Mining Incidents

Portable Crusher #3: 129 MSHA citations Metal/Non-Metal

Controlled by Doug Walterscheid
Channing, Oldham County, TX  ·  Active
MSHA Mine ID: 4104605

Portable Crusher #3 has $42K 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
7
Years on record
2020–2026
Latest incident
Mar 2026
Compliance record
MSHA citations since 2007
129
citations
31
significant & substantial
$41,807
proposed penalties
$39,538
paid to date
95% of proposed penalties paid to date, a $2,269 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
53
inspections on record
889
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: 889 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 Crusher #3 has $42K 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.
$42K
proposed penalties
$40K
current assessed
$40K
paid to date
$0
outstanding
125 assessments are final orders; 1 contested dockets.
Of $4K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2026-06-10.
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.
24.0%
significant & substantial
10.9%
high negligence or reckless
24.0%
reasonably likely or greater
44.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.9% low, 85.3% moderate, 10.9% 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 · 1% 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%
55%
Penalty reduction in decided contests
$4K proposed, $2K 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 2019-05-13.
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 2019-0224 Settlement Miller 2019 $4K → $2K
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: 2017-10-18, 8 years ago
14%
of limit-tested samples over the exposure limit
10
samples
7
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz71 over
  • Respirable dust, <.1mg2
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (10)
Date Contaminant Concentration Limit Conc / limit Occupation
2013-03-20 Quartz, respirable, >1% Qtz 0.27 0.24 1.13 Crusher Oper/Worker
2017-10-18 Quartz, respirable, >1% Qtz 0.29 0.3 0.97 Laborer, Bullgang
2017-10-18 Unlisted Particulate, respirable, <1% Qtz 0.19 Front-end Loader Operator
2017-10-18 Respirable dust, <.1mg 0 Crusher Oper/Worker
2013-03-20 Quartz, respirable, >1% Qtz 0.19 0.51 0.37 Front-end Loader Operator
2013-03-20 Respirable dust, <.1mg 0 Front-end Loader Operator
2008-09-23 Quartz, respirable, >1% Qtz 0.25 0.72 0.35 Truck Driver
2008-09-23 Quartz, respirable, >1% Qtz 0.42 0.63 0.67 Truck Driver
2008-01-30 Quartz, respirable, >1% Qtz 0.24 0.5 0.48 Dry Screen Plant Operator
2008-01-30 Quartz, respirable, >1% Qtz 0.25 0.36 0.69 Laborer, Bullgang
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.

Portable Crusher #3 recorded 0.00 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US metal and nonmetal mining average was 1.65 and the all-US-mining average was 1.97 cases per 100 workers.
In Texas, metal and nonmetal mining averaged 1.17 cases per 100 workers that year.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year total case rate days-away fatal
2025 * 0.00 0.00 0.000
2024 * 3.47 3.47 0.000
2023 * 7.15 7.15 0.000
2022 * 4.38 4.38 0.000
2021 * 5.76 0.00 0.000
2020 * 4.75 4.75 0.000
2019 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Ownership history
  1. J. Lee Milligan, Inc. 2006 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 67
2025 45
2024 32
2023 28
2022 22
2021 22
2020 25
2019 23
2018 29
2017 17
2016 19
2015 16
2014 14
2013 14
2012 17
2011 16
2010 14
2009 16
2008 12
2007 11
2006 14
Source: MSHA quarterly employment and production, updated weekly.

Portable Crusher #3 sits in Oldham County, Texas, where the Census mining category is 0.2% 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.
Oldham County, Texas · Population 2,097
0.2%
Mining share of county employment
$76,402
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 27,877 4 2 143.5
2026 Q1 22,388 6 1 268.0
2025 Q4 23,761 0 0 0.0
2025 Q3 22,748 4 0 175.8
2025 Q2 17,638 0 0 0.0
2025 Q1 14,028 0 0 0.0
2024 Q4 14,894 3 0 201.4
2024 Q3 13,556 6 1 442.6
Show 72 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 15,345 0 0 0.0
2024 Q1 13,886 10 1 720.1
2023 Q4 12,642 0 0 0.0
2023 Q3 14,517 0 0 0.0
2023 Q2 15,618 2 0 128.1
2023 Q1 13,149 0 0 0.0
2022 Q4 9,374 3 0 320.0
2022 Q3 18,055 0 0 0.0
2022 Q2 10,579 11 0 1039.8
2022 Q1 7,694 2 0 259.9
2021 Q4 6,396 0 0 0.0
2021 Q3 10,650 4 0 375.6
2021 Q2 9,998 0 0 0.0
2021 Q1 7,704 0 0 0.0
2020 Q4 9,857 4 2 405.8
2020 Q3 10,581 0 0 0.0
2020 Q2 12,069 2 0 165.7
2020 Q1 9,555 0 0 0.0
2019 Q4 8,089 3 0 370.9
2019 Q3 11,145 0 0 0.0
2019 Q2 8,848 0 0 0.0
2019 Q1 8,630 3 1 347.6
2018 Q4 12,072 0 0 0.0
2018 Q3 14,722 2 1 135.9
2018 Q2 13,282 0 0 0.0
2018 Q1 11,280 0 0 0.0
2017 Q4 10,317 7 2 678.5
2017 Q3 9,378 6 3 639.8
2017 Q2 13,904 0 0 0.0
2017 Q1 13,242 2 1 151.0
2016 Q4 10,368 0 0 0.0
2016 Q3 11,169 0 0 0.0
2016 Q2 9,230 3 2 325.0
2016 Q1 13,546 0 0 0.0
2015 Q4 8,176 3 0 366.9
2015 Q3 6,882 0 0 0.0
2015 Q2 6,801 0 0 0.0
2015 Q1 7,036 1 1 142.1
2014 Q4 6,549 1 0 152.7
2014 Q3 8,951 0 0 0.0
2014 Q2 8,009 0 0 0.0
2014 Q1 7,283 1 0 137.3
2013 Q4 6,754 0 0 0.0
2013 Q3 7,293 2 1 274.2
2013 Q2 6,970 0 0 0.0
2013 Q1 6,799 8 3 1176.6
2012 Q4 6,396 0 0 0.0
2012 Q3 8,288 2 1 241.3
2012 Q2 9,712 0 0 0.0
2012 Q1 10,574 4 1 378.3
2011 Q4 5,850 0 0 0.0
2011 Q3 7,790 0 0 0.0
2011 Q2 2,031 0 0 0.0
2011 Q1 3,275 0 0 0.0
2010 Q4 4,425 0 0 0.0
2010 Q3 8,093 0 0 0.0
2010 Q2 8,694 3 1 345.1
2010 Q1 8,595 2 1 232.7
2009 Q4 6,548 0 0 0.0
2009 Q3 9,145 3 2 328.0
2009 Q2 8,002 0 0 0.0
2009 Q1 7,833 4 1 510.7
2008 Q4 3,428 0 0 0.0
2008 Q3 5,941 3 1 505.0
2008 Q2 5,890 0 0 0.0
2008 Q1 6,868 0 0 0.0
2007 Q4 5,577 0 0 0.0
2007 Q3 5,752 4 1 695.4
2007 Q2 7,191 0 0 0.0
2007 Q1 6,532 0 0 0.0
2006 Q4 6,546 0 0 0.0
2006 Q3 7,837 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

7 on file

2026 · 1 incident

March 30, 2026 TX · Metal/Non-Metal groundman, yardman HANDTOOLS (NONPOWERED)
J. Lee Milligan, Inc. · Struck by falling object

employee was helping replace a cone liner using a sledge hammer to loosen three inch nuts from liner while striking the nut broke loos resulting in the nut falling on employees foot breaking little toe on right foot requiring 9 stitches

2024 · 1 incident

August 2, 2024 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
J. Lee Milligan, Inc. · Over-exertion (Not Elsewhere Classified)

employee stepped off trailer rolling left ankle resulting in hairline fracture returned to duty after missing 2 days of duty

2023 · 2 incidents

January 4, 2023 TX · Metal/Non-Metal groundman, yardman HANDTOOLS (NONPOWERED)
J. Lee Milligan, Inc. · Struck by flying object

Employee was using a pry bar to install a wiper on a sand belt when the pry bar slipped striking a second employee in the right forearm causing fracture.

January 4, 2023 TX · Metal/Non-Metal groundman, yardman HANDLING OF MATERIALS
J. Lee Milligan, Inc. · Caught in, under or between a moving and a stationary object

Employee was replacing screens, screen slipped out of hand

2022 · 1 incident

May 11, 2022 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
J. Lee Milligan, Inc. · Caught in, under or between a moving and a stationary object

Employee was organizing a tool trailer, EE stood a sprocket up on it's side, attempted to it up

2021 · 1 incident

May 17, 2021 TX · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
J. Lee Milligan, Inc. · Fall from machine

Employee changing fuel filter on loader. Had build up of mud on boots, slipped from loader step.

2020 · 1 incident

March 19, 2020 TX · Metal/Non-Metal outside foreman, leadman NONPOWERED HAULAGE
J. Lee Milligan, Inc. · Struck by falling object

While attempting to hitch trailer to pickup, the weld on the trailer broke. The trailer fell onto miner.