Mining Incidents

PORTABLE #2 - Pegson XA400: 59 MSHA citations Metal/Non-Metal

Controlled by Nick Tommer
Othello, Grant County, WA  ·  Abandoned
MSHA Mine ID: 4503278

PORTABLE #2 - Pegson XA400 has $10K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
1993–1996
Latest incident
Mar 1996
Compliance record
MSHA citations since 2015
59
citations
15
significant & substantial
$10,043
proposed penalties
$10,043
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2015
11
inspections on record
266
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: 266 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 - Pegson XA400 has $10K in proposed MSHA penalties and $0 outstanding across 2 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.
$10K
proposed penalties
$10K
current assessed
$10K
paid to date
$0
outstanding
59 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $114 was upheld in final decisions.
As of the most recent assessment on 2024-06-07.
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.
25.4%
significant & substantial
13.6%
high negligence or reckless
25.4%
reasonably likely or greater
44.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 10.2% low, 76.3% moderate, 13.6% 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.
15 citations taken to the federal commission · 25% of citations on record
  • Stood as issued 1 · 7%
  • Vacated or withdrawn 14 · 93%
0%
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%
95%
Penalty reduction in decided contests
$2K proposed, $114 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 2024-03-10.
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 2024-0157 Vacate Bulluck 2024 $2K → $0
WEST 2016-0715 Dismissal Manning 2017 $114 → $114
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: 2023-11-30
0%
of limit-tested samples over the exposure limit
4
samples
2
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz2
  • Nuisance dust, respirable, <1% Qtz1
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (4)
Date Contaminant Concentration Limit Conc / limit Occupation
2023-11-30 Quartz, respirable, >1% Qtz 0.21 Crusher Oper/Worker
2023-11-30 Unlisted Particulate, respirable, <1% Qtz 0.25 Laborer, Bullgang
2017-05-03 Quartz, respirable, >1% Qtz 0.71 2.8 0.25 Front-end Loader Operator
2017-05-03 Nuisance dust, respirable, <1% Qtz 0.67 10 0.07 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. Tommer Construction Company Inc 1992 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2025 0
2024 2
2023 4
2022 3
2021 4
2020 4
2018 0
2017 2
2016 3
2015 4
Source: MSHA quarterly employment and production, updated weekly.

PORTABLE #2 - Pegson XA400 sits in Grant County, Washington, 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.
Grant County, Washington · Population 100,428
0.0%
Mining share of county employment
$71,115
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
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 0 0 0
2024 Q2 1,434 4 0 2789.4
2024 Q1 1,359 0 0 0.0
2023 Q4 1,667 18 7 10797.8
2023 Q3 1,625 4 1 2461.5
2023 Q2 1,586 0 0 0.0
Show 25 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q1 1,013 0 0 0.0
2022 Q4 1,016 0 0 0.0
2022 Q3 0 0 0
2022 Q2 2,990 0 0 0.0
2022 Q1 2,728 0 0 0.0
2021 Q4 2,281 0 0 0.0
2021 Q3 1,853 6 2 3238.0
2021 Q2 42 0 0 0.0
2021 Q1 2,056 0 0 0.0
2020 Q4 809 0 0 0.0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 541 0 0 0.0
2017 Q2 1,819 5 2 2748.8
2017 Q1 1,150 8 0 6956.5
2016 Q4 861 1 0 1161.4
2016 Q3 1,486 5 0 3364.7
2016 Q2 1,210 0 0 0.0
2016 Q1 2,134 0 0 0.0
2015 Q4 3,018 0 0 0.0
2015 Q3 2,237 8 3 3576.2
2015 Q2 1,525 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

2 on file

1996 · 1 incident

March 12, 1996 WA · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY
Tommer Construction Company Inc · Struck by flying object

SHOVELING INTO CONE WHEN A ROCK WAS EJECTED, STRIKING EMPLOYEE.

1993 · 1 incident

February 22, 1993 WA · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Tommer Construction Company Inc · Caught in, under or between (Not Elsewhere Classified)

EMPLOYEE REACHED IN TO CHECK SPEED SENSOR ON TAIL PULLEY OF LOAD OUT BUNKER, THINKING IT WAS INOPERATIVE AND THE MECHANISM CAUGHT THE GLOVE ON HIS HAND AND PULLED HIS HAND INTO THE SHAFT.