Mining Incidents

PORT #1: 124 MSHA citations Metal/Non-Metal

Controlled by Mark Magruder
Lake Ozark, Miller County, MO  ·  Abandoned
MSHA Mine ID: 2300077

PORT #1 has $128K in proposed MSHA penalties and $0 outstanding across 22 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
13
Years on record
1995–2019
Latest incident
Mar 2019
Compliance record
MSHA citations since 2000
124
citations
34
significant & substantial
$127,873
proposed penalties
$62,977
paid to date
49% of proposed penalties paid to date, a $64,896 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
64
inspections on record
912
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: 912 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: 2010-07-14.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

PORT #1 has $128K in proposed MSHA penalties and $0 outstanding across 22 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.
$128K
proposed penalties
$63K
current assessed
$63K
paid to date
$0
outstanding
121 assessments are final orders; 22 contested dockets.
Of $138K in penalties contested before the Commission, $54K was upheld in final decisions.
As of the most recent assessment on 2021-03-22.
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.
27.9%
significant & substantial
3.3%
high negligence or reckless
27.0%
reasonably likely or greater
59.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 9.8% low, 86.9% moderate, 3.3% 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.
70 citations taken to the federal commission · 56% of citations on record
  • Settled 49 · 70%
  • Stood as issued 12 · 17%
  • Vacated or withdrawn 9 · 13%
63%
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 35 decided S&S contests · industry: 79%
61%
Penalty reduction in decided contests
$138K proposed, $54K 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 2016-07-10.
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 2011-460M Prevail McCarthy 2013 $52K → $17K
CENT 2010-1256M Vacate McCarthy 2013 $17K → $0
CENT 2009-417M Settlement Lesnick 2010 $11K → $3K
CENT 2015-0592 Settlement Paez 2017 $8K → $2K
CENT 2014-41M Settlement McCarthy 2014 $7K → $7K
CENT 2010-1257M Dismissal McCarthy 2013 $7K → $5K
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: 2020-05-19, 6 years ago
8%
of limit-tested samples over the exposure limit
42
samples
24
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz232 over
  • Respirable dust, <.1mg16
  • Nuisance dust, respirable, <1% Qtz3
Show the individual readings (42)
Date Contaminant Concentration Limit Conc / limit Occupation
2010-07-15 Quartz, respirable, >1% Qtz 0.27 0.25 1.08 Complete Load-Haul-Dump
2010-07-15 Quartz, respirable, >1% Qtz 0.27 0.27 1.00 Complete Load-Haul-Dump
2020-05-19 Quartz, respirable, >1% Qtz 0.24 Front-end Loader Operator
2020-05-19 Quartz, respirable, >1% Qtz 0.35 Front-end Loader Operator
2017-04-11 Respirable dust, <.1mg 0 Front-end Loader Operator
2017-04-11 Respirable dust, <.1mg 0 Cleanup Man
2017-04-11 Quartz, respirable, >1% Qtz 0.25 0.74 0.34 Front-end Loader Operator
2015-06-30 Respirable dust, <.1mg 0 Front-end Loader Operator
2015-06-30 Quartz, respirable, >1% Qtz 0.2 1.6 0.13 Dry Screen Plant Operator
2014-08-19 Respirable dust, <.1mg 0 Laborer, Bullgang
2014-08-19 Respirable dust, <.1mg 0 Front-end Loader Operator
2014-08-19 Respirable dust, <.1mg 0 Front-end Loader Operator
2014-08-19 Quartz, respirable, >1% Qtz 0.57 1.04 0.55 Crusher Oper/Worker
2011-07-27 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2011-07-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-07-27 Quartz, respirable, >1% Qtz 0.35 0.39 0.90 Front-end Loader Operator
2010-07-15 Quartz, respirable, >1% Qtz 0.12 0.3 0.40 Supervisor, Co. Official
2010-07-15 Quartz, respirable, >1% Qtz 0.2 1.77 0.11 Front-end Loader Operator
2010-07-15 Quartz, respirable, >1% Qtz 0.16 0.43 0.37 Crusher Oper/Worker
2007-11-20 Respirable dust, <.1mg 0 Shovel Operator
2007-11-20 Quartz, respirable, >1% Qtz 0.13 0.74 0.18 Crusher Oper/Worker
2007-11-20 Quartz, respirable, >1% Qtz 0.3 1.08 0.28 Bobcat Operator
2006-11-08 Quartz, respirable, >1% Qtz 0.17 1.09 0.16 Front-end Loader Operator
2006-11-08 Respirable dust, <.1mg 0 Front-end Loader Operator
2006-11-08 Respirable dust, <.1mg 0 Truck Driver
2006-11-08 Quartz, respirable, >1% Qtz 0.39 1.44 0.27 Truck Driver
2006-11-08 Nuisance dust, respirable, <1% Qtz 0.28 10 0.03 Crusher Oper/Worker
2006-01-04 Respirable dust, <.1mg 0 Front-end Loader Operator
2006-01-04 Quartz, respirable, >1% Qtz 0.19 0.81 0.23 Crusher Oper/Worker
2006-01-04 Quartz, respirable, >1% Qtz 0.17 1.62 0.10 Utility Man
2006-01-04 Quartz, respirable, >1% Qtz 0.54 3.19 0.17 Front-end Loader Operator
2005-06-02 Quartz, respirable, >1% Qtz 0.85 1.79 0.47 Truck Driver
2005-06-02 Quartz, respirable, >1% Qtz 0.77 1.68 0.46 Truck Driver
2005-06-02 Quartz, respirable, >1% Qtz 0.22 1.88 0.12 Crusher Oper/Worker
2005-01-20 Respirable dust, <.1mg 0 Crusher Oper/Worker
2005-01-20 Respirable dust, <.1mg 0 Truck Driver
2005-01-20 Respirable dust, <.1mg 0 Truck Driver
2003-08-06 Nuisance dust, respirable, <1% Qtz 0.32 10 0.03 Front-end Loader Operator
2003-08-06 Quartz, respirable, >1% Qtz 0.3 0.78 0.38 Truck Driver
2003-08-06 Respirable dust, <.1mg 0 Truck Driver
2003-08-06 Quartz, respirable, >1% Qtz 0.22 1.88 0.12 Crusher Oper/Worker
2003-08-06 Nuisance dust, respirable, <1% Qtz 0.12 10 0.01 Truck Driver
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. Galloway Limestone Company Inc 1950 to 1990
  2. Magruder Limestone Co 1990 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2022 0
2021 3
2020 5
2019 5
2018 3
2017 4
2016 6
2015 6
2014 10
2013 11
2012 8
2011 11
2010 12
2009 10
2008 6
2007 10
2006 11
2005 14
2004 9
2003 9
2002 8
2001 7
2000 6
Source: MSHA quarterly employment and production, updated weekly.

PORT #1 sits in Miller County, Missouri, where the Census mining category is 0.0% 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.
Miller County, Missouri · Population 25,081
0.0%
Mining share of county employment
$55,172
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
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q2 1,712 0 0 0.0
2021 Q1 2,177 4 0 1837.4
2020 Q4 2,927 0 0 0.0
2020 Q3 2,986 0 0 0.0
2020 Q2 2,638 2 0 758.2
2020 Q1 2,491 3 0 1204.3
Show 80 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2019 Q4 2,991 0 0 0.0
2019 Q3 1,722 4 0 2322.9
2019 Q2 2,538 0 0 0.0
2019 Q1 3,116 2 1 641.8
2018 Q4 1,243 0 0 0.0
2018 Q3 196 0 0 0.0
2018 Q2 107 0 0 0.0
2018 Q1 150 0 0 0.0
2017 Q4 661 1 0 1512.9
2017 Q3 864 0 0 0.0
2017 Q2 2,502 1 0 399.7
2017 Q1 2,162 0 0 0.0
2016 Q4 2,404 1 0 416.0
2016 Q3 3,061 1 0 326.7
2016 Q2 3,326 3 1 902.0
2016 Q1 2,390 1 0 418.4
2015 Q4 2,326 0 0 0.0
2015 Q3 2,487 0 0 0.0
2015 Q2 3,470 8 2 2305.5
2015 Q1 3,421 4 2 1169.2
2014 Q4 3,251 0 0 0.0
2014 Q3 4,900 7 3 1428.6
2014 Q2 4,934 0 0 0.0
2014 Q1 3,896 3 1 770.0
2013 Q4 4,586 0 0 0.0
2013 Q3 3,849 6 3 1558.8
2013 Q2 1,830 0 0 0.0
2013 Q1 1,254 2 1 1594.9
2012 Q4 1,645 0 0 0.0
2012 Q3 938 1 0 1066.1
2012 Q2 2,773 0 0 0.0
2012 Q1 2,451 0 0 0.0
2011 Q4 4,201 7 2 1666.3
2011 Q3 3,408 8 3 2347.4
2011 Q2 3,396 0 0 0.0
2011 Q1 2,537 8 1 3153.3
2010 Q4 3,193 0 0 0.0
2010 Q3 3,694 9 3 2436.4
2010 Q2 3,268 0 0 0.0
2010 Q1 2,399 4 1 1667.4
2009 Q4 2,381 0 0 0.0
2009 Q3 2,618 0 0 0.0
2009 Q2 3,569 2 1 560.4
2009 Q1 2,890 6 2 2076.1
2008 Q4 2,535 0 0 0.0
2008 Q3 3,432 0 0 0.0
2008 Q2 3,345 3 0 896.9
2008 Q1 2,811 0 0 0.0
2007 Q4 3,927 5 1 1273.2
2007 Q3 3,548 0 0 0.0
2007 Q2 4,458 0 0 0.0
2007 Q1 2,968 0 0 0.0
2006 Q4 3,808 1 0 262.6
2006 Q3 6,133 0 0 0.0
2006 Q2 4,286 1 0 233.3
2006 Q1 5,748 0 0 0.0
2005 Q4 6,868 0 0 0.0
2005 Q3 3,092 0 0 0.0
2005 Q2 2,525 0 0 0.0
2005 Q1 2,398 0 0 0.0
2004 Q4 5,884 0 0 0.0
2004 Q3 5,130 0 0 0.0
2004 Q2 2,019 1 0 495.3
2004 Q1 6,227 2 0 321.2
2003 Q4 3,863 0 0 0.0
2003 Q3 5,985 1 1 167.1
2003 Q2 4,424 0 0 0.0
2003 Q1 3,862 0 0 0.0
2002 Q4 5,672 0 0 0.0
2002 Q3 5,060 0 0 0.0
2002 Q2 3,559 0 0 0.0
2002 Q1 3,084 1 1 324.3
2001 Q4 3,058 0 0 0.0
2001 Q3 3,359 0 0 0.0
2001 Q2 3,333 0 0 0.0
2001 Q1 2,367 0 0 0.0
2000 Q4 1,982 0 0 0.0
2000 Q3 2,185 0 0 0.0
2000 Q2 2,908 3 0 1031.6
2000 Q1 440 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

13 on file

2019 · 1 incident

March 5, 2019 MO · Metal/Non-Metal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor HANDTOOLS (NONPOWERED)
Magruder Limestone Co · Over-exertion in wielding or throwing objects

Employee was using a 3lb hammer to perform maintenance on rollers. When employee lifted and started to swing hammer, EE sprained EE's right arm.

2016 · 2 incidents

August 10, 2016 MO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Magruder Limestone Co · Over-exertion in lifting objects

Strain in abdomen allegedly lifting a 100lb broken hammer tool bit.

2015 · 1 incident

December 7, 2015 MO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OTHER
Magruder Limestone Co · Struck by flying object

Replacing belt on equipment, wind blew dust in eyes.

2014 · 2 incidents

November 11, 2014 MO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Magruder Limestone Co · Over-exertion (Not Elsewhere Classified)

After cleaning cone crusher employee exited by pulling himself up to top. A shoulder sprain occurred with rotator cuff tendonitis. Corrective action will involve fabricating a portable ladder with attachments and non-slip rungs.

2011 · 1 incident

October 19, 2011 MO · Metal/Non-Metal outside foreman, leadman SLIP OR FALL OF PERSON
Magruder Limestone Co · Fall from machine

injured employee was stepping down from the bed of his pick up truck. ee missed the bumper, fell to the ground, caught his right foot on the bed rail and twisted his knee

2006 · 2 incidents

October 9, 2006 MO · Metal/Non-Metal superintendent HANDLING OF MATERIALS
Magruder Limestone Co · Struck by... (Not Elsewhere Classified)

Employee was helping to set a cone crusher and the crusher slipped cutting off the tip of his right thumb. Doctor is going to graft some skin on thumb and it should be fine.

January 23, 2006 MO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Magruder Limestone Co · Over-exertion in lifting objects

Employee was shoveling spilled rock from around plant and pulled a muscle in his back.

2004 · 1 incident

November 17, 2004 MO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Magruder Limestone Co · Over-exertion in pulling or pushing objects

Employee was pushing a radial stacking conveyor by hand and pulled his rib muscles.

2001 · 1 incident

February 26, 2001 MO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Magruder Limestone Co · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS CLIMBING DOWN OFF THE LOADER, STEPPED DOWN ON UNEVEN GROUND AND SPRAINED HIS ANKLE.

1997 · 1 incident

May 7, 1997 MO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Magruder Limestone Co · Caught in, under or between a moving and a stationary object

WAS REMOVING A DRAIN PLUG WITH WRENCH CAUGHT HIS FINGER BETWEEN WRENCH HANDLE AND FRAME WHEN THE PLUG CAME LOOSE.

1995 · 1 incident

November 17, 1995 MO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Magruder Limestone Co · Fall from ladders

EE WAS CLIMBING DOWN LADDER FROM FEEDER HOUSE & HE MISSED A STEP & FELL 10' TO GROUND. INJURED HIS RIBS.