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Portable #2: 94 MSHA citations Metal/Non-Metal

T F Luke & Sons Inc · Surface
Controlled by Thomas E Luke
Kimball, Brule County, SD  ·  Intermittent
MSHA Mine ID: 3901323

Portable #2 has $48K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
34
Years on record
1989–2021
Latest incident
May 2021
Compliance record
MSHA citations since 2000
94
citations
39
significant & substantial
$47,705
proposed penalties
$32,038
paid to date
67% of proposed penalties paid to date, a $15,667 gap.
Source: MSHA violations data, updated weekly.
See T F Luke & Sons Inc's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
41
inspections on record
586
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: 586 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 #2 has $48K in proposed MSHA penalties and $0 outstanding across 4 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.
$48K
proposed penalties
$32K
current assessed
$32K
paid to date
$0
outstanding
92 assessments are final orders; 4 contested dockets.
Of $36K in penalties contested before the Commission, $19K was upheld in final decisions.
As of the most recent assessment on 2025-02-11.
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.
42.4%
significant & substantial
13.0%
high negligence or reckless
41.3%
reasonably likely or greater
57.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.5% low, 80.4% moderate, 13.0% 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.
20 citations taken to the federal commission · 21% of citations on record
  • Settled 18 · 90%
  • Stood as issued 2 · 10%
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 17 decided S&S contests · industry: 79%
48%
Penalty reduction in decided contests
$36K proposed, $19K 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 2012-01-03.
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 2012-264M Settlement Steele 2013 $19K → $11K
CENT 2008-320M Settlement Manning 2009 $11K → $3K
CENT 2012-265M Settlement Steele 2013 $4K → $4K
CENT 2005-71M Prevail Manning 2005 $2K → $710
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: 2011-07-07, 15 years ago
0%
of limit-tested samples over the exposure limit
4
samples
4
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz4
Show the individual readings (4)
Date Contaminant Concentration Limit Conc / limit Occupation
2011-07-07 Quartz, respirable, >1% Qtz 0.25 1.07 0.23 Front-end Loader Operator
2011-07-07 Quartz, respirable, >1% Qtz 0.19 0.92 0.21 Crusher Oper/Worker
2006-06-13 Quartz, respirable, >1% Qtz 0.46 1.48 0.31 Crusher Oper/Worker
2006-06-13 Quartz, respirable, >1% Qtz 0.55 1.12 0.49 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. T F Luke & Sons Inc 1985 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 1
2025 2
2024 1
2023 2
2022 3
2021 3
2020 3
2019 3
2018 3
2017 4
2016 3
2015 4
2014 3
2013 3
2012 4
2011 4
2010 3
2009 3
2008 3
2007 5
2006 3
2005 4
2004 4
2003 3
2002 4
2001 3
2000 3
Source: MSHA quarterly employment and production, updated weekly.

Portable #2 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
2026 Q2 178 0 0 0.0
2026 Q1 30 0 0 0.0
2025 Q4 339 0 0 0.0
2025 Q3 557 0 0 0.0
2025 Q2 497 0 0 0.0
2025 Q1 83 1 0 12048.2
2024 Q4 0 0 0
2024 Q3 338 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 381 0 0 0.0
2024 Q1 0 0 0
2023 Q4 321 0 0 0.0
2023 Q3 646 0 0 0.0
2023 Q2 322 0 0 0.0
2023 Q1 0 0 0
2022 Q4 444 0 0 0.0
2022 Q3 793 0 0 0.0
2022 Q2 501 0 0 0.0
2022 Q1 48 0 0 0.0
2021 Q4 968 2 1 2066.1
2021 Q3 364 0 0 0.0
2021 Q2 154 1 0 6493.5
2021 Q1 157 0 0 0.0
2020 Q4 434 0 0 0.0
2020 Q3 1,584 3 1 1893.9
2020 Q2 1,229 0 0 0.0
2020 Q1 0 0 0
2019 Q4 536 0 0 0.0
2019 Q3 700 0 0 0.0
2019 Q2 883 0 0 0.0
2019 Q1 0 0 0
2018 Q4 537 0 0 0.0
2018 Q3 1,361 1 0 734.8
2018 Q2 1,066 0 0 0.0
2018 Q1 0 0 0
2017 Q4 743 0 0 0.0
2017 Q3 1,765 0 0 0.0
2017 Q2 1,759 6 1 3411.0
2017 Q1 32 0 0 0.0
2016 Q4 870 0 0 0.0
2016 Q3 1,782 5 1 2805.8
2016 Q2 736 0 0 0.0
2016 Q1 0 0 0
2015 Q4 1,157 0 0 0.0
2015 Q3 2,684 0 0 0.0
2015 Q2 2,533 0 0 0.0
2015 Q1 688 4 0 5814.0
2014 Q4 1,324 0 0 0.0
2014 Q3 3,196 1 1 312.9
2014 Q2 2,952 0 0 0.0
2014 Q1 0 0 0
2013 Q4 1,883 0 0 0.0
2013 Q3 3,127 0 0 0.0
2013 Q2 2,296 2 0 871.1
2013 Q1 0 0 0
2012 Q4 2,351 0 0 0.0
2012 Q3 3,408 0 0 0.0
2012 Q2 3,467 0 0 0.0
2012 Q1 505 0 0 0.0
2011 Q4 2,149 10 8 4653.3
2011 Q3 3,637 3 2 824.9
2011 Q2 3,165 0 0 0.0
2011 Q1 371 0 0 0.0
2010 Q4 1,823 0 0 0.0
2010 Q3 3,622 8 5 2208.7
2010 Q2 2,808 0 0 0.0
2010 Q1 0 0 0
2009 Q4 1,584 0 0 0.0
2009 Q3 3,228 0 0 0.0
2009 Q2 1,847 5 1 2707.1
2009 Q1 0 0 0
2008 Q4 1,960 0 0 0.0
2008 Q3 3,782 0 0 0.0
2008 Q2 2,505 3 0 1197.6
2008 Q1 0 0 0
2007 Q4 2,184 0 0 0.0
2007 Q3 3,133 0 0 0.0
2007 Q2 3,105 10 6 3220.6
2007 Q1 356 0 0 0.0
2006 Q4 480 0 0 0.0
2006 Q3 3,567 0 0 0.0
2006 Q2 3,159 2 0 633.1
2006 Q1 523 0 0 0.0
2005 Q4 2,019 0 0 0.0
2005 Q3 3,335 0 0 0.0
2005 Q2 2,633 0 0 0.0
2005 Q1 264 0 0 0.0
2004 Q4 2,567 6 3 2337.4
2004 Q3 2,902 3 0 1033.8
2004 Q2 2,601 0 0 0.0
2004 Q1 262 0 0 0.0
2003 Q4 1,865 0 0 0.0
2003 Q3 2,954 6 4 2031.1
2003 Q2 2,476 0 0 0.0
2003 Q1 0 0 0
2002 Q4 1,976 0 0 0.0
2002 Q3 2,970 0 0 0.0
2002 Q2 2,716 4 2 1472.8
2002 Q1 186 0 0 0.0
2001 Q4 2,232 0 0 0.0
2001 Q3 2,866 0 0 0.0
2001 Q2 2,189 0 0 0.0
2001 Q1 0 0 0
2000 Q4 923 0 0 0.0
2000 Q3 2,804 0 0 0.0
2000 Q2 1,925 5 3 2597.4
2000 Q1 638 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

34 on file

2021 · 1 incident

May 7, 2021 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)

At the end of the work day EE got out of the loader EE was running, when EE stepped down on the ground EE felt EE's left knee pop.

2017 · 1 incident

April 20, 2017 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 · Fall from machine

Getting off crusher tire, slipped, fell, landed on metal panel. Injured left upper thigh below buttock. Sore & bruised.

2016 · 1 incident

September 30, 2016 SD · Metal/Non-Metal crusher attendant/operator, pan feeder operator/worker SLIP OR FALL OF PERSON
T F Luke & Sons Inc · Fall from ladders

Climbing down ladder, missed bottom part, fell on butt and rolled over backwards. Hurt neck.

2015 · 3 incidents

September 11, 2015 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
T F Luke & Sons Inc · Struck against a moving object

Operating front end loader feeding crushing plant & bounced around enough that he put his back out of place. Went to chiropractor & got treatment.

June 19, 2015 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
T F Luke & Sons Inc · Over-exertion in lifting objects

Moving screens around & hurt back. Had chiropractor treatment 6/22/2015 am and feels much better.

May 12, 2015 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
T F Luke & Sons Inc · Struck by flying object

Shoveling gravel from under equipment and got something in his eye.

2013 · 3 incidents

November 20, 2013 SD · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer ELECTRICAL
T F Luke & Sons Inc · Absorption of radiations, caustics, toxic and noxious substances

Charging battery or doing something with battery and it blew up in face.

September 17, 2013 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
T F Luke & Sons Inc · Over-exertion in lifting objects

Working in tool van - hurt back - went to Chiropractor.

July 12, 2013 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OTHER
T F Luke & Sons Inc · Absorption of radiations, caustics, toxic and noxious substances

While greasing machinery he got bit & developed golf ball size lumps. Went to ER & they put in drains, bandaged & gave him a prescription for the infection.

2012 · 1 incident

May 23, 2012 SD · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
T F Luke & Sons Inc · Struck by... (Not Elsewhere Classified)

Working on equipment and got something in eye.

2011 · 3 incidents

July 9, 2011 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

EE said he was moving around big rocks (supt. said he wasn't moving big rocks - just operating loader) at gravel pit. Was sick on Monday (July 11, 2011). Went to doctor - doctor sent him to hospital for surgery - hernia.

June 20, 2011 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)

Prying on crusher with bar - slipped off hit him in head knocked him out for a few minutes - needed 4 stitches.

2010 · 1 incident

July 8, 2010 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
T F Luke & Sons Inc · Struck by... (Not Elsewhere Classified)

Port-a-pot in back end of pickup broke out the back window in pickup. Same time throughout the day a piece of glass got into EE's eye.

2009 · 1 incident

October 23, 2009 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
T F Luke & Sons Inc · Caught in, under or between (Not Elsewhere Classified)

Moving large rocks out of trap area & smashed index & middle fingers on left hand between 2 rocks. Needed stitches.

2008 · 1 incident

July 15, 2008 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman DISORDERS (PHYSICAL AGENTS)
T F Luke & Sons Inc · Contact with heat

He was working and went down to his knees, foreman took him to the emergency room at hosp. He was dehydrated and they kept him overnight and put him on IVS. He said dr told him to take a couple of days off. He returned to work on 7/21/08.

2007 · 2 incidents

July 16, 2007 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
T F Luke & Sons Inc · Over-exertion (Not Elsewhere Classified)

Using hammer knocking rocks loose and moving away from grizzly.

April 16, 2007 SD · Metal/Non-Metal superintendent SLIP OR FALL OF PERSON
T F Luke & Sons Inc · Fall from machine

Cleaning off screener on conveyor & slipped, broke left wrist & scraped skin off forearm, needed stitches.

2005 · 2 incidents

November 22, 2005 SD · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
T F Luke & Sons Inc · Over-exertion in pulling or pushing objects

OPENED UP DOOR ON TOOL VAN AND HURT BACK.

July 7, 2005 SD · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
T F Luke & Sons Inc · Struck by flying object

Working on trap on conveyor piece of metal slid down and hit his leg.

2004 · 2 incidents

July 2, 2004 SD · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman STEPPING OR KNEELING ON OBJECT
T F Luke & Sons Inc · Struck against stationary object

Walking to stacker conveyor to move it, stepped on a rock & twisted his knee.

May 13, 2004 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
T F Luke & Sons Inc · Over-exertion in lifting objects

Bent down and was lifting something and stretched lung.

2002 · 2 incidents

October 28, 2002 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator ELECTRICAL
T F Luke & Sons Inc · Flash burns (electric)

WHILE HOOKING UP CORDS FOR ELECTRIC MOTOR HE RECEIVED ELECTRICAL BURN.

January 7, 2002 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)

PUTTING GROUND ON GENERATOR & GOT SOMETHING IN EYE.

2000 · 1 incident

June 6, 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 · Fall to the walkway or working surface

TRIPPED AND FELL LANDING ON RIGHT ARM. ARM IS SORE BETWEEN ELBOW AND WRIST AND BUMP STARTED.

1999 · 1 incident

August 4, 1999 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
T F Luke & Sons Inc · Struck by... (Not Elsewhere Classified)

WHILE DOING MAINTENANCE ON EQUIPMENT EMPLOYEE WAS USING A HAMMER AND GOT HIS FINGER SMASHED. HE THEN RECEIVED STITCHES IN HIS FINGER.

1998 · 3 incidents

September 1, 1998 SD · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
T F Luke & Sons Inc · Struck against stationary object

EE WAS CLEANING VIBRATOR HOPPER AND CAUGHT HIS HAND ON A NICK IN THE IRON. THIS CUT HIS HAND & HE WAS TAKEN TO HOSPITAL WHERE HE RECEIVED STITCHES (4-5)

August 12, 1998 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 · Fall from machine

EE WAS WORKING UP ON ROCK CRUSHER REPAIRING SOMETHING WHEN HE KIND OF BLACKED OUT AND FELL. HE HURT HI KNEE, WHICH IS SOMEWHAT MECHANICAL

July 7, 1998 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator DISORDERS (PHYSICAL AGENTS)
T F Luke & Sons Inc · Contact with heat

WORKING IN THE WARM HUMID WEATHER CONDITIONS, THE EE BECAME LIGHT HEADED WITH AN UPSET STOMACH.

1997 · 2 incidents

August 15, 1997 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 · Fall from machine

HE HAD MUS ON SHOES AND SLIPPED OFF LOADER TIRE AND LANDED ON HIS LEFT ARM, PULLING LIGAMENT.

July 14, 1997 SD · Metal/Non-Metal superintendent HANDLING OF MATERIALS
T F Luke & Sons Inc · Over-exertion in pulling or pushing objects

PULLING A CHUTE ON THE CRUSHER & KNOCKED OUT 3 VERTEBRAE BETWEEN ENCK & SHOULDER BLADE.

1996 · 1 incident

October 3, 1996 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 falling object

REMOVED EXHAUST PIPE AND GOT RUST PARTICLES IN EYE.

1992 · 1 incident

August 19, 1992 SD · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
T F Luke & Sons Inc · Caught in, under or between (Not Elsewhere Classified)

96339NG BLOCK OUT FROM UNDER CONVEYOR AND BLOCK SQUEEZED FINGERS CUTTING IT.

1989 · 1 incident

May 17, 1989 SD · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
T F Luke & Sons Inc · Struck by... (Not Elsewhere Classified)

WORKING ON DOZER CABLE IT FRAYED AND ONE STRAND STUCK THE BACK OF HAND.