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PORTABLE #1: 52 MSHA citations Metal/Non-Metal

Controlled by Gary Baker; Jim Baker
Hermosa, Custer County, SD  ·  Abandoned
MSHA Mine ID: 3901458

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

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Fatalities
0
Total incidents
1
Years on record
2009
Latest incident
Mar 2009
Compliance record
MSHA citations since 2004
52
citations
13
significant & substantial
$6,719
proposed penalties
$6,475
paid to date
96% of proposed penalties paid to date, a $244 gap.
Source: MSHA violations data, updated weekly.
See BADLANDS SAND & GRAVEL's full MSHA compliance history →
Inspection activity
MSHA inspections since 2003
41
inspections on record
419
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: 419 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

PORTABLE #1 has $7K in proposed MSHA penalties and $0 outstanding across 1 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.
$7K
proposed penalties
$6K
current assessed
$6K
paid to date
$0
outstanding
52 assessments are final orders; 1 contested dockets.
Of $686 in penalties contested before the Commission, $442 was upheld in final decisions.
As of the most recent assessment on 2024-06-18.
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.
25.0%
significant & substantial
0.0%
high negligence or reckless
25.0%
reasonably likely or greater
67.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.5% low, 88.5% moderate, 0.0% 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.
4 citations taken to the federal commission · 8% of citations on record
  • Settled 2 · 50%
  • Stood as issued 2 · 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%
36%
Penalty reduction in decided contests
$686 proposed, $442 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 2011-01-05.
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 2011-327M Dismissal Tureck 2011 $686 → $442
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: 2025-08-26
4
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg4
Show the individual readings (4)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-08-26 Respirable dust, <.1mg 0 Crusher Oper/Worker
2019-08-20 Respirable dust, <.1mg 0 Front-end Loader Operator
2019-08-20 Respirable dust, <.1mg 0 Crusher Oper/Worker
2009-09-29 Respirable dust, <.1mg 0 Crusher Oper/Worker

Area samples (mill and shop air)

Last sampled: 2014-11-05, 11 years ago
1
samples
Show the individual readings (1)
Date Contaminant Concentration Limit Conc / limit Area sampled
2014-11-05 Respirable dust, <.1mg 0 SF GENERAL
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. Badlands Sand & Gravel 2001 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 2
2025 2
2024 2
2023 2
2022 1
2021 2
2020 3
2019 2
2018 2
2017 2
2016 2
2015 2
2014 2
2013 2
2012 2
2011 2
2010 1
2009 2
2008 2
2007 2
2006 2
2005 2
2004 2
2003 2
2002 1
Source: MSHA quarterly employment and production, updated weekly.

PORTABLE #1 sits in Custer County, South Dakota, where the Census mining category is 2.8% 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.
Custer County, South Dakota · Population 8,686
2.8%
Mining share of county employment
$81,958
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 Q1 310 0 0 0.0
2025 Q4 644 0 0 0.0
2025 Q3 874 0 0 0.0
2025 Q2 709 0 0 0.0
2025 Q1 510 0 0 0.0
2024 Q4 720 0 0 0.0
2024 Q3 764 0 0 0.0
2024 Q2 895 2 0 2234.6
Show 88 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 796 0 0 0.0
2023 Q4 857 0 0 0.0
2023 Q3 721 0 0 0.0
2023 Q2 669 0 0 0.0
2023 Q1 0 0 0
2022 Q4 356 0 0 0.0
2022 Q3 708 0 0 0.0
2022 Q2 521 0 0 0.0
2022 Q1 384 0 0 0.0
2021 Q4 766 0 0 0.0
2021 Q3 964 0 0 0.0
2021 Q2 837 1 0 1194.7
2021 Q1 482 2 1 4149.4
2020 Q4 1,234 0 0 0.0
2020 Q3 1,129 0 0 0.0
2020 Q2 971 1 0 1029.9
2020 Q1 912 0 0 0.0
2019 Q4 821 2 0 2436.1
2019 Q3 1,029 4 1 3887.3
2019 Q2 829 0 0 0.0
2019 Q1 377 1 0 2652.5
2018 Q4 830 0 0 0.0
2018 Q3 957 4 0 4179.7
2018 Q2 854 0 0 0.0
2018 Q1 774 0 0 0.0
2017 Q4 826 4 2 4842.6
2017 Q3 598 0 0 0.0
2017 Q2 691 0 0 0.0
2017 Q1 608 2 0 3289.5
2016 Q4 510 0 0 0.0
2016 Q3 413 0 0 0.0
2016 Q2 680 0 0 0.0
2016 Q1 502 0 0 0.0
2015 Q4 703 4 0 5689.9
2015 Q3 822 0 0 0.0
2015 Q2 661 0 0 0.0
2015 Q1 313 0 0 0.0
2014 Q4 586 0 0 0.0
2014 Q3 792 0 0 0.0
2014 Q2 485 0 0 0.0
2014 Q1 107 0 0 0.0
2013 Q4 388 3 0 7732.0
2013 Q3 826 0 0 0.0
2013 Q2 488 0 0 0.0
2013 Q1 652 1 0 1533.7
2012 Q4 540 0 0 0.0
2012 Q3 1,060 0 0 0.0
2012 Q2 917 0 0 0.0
2012 Q1 916 0 0 0.0
2011 Q4 930 2 0 2150.5
2011 Q3 894 0 0 0.0
2011 Q2 647 0 0 0.0
2011 Q1 37 0 0 0.0
2010 Q4 480 6 4 12500.0
2010 Q3 838 0 0 0.0
2010 Q2 0 0 0
2010 Q1 41 1 0 24390.2
2009 Q4 722 0 0 0.0
2009 Q3 1,139 1 1 878.0
2009 Q2 654 0 0 0.0
2009 Q1 857 0 0 0.0
2008 Q4 848 5 2 5896.2
2008 Q3 354 0 0 0.0
2008 Q2 719 0 0 0.0
2008 Q1 852 0 0 0.0
2007 Q4 881 1 0 1135.1
2007 Q3 500 0 0 0.0
2007 Q2 1,046 0 0 0.0
2007 Q1 89 0 0 0.0
2006 Q4 651 0 0 0.0
2006 Q3 1,081 0 0 0.0
2006 Q2 1,008 2 0 1984.1
2006 Q1 883 0 0 0.0
2005 Q4 776 0 0 0.0
2005 Q3 999 0 0 0.0
2005 Q2 597 0 0 0.0
2005 Q1 242 0 0 0.0
2004 Q4 893 2 2 2239.6
2004 Q3 1,038 0 0 0.0
2004 Q2 681 0 0 0.0
2004 Q1 1,131 1 0 884.2
2003 Q4 287 0 0 0.0
2003 Q3 435 0 0 0.0
2003 Q2 37 0 0 0.0
2003 Q1 29 0 0 0.0
2002 Q4 55 0 0 0.0
2002 Q3 0 0 0
2002 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2009 · 1 incident

March 2, 2009 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Badlands Sand & Gravel · Over-exertion (Not Elsewhere Classified)

EE was walking across yard and slipped in the mud and sprained his ankle. We sent him to Urgent Care. They cleared him for work 3-3-09 with no restrictions.