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Portable #3: 25 MSHA citations Metal/Non-Metal

T F Luke & Sons Inc · Surface
Controlled by Thomas E Luke
Kimball, Brule County, SD  ·  Abandoned
MSHA Mine ID: 3901324

Portable #3 has $2K 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
2
Years on record
2004–2011
Latest incident
Aug 2011
Compliance record
MSHA citations since 2000
25
citations
11
significant & substantial
$2,302
proposed penalties
$2,302
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
See T F Luke & Sons Inc's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
21
inspections on record
250
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: 250 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 #3 has $2K 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.
$2K
proposed penalties
$2K
current assessed
$2K
paid to date
$0
outstanding
25 assessments are final orders; 1 contested dockets.
Of $400 in penalties contested before the Commission, $400 was upheld in final decisions.
As of the most recent assessment on 2013-10-29.
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.
44.0%
significant & substantial
0.0%
high negligence or reckless
44.0%
reasonably likely or greater
52.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.0% low, 96.0% 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 · 16% of citations on record
  • Settled 4 · 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%
0%
Penalty reduction in decided contests
$400 proposed, $400 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 2009-12-29.
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 2010-328M Settlement Augustine 2011 $400 → $400
Source: FMSHRC civil penalty dockets and decisions (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
2025 0
2024 0
2023 0
2022 0
2021 0
2020 0
2019 0
2018 0
2017 0
2016 0
2015 1
2014 2
2013 2
2012 3
2011 2
2010 2
2009 2
2008 1
2007 0
2006 3
2005 3
2004 2
2003 1
2002 0
2001 0
2000 3
Source: MSHA quarterly employment and production, updated weekly.

Portable #3 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
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q2 0 0 0
2024 Q1 0 0 0
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 0 0 0
Show 92 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
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
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 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 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 186 0 0 0.0
2015 Q2 233 0 0 0.0
2015 Q1 162 0 0 0.0
2014 Q4 52 0 0 0.0
2014 Q3 13 0 0 0.0
2014 Q2 491 0 0 0.0
2014 Q1 36 0 0 0.0
2013 Q4 585 1 1 1709.4
2013 Q3 1,372 0 0 0.0
2013 Q2 735 0 0 0.0
2013 Q1 0 0 0
2012 Q4 1,388 2 2 1440.9
2012 Q3 1,535 0 0 0.0
2012 Q2 1,706 0 0 0.0
2012 Q1 347 0 0 0.0
2011 Q4 1,324 3 3 2265.9
2011 Q3 1,863 0 0 0.0
2011 Q2 1,173 0 0 0.0
2011 Q1 20 1 0 50000.0
2010 Q4 634 0 0 0.0
2010 Q3 906 0 0 0.0
2010 Q2 609 0 0 0.0
2010 Q1 0 0 0
2009 Q4 719 4 1 5563.3
2009 Q3 967 0 0 0.0
2009 Q2 0 0 0
2009 Q1 0 0 0
2008 Q4 0 2 0
2008 Q3 43 0 0 0.0
2008 Q2 0 0 0
2008 Q1 0 0 0
2007 Q4 0 0 0
2007 Q3 0 0 0
2007 Q2 0 0 0
2007 Q1 0 0 0
2006 Q4 2,678 0 0 0.0
2006 Q3 1,060 0 0 0.0
2006 Q2 430 0 0 0.0
2006 Q1 0 0 0
2005 Q4 275 0 0 0.0
2005 Q3 1,934 0 0 0.0
2005 Q2 975 2 0 2051.3
2005 Q1 269 0 0 0.0
2004 Q4 1,164 0 0 0.0
2004 Q3 503 0 0 0.0
2004 Q2 0 0 0
2004 Q1 0 0 0
2003 Q4 297 2 2 6734.0
2003 Q3 780 2 0 2564.1
2003 Q2 0 0 0
2003 Q1 0 0 0
2002 Q4 0 0 0
2002 Q3 0 0 0
2002 Q2 0 0 0
2002 Q1 0 0 0
2001 Q4 0 0 0
2001 Q3 0 0 0
2001 Q2 0 0 0
2001 Q1 0 0 0
2000 Q4 136 0 0 0.0
2000 Q3 577 0 0 0.0
2000 Q2 394 6 2 15228.4
No fatalities recorded at this mine.

Reportable incidents

2 on file

2011 · 1 incident

August 15, 2011 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 a moving and a stationary object

Checking on trap on field conveyor slipped got hand between conveyor belt & roller on conveyor.

2004 · 1 incident

September 9, 2004 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 (Not Elsewhere Classified)

Lifting - rolling a rock off conveyor belt down in trap of field conveyor & put his back out of place.