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Portable #2: 31 MSHA citations Metal/Non-Metal

New Berlin, Waukesha County, WI  ·  Active
MSHA Mine ID: 4702547

Portable #2 has $5K 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
6
Years on record
1994–2024
Latest incident
May 2024
Compliance record
MSHA citations since 2001
31
citations
8
significant & substantial
$5,174
proposed penalties
$3,417
paid to date
66% of proposed penalties paid to date, a $1,757 gap.
Source: MSHA violations data, updated weekly.
See Johnson Sand & Gravel Incorporated's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
49
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.

Portable #2 has $5K 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.
$5K
proposed penalties
$3K
current assessed
$3K
paid to date
$0
outstanding
31 assessments are final orders; 1 contested dockets.
Of $2K in penalties contested before the Commission, $243 was upheld in final decisions.
As of the most recent assessment on 2026-03-05.
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.
25.8%
significant & substantial
3.2%
high negligence or reckless
25.8%
reasonably likely or greater
32.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 12.9% low, 83.9% moderate, 3.2% 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.
1 citations taken to the federal commission · 3% of citations on record
  • Settled 1 · 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 1 decided S&S contests · industry: 79%
88%
Penalty reduction in decided contests
$2K proposed, $243 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 2010-11-09.
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
LAKE 2011-109M Settlement Lesnick 2011 $2K → $243
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: 2019-10-23, 6 years ago
0%
of limit-tested samples over the exposure limit
7
samples
1
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg4
  • Unlisted Particulate, respirable, <1% Qtz2
  • Quartz, respirable, >1% Qtz1
Show the individual readings (7)
Date Contaminant Concentration Limit Conc / limit Occupation
2019-10-23 Respirable dust, <.1mg 0 Backhoe Operator
2019-10-23 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2019-10-23 Respirable dust, <.1mg 0 Front-end Loader Operator
2013-05-22 Unlisted Particulate, respirable, <1% Qtz 0.37 Front-end Loader Operator
2013-05-22 Quartz, respirable, >1% Qtz 0.19 0.91 0.21 Laborer, Bullgang
2013-05-22 Unlisted Particulate, respirable, <1% Qtz 0.39 Front-end Loader Operator
2010-04-22 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. Johnson Sand & Gravel Incorporated 1978 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 4
2025 2
2024 2
2023 2
2022 3
2021 4
2020 4
2019 4
2018 3
2017 4
2016 4
2015 4
2014 3
2013 3
2012 2
2011 2
2010 1
2009 3
2008 4
2007 3
2006 5
2005 3
2004 3
2003 2
2002 3
2001 2
2000 2
Source: MSHA quarterly employment and production, updated weekly.

Portable #2 sits in Waukesha County, Wisconsin, where the Census mining category is 0.1% 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.
Waukesha County, Wisconsin · Population 409,040
0.1%
Mining share of county employment
$104,100
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 2,267 0 0 0.0
2026 Q1 1,049 1 0 953.3
2025 Q4 1,320 0 0 0.0
2025 Q3 1,148 1 0 871.1
2025 Q2 1,213 0 0 0.0
2025 Q1 1,195 0 0 0.0
2024 Q4 731 0 0 0.0
2024 Q3 921 1 1 1085.8
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 963 0 0 0.0
2024 Q1 976 2 0 2049.2
2023 Q4 1,129 0 0 0.0
2023 Q3 1,224 0 0 0.0
2023 Q2 1,169 0 0 0.0
2023 Q1 585 0 0 0.0
2022 Q4 990 0 0 0.0
2022 Q3 1,175 1 0 851.1
2022 Q2 1,612 0 0 0.0
2022 Q1 1,398 0 0 0.0
2021 Q4 1,424 0 0 0.0
2021 Q3 1,731 0 0 0.0
2021 Q2 2,350 1 0 425.5
2021 Q1 1,993 0 0 0.0
2020 Q4 2,349 0 0 0.0
2020 Q3 1,762 1 0 567.5
2020 Q2 1,629 0 0 0.0
2020 Q1 1,144 0 0 0.0
2019 Q4 1,598 0 0 0.0
2019 Q3 2,550 0 0 0.0
2019 Q2 2,231 0 0 0.0
2019 Q1 1,275 0 0 0.0
2018 Q4 1,876 0 0 0.0
2018 Q3 2,678 0 0 0.0
2018 Q2 1,675 0 0 0.0
2018 Q1 694 0 0 0.0
2017 Q4 1,760 3 1 1704.5
2017 Q3 2,263 0 0 0.0
2017 Q2 2,469 0 0 0.0
2017 Q1 1,062 0 0 0.0
2016 Q4 2,256 0 0 0.0
2016 Q3 2,451 0 0 0.0
2016 Q2 2,534 0 0 0.0
2016 Q1 1,608 1 0 621.9
2015 Q4 2,239 0 0 0.0
2015 Q3 2,954 0 0 0.0
2015 Q2 1,747 0 0 0.0
2015 Q1 939 0 0 0.0
2014 Q4 1,637 1 0 610.9
2014 Q3 2,120 0 0 0.0
2014 Q2 1,279 0 0 0.0
2014 Q1 257 0 0 0.0
2013 Q4 1,835 0 0 0.0
2013 Q3 2,455 0 0 0.0
2013 Q2 1,464 0 0 0.0
2013 Q1 0 0 0
2012 Q4 1,129 0 0 0.0
2012 Q3 1,072 0 0 0.0
2012 Q2 487 0 0 0.0
2012 Q1 0 0 0
2011 Q4 933 0 0 0.0
2011 Q3 1,536 0 0 0.0
2011 Q2 1,552 1 0 644.3
2011 Q1 0 0 0
2010 Q4 630 0 0 0.0
2010 Q3 744 0 0 0.0
2010 Q2 1,027 3 3 2921.1
2010 Q1 0 0 0
2009 Q4 1,657 0 0 0.0
2009 Q3 2,723 0 0 0.0
2009 Q2 1,179 0 0 0.0
2009 Q1 906 0 0 0.0
2008 Q4 1,097 0 0 0.0
2008 Q3 3,182 0 0 0.0
2008 Q2 2,751 0 0 0.0
2008 Q1 333 0 0 0.0
2007 Q4 1,217 0 0 0.0
2007 Q3 2,429 0 0 0.0
2007 Q2 1,269 2 0 1576.0
2007 Q1 958 0 0 0.0
2006 Q4 1,133 0 0 0.0
2006 Q3 1,379 0 0 0.0
2006 Q2 1,422 2 0 1406.5
2006 Q1 1,725 0 0 0.0
2005 Q4 1,305 0 0 0.0
2005 Q3 1,585 0 0 0.0
2005 Q2 1,970 0 0 0.0
2005 Q1 1,594 0 0 0.0
2004 Q4 1,861 3 0 1612.0
2004 Q3 1,730 0 0 0.0
2004 Q2 1,640 0 0 0.0
2004 Q1 1,452 1 1 688.7
2003 Q4 1,420 0 0 0.0
2003 Q3 1,629 0 0 0.0
2003 Q2 1,650 0 0 0.0
2003 Q1 557 0 0 0.0
2002 Q4 1,898 3 1 1580.6
2002 Q3 2,289 0 0 0.0
2002 Q2 2,067 0 0 0.0
2002 Q1 1,120 0 0 0.0
2001 Q4 1,528 3 1 1963.4
2001 Q3 1,635 0 0 0.0
2001 Q2 2,169 0 0 0.0
2001 Q1 128 0 0 0.0
2000 Q4 1,413 0 0 0.0
2000 Q3 1,673 0 0 0.0
2000 Q2 1,501 0 0 0.0
2000 Q1 1,112 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2024 · 1 incident

May 8, 2024 WI · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Johnson Sand & Gravel Incorporated · Fall from machine

EE and another employee were replacing the protector flap on the 1955 Kohlman Conveyor. It had rained the night before and the conveyor was wet. EE's foot slipped off the frame of the conveyor EE was standing on causing EE to fall and break EE's wrist. EE was wearing fall protection.

2023 · 1 incident

November 6, 2023 WI · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Johnson Sand & Gravel Incorporated · Fall onto or against objects

Employee tripped on the step coming out of the scale house fell and hit head on the truck. Supervisor drove EE to the ER. ER put staples in to close the gash.

2022 · 1 incident

2014 · 1 incident

March 14, 2014 WI · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator OTHER
Johnson Sand & Gravel Incorporated · (Not Elsewhere Classified)

An EE found EE laying on the ground - flat on his back 15 feet from his car at 10:00 AM. Car door was open. Engine was shut off. Front end loader was not started or unplugged. Scale house door was still locked. EE's cell phone was in his pocket. The EE called 911 - local police arrived 5 minutes after the call. Paramedics arrived not long after.

1995 · 1 incident

December 29, 1995 WI · Metal/Non-Metal outside foreman, leadman POWERED HAULAGE
Johnson Sand & Gravel Incorporated · Caught in, under or between (Not Elsewhere Classified)

DURING ADJUSTMENTS/REPAIRS ON A CONVEYOR, THE TIP OF EE'S GLOVE GOT CAUGHT BETWEEN THE DRIVE PULLEY AND DRIVE BELT. THIS CAUSED EE'S LEFT THUMB TO BE LACERATED AND BROKEN.

1994 · 1 incident

July 23, 1994 WI · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger MACHINERY
Johnson Sand & Gravel Incorporated · Struck by... (Not Elsewhere Classified)

EMPLOYEE INJURED HIS LEFT FOOT WHILE OPERATING A DRAGLINE HE STATED THAT ONE OF THE FOOT PEDALS SPRANG BACK & STRUCK HIS FOOT MEDICAL EVALUATION DETERMINED NO EVIDENCE OF FRACTURE EMPLOYEE RET URNED TO WORK AFTER APPROX ONE MONTH EMPLOYEES FOOT WAS NOT HEALING PROPERLY AT THIS TIME MEDICAL EVALUATION DETERMINED THE NEED FOR SURGERY TO CORRECT THE PROBLEM SURGERY WAS SCHEDULED FOR 0