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Portable #1: 139 MSHA citations Metal/Non-Metal

T F Luke & Sons Inc · Surface
Controlled by Thomas E Luke
Kimball, Brule County, SD  ·  Abandoned
MSHA Mine ID: 3901022

Portable #1 has $98K in proposed MSHA penalties and $0 outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
16
Years on record
1987–2018
Latest incident
May 2018
Compliance record
MSHA citations since 2000
139
citations
51
significant & substantial
$97,664
proposed penalties
$57,177
paid to date
59% of proposed penalties paid to date, a $40,487 gap.
Source: MSHA violations data, updated weekly.
See T F Luke & Sons Inc's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
58
inspections on record
730
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: 730 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: 2015-06-16.
On record since 2015.
Source: MSHA imminent-danger order records, updated weekly.

Portable #1 has $98K in proposed MSHA penalties and $0 outstanding across 6 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.
$98K
proposed penalties
$57K
current assessed
$57K
paid to date
$0
outstanding
125 assessments are final orders; 6 contested dockets.
Of $74K in penalties contested before the Commission, $34K was upheld in final decisions.
As of the most recent assessment on 2021-05-11.
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.
40.2%
significant & substantial
22.0%
high negligence or reckless
40.2%
reasonably likely or greater
56.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.1% low, 74.8% moderate, 19.7% high, 2.4% 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.
33 citations taken to the federal commission · 24% of citations on record
  • Settled 33 · 100%
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 19 decided S&S contests · industry: 79%
56%
Penalty reduction in decided contests
$80K proposed, $35K 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 2010-06-23.
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 2008-169M Settlement Manning 2009 $45K → $11K
CENT 2010-413M Settlement Augustine 2011 $13K → $10K
CENT 2010-414M Settlement Augustine 2011 $8K → $6K
CENT 2010-910M Settlement Paez 2012 $4K → $4K
CENT 2010-81M Settlement Augustine 2011 $4K → $3K
CENT 2005-72M Prevail Manning 2005 $120 → $120
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: 2011-07-26, 15 years ago
67%
of limit-tested samples over the exposure limit
7
samples
6
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz64 over
  • Respirable dust, <.1mg1
Show the individual readings (7)
Date Contaminant Concentration Limit Conc / limit Occupation
2008-07-31 Quartz, respirable, >1% Qtz 1.24 0.38 3.26 Front-end Loader Operator
2008-07-31 Quartz, respirable, >1% Qtz 1.61 0.5 3.22 Front-end Loader Operator
2006-09-12 Quartz, respirable, >1% Qtz 1.47 0.8 1.84 Front-end Loader Operator
2006-09-12 Quartz, respirable, >1% Qtz 0.73 0.64 1.14 Crusher Oper/Worker
2011-07-26 Quartz, respirable, >1% Qtz 0.13 0.88 0.15 Front-end Loader Operator
2011-07-26 Respirable dust, <.1mg 0 Crusher Oper/Worker
2008-07-31 Quartz, respirable, >1% Qtz 0.2 0.35 0.57 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. T F Luke & Sons Inc 1950 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2023 0
2022 0
2021 2
2020 1
2019 2
2018 2
2017 3
2016 3
2015 4
2014 2
2013 2
2012 4
2011 3
2010 3
2009 3
2008 2
2007 5
2006 5
2005 7
2004 7
2003 8
2002 9
2001 8
2000 7
Source: MSHA quarterly employment and production, updated weekly.

Portable #1 sits in Brule County, South Dakota, where the Census mining category is 0.3% 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.
Brule County, South Dakota · Population 5,261
0.3%
Mining share of county employment
$74,043
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
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 0 0 0
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
Show 88 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q4 8 0 0 0.0
2021 Q3 711 0 0 0.0
2021 Q2 742 1 0 1347.7
2021 Q1 0 0 0
2020 Q4 258 1 0 3876.0
2020 Q3 1,435 5 0 3484.3
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 1,116 7 3 6272.4
2019 Q2 496 0 0 0.0
2019 Q1 0 0 0
2018 Q4 545 0 0 0.0
2018 Q3 1,189 1 0 841.0
2018 Q2 1,086 0 0 0.0
2018 Q1 0 0 0
2017 Q4 808 0 0 0.0
2017 Q3 1,724 2 0 1160.1
2017 Q2 922 7 3 7592.2
2017 Q1 0 0 0
2016 Q4 1,048 0 0 0.0
2016 Q3 1,838 10 0 5440.7
2016 Q2 1,231 0 0 0.0
2016 Q1 39 0 0 0.0
2015 Q4 1,294 0 0 0.0
2015 Q3 1,994 0 0 0.0
2015 Q2 2,152 14 6 6505.6
2015 Q1 285 0 0 0.0
2014 Q4 1,133 0 0 0.0
2014 Q3 1,970 2 0 1015.2
2014 Q2 1,163 0 0 0.0
2014 Q1 0 0 0
2013 Q4 714 0 0 0.0
2013 Q3 2,102 0 0 0.0
2013 Q2 1,240 0 0 0.0
2013 Q1 0 0 0
2012 Q4 1,686 1 1 593.1
2012 Q3 2,413 12 4 4973.1
2012 Q2 2,499 0 0 0.0
2012 Q1 478 0 0 0.0
2011 Q4 2,054 0 0 0.0
2011 Q3 2,807 2 0 712.5
2011 Q2 1,508 0 0 0.0
2011 Q1 0 1 0
2010 Q4 1,360 0 0 0.0
2010 Q3 2,862 0 0 0.0
2010 Q2 1,906 1 1 524.7
2010 Q1 0 0 0
2009 Q4 1,001 17 6 16983.0
2009 Q3 2,594 3 2 1156.5
2009 Q2 2,075 0 0 0.0
2009 Q1 0 0 0
2008 Q4 1,034 0 0 0.0
2008 Q3 2,426 3 2 1236.6
2008 Q2 1,112 0 0 0.0
2008 Q1 0 1 0
2007 Q4 3,238 0 0 0.0
2007 Q3 3,878 8 4 2062.9
2007 Q2 3,381 11 4 3253.5
2007 Q1 1,409 0 0 0.0
2006 Q4 2,710 0 0 0.0
2006 Q3 3,534 3 1 848.9
2006 Q2 3,991 0 0 0.0
2006 Q1 1,479 0 0 0.0
2005 Q4 4,276 0 0 0.0
2005 Q3 4,392 0 0 0.0
2005 Q2 3,526 2 2 567.2
2005 Q1 1,936 0 0 0.0
2004 Q4 3,483 0 0 0.0
2004 Q3 4,883 2 0 409.6
2004 Q2 4,952 0 0 0.0
2004 Q1 2,775 0 0 0.0
2003 Q4 4,498 0 0 0.0
2003 Q3 5,341 9 4 1685.1
2003 Q2 4,904 0 0 0.0
2003 Q1 2,824 0 0 0.0
2002 Q4 4,702 0 0 0.0
2002 Q3 5,867 0 0 0.0
2002 Q2 5,591 0 0 0.0
2002 Q1 3,313 0 0 0.0
2001 Q4 4,571 0 0 0.0
2001 Q3 4,741 0 0 0.0
2001 Q2 4,931 0 0 0.0
2001 Q1 3,344 0 0 0.0
2000 Q4 3,873 0 0 0.0
2000 Q3 5,047 1 0 198.1
2000 Q2 4,978 10 6 2008.8
2000 Q1 3,222 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

16 on file

2018 · 1 incident

May 21, 2018 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
T F Luke & Sons Inc · Over-exertion (Not Elsewhere Classified)

Using bar to pry rock out of field conveyor & hurt lower back.

2006 · 1 incident

August 14, 2006 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
T F Luke & Sons Inc · Caught in, under or between a moving and a stationary object

Working on machinery - swinging sledge hammer. Finger got between hammer handle & piece of iron & fractured finger.

2004 · 1 incident

November 8, 2004 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
T F Luke & Sons Inc · Caught in, under or between (Not Elsewhere Classified)

Glove got caught in chain and hurt finger. did not break it or dislocate it just hurt. doctor put splint on it and sent him home.

2000 · 1 incident

August 21, 2000 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
T F Luke & Sons Inc · Over-exertion (Not Elsewhere Classified)

GETTING DOWN FROM LOADER, HE STEPPED FROM THE BOTTOM STEP ONTO THE GROUND AND HURT HIS RIGHT KNEE. DISLOCATED IT? WENT TO THE DOCTOR AND WAS PUT IN A BRACE.

1999 · 2 incidents

September 16, 1999 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
T F Luke & Sons Inc · Caught in, under or between (Not Elsewhere Classified)

WHILE CLEANING GRAVEL AWAY FROM ROLLERS ARM GOT CAUGHT BETWEEN ROLLER & BELT. EE WENT TO HOSPITAL TO GET XRAY TAKEN NOTHING CRACKED OR BROKEN JUST SORE. STAYED HOME ON 9/17 (NEXT DAY) BECAUSE SUPT. TOLD HIM TO BECAUSE HE HAS PLENTY OF HELP AT PIT

September 13, 1999 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
T F Luke & Sons Inc · Struck by... (Not Elsewhere Classified)

WHILE CLEANING BUILD UP FROM HOPPER A BIG CHUNK OF MATERIAL WAS KNOCKED LOOSE AND HIT EE IN THE LEG-KNEE AREA. WENT TO EMERGENCY ROOM AT HOSPITAL THAT NIGHT, NOTHING CRACKED OR BROKE.

1997 · 2 incidents

September 9, 1997 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
T F Luke & Sons Inc · Over-exertion (Not Elsewhere Classified)

EE WAS USING A BAR TO POKE THE FIELD CONVEYOR TRAP TO GET IT UNPLUGGED SO MATERIAL WOULD FEED THROUGH. WHEN HE GOT BACK INTO HIS LOADER HIS ARM STARTED HURTING AND THEN MOVED INTO HIS SHOULDER AND MADE 3 FINGERS GO NUMB ON RIGHT SIDE.

June 24, 1997 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
T F Luke & Sons Inc · Struck against a moving object

HIT A ROCK WITH THE LOADER & BUMPED HEAD IN LOADER.

1996 · 1 incident

November 13, 1996 SD · Metal/Non-Metal loader head operator, roscoe operator HANDLING OF MATERIALS
T F Luke & Sons Inc · Over-exertion (Not Elsewhere Classified)

LIFTING TRAP DOOR ON FIELD CONVEYOR AND PUT OUT 4TH VERTEBRA.

1995 · 1 incident

November 6, 1995 SD · Metal/Non-Metal superintendent SLIP OR FALL OF PERSON
T F Luke & Sons Inc · Fall to the walkway or working surface

WAS PUTTING CLIPS ON BELT OF CONVEYOR, STANDING ON SIDE OF CONVEYOR AND FOOT SLIPPED AND FELL.

1994 · 1 incident

June 28, 1994 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator MACHINERY
T F Luke & Sons Inc · Flash burns (welding)

HAD FLASH BURN FROM WELDING HE WAS WEARING A HELEMT.

1993 · 1 incident

June 15, 1993 SD · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
T F Luke & Sons Inc · Struck against stationary object

BACKED INTO A ROCK WITH LOADER WAS TAKING A BUCKET OF GRAVEL UPTO THE TRAP ON CONVEYOR & WHEN BACKING UP TO GET ANOTHER BUCKET BACKED INTO A ROCK DIDN'T SEE IT.

1991 · 1 incident

July 24, 1991 SD · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY
T F Luke & Sons Inc · Struck by falling object

ROCK FELL OFF CRUSHER HITTING LEG AND FELL TO GROUND. HE NEVER TURNED THIS IN AND WE WERE NOT AT HOME THAT WEEK AND DIDN'T KNOW ABOUT IT UNTIL THE BILL CAME FROM THE HOSPITAL FOR THE EMERGENCY ROOM. HE NEVER WENT TO THE DOCTOR TILL THE NEXT DAY.

1990 · 1 incident

June 29, 1990 SD · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
T F Luke & Sons Inc · Struck by... (Not Elsewhere Classified)

HAMMERING ON A PIECE OF STEEL HIT ARM BUT NONE WAS FOUND.

1988 · 1 incident

August 8, 1988 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
T F Luke & Sons Inc · Struck against stationary object

WAS TIGHTENING CONVEYOR BELT ON TOP AND MOVED TO GET A BETTER POSITION AND REACHED BACK WITH HAND TO STEADY HIMSELF AND FINGER WENT INTO SMALL HOLE WHERE FAN BLADE WAS MOTOR OR FAN BLADE WAS N OT IN MOTION AT TIME POWER WAS SHUT OFF BLADE WAS SHARP AND THAT WAS WHAT CUT HIS FINGER

1987 · 1 incident

September 17, 1987 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
T F Luke & Sons Inc · Struck by rolling or sliding object

CLEARING ROCK O6T OF CONVEYOR ANOTHER ROCK SLID DOWN SMASHED FINGER REQ STITCHES.