2008 8
2007 5
2006 6
2005 7
2004 6
2003 7
2002 5
2001 6
2000 5
Source: MSHA quarterly employment and production, updated weekly.

Plant 4 sits in Bourbon County, Kansas, where the Census mining category is 0.6% 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.
Bourbon County, Kansas · Population 14,384
0.6%
Mining share of county employment
$67,555
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
2013 Q2 0 0 0
2013 Q1 623 0 0 0.0
2012 Q4 1,352 0 0 0.0
2012 Q3 744 0 0 0.0
2012 Q2 0 0 0
2012 Q1 95 0 0 0.0
2011 Q4 1,922 0 0 0.0
2011 Q3 166 0 0 0.0
Show 46 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q2 1,070 0 0 0.0
2011 Q1 769 3 0 3901.2
2010 Q4 1,600 1 0 625.0
2010 Q3 1,201 3 2 2497.9
2010 Q2 1,145 0 0 0.0
2010 Q1 1,342 3 1 2235.5
2009 Q4 1,530 0 0 0.0
2009 Q3 624 0 0 0.0
2009 Q2 3,336 0 0 0.0
2009 Q1 2,836 4 0 1410.4
2008 Q4 4,445 0 0 0.0
2008 Q3 3,601 2 0 555.4
2008 Q2 3,109 0 0 0.0
2008 Q1 3,582 0 0 0.0
2007 Q4 2,985 3 1 1005.0
2007 Q3 4,369 10 0 2288.9
2007 Q2 4,357 0 0 0.0
2007 Q1 572 0 0 0.0
2006 Q4 3,508 0 0 0.0
2006 Q3 3,571 6 2 1680.2
2006 Q2 4,045 2 0 494.4
2006 Q1 4,344 0 0 0.0
2005 Q4 4,018 31 5 7715.3
2005 Q3 5,567 0 0 0.0
2005 Q2 3,325 0 0 0.0
2005 Q1 4,111 3 0 729.7
2004 Q4 3,619 0 0 0.0
2004 Q3 3,614 0 0 0.0
2004 Q2 3,475 11 4 3165.5
2004 Q1 3,836 0 0 0.0
2003 Q4 5,163 0 0 0.0
2003 Q3 4,457 0 0 0.0
2003 Q2 3,761 0 0 0.0
2003 Q1 2,365 0 0 0.0
2002 Q4 1,800 0 0 0.0
2002 Q3 0 0 0
2002 Q2 0 0 0
2002 Q1 3,024 5 1 1653.4
2001 Q4 3,296 0 0 0.0
2001 Q3 4,358 3 0 688.4
2001 Q2 3,749 0 0 0.0
2001 Q1 3,162 0 0 0.0
2000 Q4 0 0 0
2000 Q3 1,487 0 0 0.0
2000 Q2 4,142 1 0 241.4
2000 Q1 4,239 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2011 · 1 incident

November 3, 2011 KS · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Nelson Quarries Inc · Fall from machine

Employee climbing upon conveyor to unhook chain that lifted belting up. His boots were muddy and he slipped and fell.

2004 · 1 incident

June 14, 2004 KS · Metal/Non-Metal drill operator MACHINERY
Nelson Quarries Inc · Struck by... (Not Elsewhere Classified)

REMOVING HOSE FROM DRILL HOLE. TRAPPED AIR PRESSURE CAUSED HOSE TO BLOW OUT OF HOLE. PIPE ON END OF HOSE HIT HIM ON SHOULDER CAUSING BRUISE TO BONE.

2003 · 1 incident

December 17, 2003 KS · Metal/Non-Metal

EMPLOYEE WAS STANDING APPROX 10' FROM DRILL WATCHING DRILLER WORK. SECONDARY DRILL STEEL FELL FROM RACK WHEN DRILL WAS BEING MOVED TO ANOTHER LOCATION. STEEL HIT EMPLOYEE IN NECK AND FRACTURED 6TH VERTEBRA.