Mining Incidents

Portable 1: 107 MSHA citations Metal/Non-Metal

Controlled by Matthew Chavarria
Lyons, Marion County, OR  ·  Abandoned
MSHA Mine ID: 3503532

Portable 1 has $102K in proposed MSHA penalties and $0 outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2011
Latest incident
Mar 2011
Compliance record
MSHA citations since 2003
107
citations
37
significant & substantial
$102,273
proposed penalties
$67,442
paid to date
66% of proposed penalties paid to date, a $34,831 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
31
inspections on record
439
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: 439 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: 2013-06-12.
On record since 2013.
Source: MSHA imminent-danger order records, updated weekly.

Portable 1 has $102K in proposed MSHA penalties and $0 outstanding across 7 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.
$102K
proposed penalties
$67K
current assessed
$67K
paid to date
$0
outstanding
106 assessments are final orders; 7 contested dockets.
Of $81K in penalties contested before the Commission, $44K was upheld in final decisions.
As of the most recent assessment on 2025-08-13.
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.
34.9%
significant & substantial
27.4%
high negligence or reckless
34.9%
reasonably likely or greater
68.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.0% low, 56.6% moderate, 27.4% 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.
19 citations taken to the federal commission · 18% of citations on record
  • Settled 14 · 74%
  • Stood as issued 4 · 21%
  • Vacated or withdrawn 1 · 5%
93%
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 15 decided S&S contests · industry: 79%
45%
Penalty reduction in decided contests
$81K proposed, $44K 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 2018-08-30.
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 2017-0076 Settlement Miller 2017 $34K → $17K
WEST 2017-292M Settlement Lesnick 2018 $28K → $14K
WEST 2017-0393 Settlement Manning 2017 $9K → $7K
WEST 2014-0358 Settlement Lesnick 2015 $6K → $4K
WEST 2018-269M Settlement Lesnick 2018 $2K → $1K
WEST 2017-0392 Default Lesnick 2017 $504 → $504
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: 2025-02-26
7
samples
0
limit-tested
Most sampled contaminants
  • Unlisted Particulate, respirable, <1% Qtz4
  • Respirable dust, <.1mg2
  • Quartz, respirable, >1% Qtz1
Show the individual readings (7)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-02-26 Respirable dust, <.1mg 0 Front-end Loader Operator
2025-02-26 Quartz, respirable, >1% Qtz 0.17 Crusher Oper/Worker
2015-02-05 Unlisted Particulate, respirable, <1% Qtz 0.15 Supervisor, Co. Official
2015-02-05 Unlisted Particulate, respirable, <1% Qtz 0.47 Front-end Loader Operator
2009-10-14 Unlisted Particulate, respirable, <1% Qtz 0.48 Truck Driver
2009-10-14 Unlisted Particulate, respirable, <1% Qtz 0.23 Crusher Oper/Worker
2009-10-14 Respirable dust, <.1mg 0 Front-end Loader Operator
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. Chavarria Construction Inc 2001 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 0
2025 5
2024 5
2023 4
2022 0
2021 0
2020 3
2019 2
2018 5
2017 3
2016 3
2015 3
2014 2
2013 2
2012 1
2011 9
2010 3
2009 4
2008 1
2007 1
2006 0
2005 0
2004 0
2003 2
2002 0
2001 2
Source: MSHA quarterly employment and production, updated weekly.

Portable 1 sits in Marion County, Oregon, 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.
Marion County, Oregon · Population 346,532
0.0%
Mining share of county employment
$74,624
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 0 0 0
2026 Q1 0 0 0
2025 Q4 473 0 0 0.0
2025 Q3 665 1 0 1503.8
2025 Q2 498 0 0 0.0
2025 Q1 754 2 0 2652.5
2024 Q4 477 0 0 0.0
2024 Q3 863 0 0 0.0
Show 91 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 1,128 2 0 1773.0
2024 Q1 322 0 0 0.0
2023 Q4 1,051 0 0 0.0
2023 Q3 820 10 0 12195.1
2023 Q2 713 13 6 18232.8
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 0 0 0
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 1,846 0 0 0.0
2020 Q1 145 0 0 0.0
2019 Q4 419 0 0 0.0
2019 Q3 542 0 0 0.0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 1,275 2 0 1568.6
2018 Q3 251 1 0 3984.1
2018 Q2 763 0 0 0.0
2018 Q1 770 0 0 0.0
2017 Q4 0 0 0
2017 Q3 410 0 0 0.0
2017 Q2 728 0 0 0.0
2017 Q1 1,406 4 2 2845.0
2016 Q4 508 0 0 0.0
2016 Q3 1,460 2 0 1369.9
2016 Q2 1,512 13 9 8597.9
2016 Q1 860 2 1 2325.6
2015 Q4 1,084 0 0 0.0
2015 Q3 442 3 0 6787.3
2015 Q2 868 0 0 0.0
2015 Q1 1,029 6 1 5830.9
2014 Q4 1,056 0 0 0.0
2014 Q3 1,174 3 0 2555.4
2014 Q2 1,024 0 0 0.0
2014 Q1 989 0 0 0.0
2013 Q4 773 0 0 0.0
2013 Q3 995 0 0 0.0
2013 Q2 1,524 11 4 7217.8
2013 Q1 0 0 0
2012 Q4 564 0 0 0.0
2012 Q3 172 4 3 23255.8
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 1,077 0 0 0.0
2011 Q3 4,420 0 0 0.0
2011 Q2 4,939 0 0 0.0
2011 Q1 4,794 2 1 417.2
2010 Q4 646 0 0 0.0
2010 Q3 1,047 0 0 0.0
2010 Q2 1,001 0 0 0.0
2010 Q1 616 0 0 0.0
2009 Q4 1,038 7 3 6743.7
2009 Q3 1,006 0 0 0.0
2009 Q2 2,038 0 0 0.0
2009 Q1 330 3 1 9090.9
2008 Q4 315 0 0 0.0
2008 Q3 0 0 0
2008 Q2 0 0 0
2008 Q1 0 0 0
2007 Q4 0 0 0
2007 Q3 0 0 0
2007 Q2 0 0 0
2007 Q1 288 4 0 13888.9
2006 Q4 0 0 0
2006 Q3 0 0 0
2006 Q2 0 0 0
2006 Q1 0 0 0
2005 Q4 0 0 0
2005 Q3 0 0 0
2005 Q2 0 0 0
2005 Q1 0 0 0
2004 Q4 0 0 0
2004 Q3 0 0 0
2004 Q2 0 0 0
2004 Q1 0 0 0
2003 Q4 203 1 0 4926.1
2003 Q3 84 0 0 0.0
2003 Q2 0 0 0
2003 Q1 53 1 0 18867.9
2002 Q3 0 0 0
2002 Q2 0 0 0
2002 Q1 0 0 0
2001 Q4 0 0 0
2001 Q3 289 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2011 · 1 incident

March 4, 2011 OR · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OTHER
Chavarria Construction Inc · Struck by... (Not Elsewhere Classified)

EE not sure of what happened other than his eye began to bother him. EE was sent to the doctor the following Wed. due to his eye condition. SAIF has been investigating this incident and has turned this case over to the Infectious Disease Control Dept. on 4/13/11 due to the nature of the eye infection.