Mining Incidents

Portable Crushing Plant #1: 165 MSHA citations Metal/Non-Metal

L & H Grading Inc · Surface
Controlled by James Beck
Albany, Linn County, OR  ·  Abandoned
MSHA Mine ID: 3503415

Portable Crushing Plant #1 has $103K in proposed MSHA penalties and $64K outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2003–2006
Latest incident
Aug 2006
Compliance record
MSHA citations since 2001
165
citations
34
significant & substantial
$102,968
proposed penalties
$39,030
paid to date
38% of proposed penalties paid to date, a $63,938 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
30
inspections on record
514
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: 514 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 Crushing Plant #1 has $103K in proposed MSHA penalties and $64K 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.
$103K
proposed penalties
$103K
current assessed
$39K
paid to date
$64K
outstanding
165 assessments are final orders; 1 contested dockets.
Of $52K in penalties contested before the Commission, $52K was upheld in final decisions.
As of the most recent assessment on 2011-02-16.
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.
20.6%
significant & substantial
18.8%
high negligence or reckless
21.2%
reasonably likely or greater
55.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.5% low, 69.7% moderate, 18.8% 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.
5 citations taken to the federal commission · 3% of citations on record
  • Stood as issued 5 · 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 5 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$52K proposed, $52K 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 2009-10-16.
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 2010-65M Default Manning 2011 $52K → $52K
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: 2009-06-24, 17 years ago
0%
of limit-tested samples over the exposure limit
9
samples
6
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz4
  • Unlisted Particulate, respirable, <1% Qtz3
  • Nuisance dust, respirable, <1% Qtz2
Show the individual readings (9)
Date Contaminant Concentration Limit Conc / limit Occupation
2009-06-24 Quartz, respirable, >1% Qtz 1.27 3.07 0.41 Laborer, Bullgang
2009-06-24 Quartz, respirable, >1% Qtz 1.63 2.73 0.60 Laborer, Bullgang
2009-06-24 Unlisted Particulate, respirable, <1% Qtz 0.2 Bulldozer Operator
2004-01-14 Unlisted Particulate, respirable, <1% Qtz 0.71 Front-end Loader Operator
2004-01-14 Unlisted Particulate, respirable, <1% Qtz 1.14 Cleanup Man
2004-01-14 Quartz, respirable, >1% Qtz 0.64 3 0.21 Cleanup Man
2001-03-14 Nuisance dust, respirable, <1% Qtz 0.47 10 0.05 Front-end Loader Operator
2001-03-14 Nuisance dust, respirable, <1% Qtz 1.55 10 0.16 Front-end Loader Operator
2001-03-14 Quartz, respirable, >1% Qtz 0.77 3.22 0.24 Crusher Oper/Worker
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 Crushing Plant #1 recorded 30.60 reportable injury cases per 100 full-time workers in 2003.

Injury rate, 2003
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.
30.60
total case rate
7.65
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 3.76 and the all-US-mining average was 4.43 cases per 100 workers.
In Oregon, metal and nonmetal mining averaged 4.09 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
2003 * 30.60 7.65 0.000
2002 * 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. L & H Grading Inc 1994 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2011 0
2010 6
2009 13
2008 8
2007 13
2006 10
2005 12
2004 16
2003 13
2002 16
2001 13
Source: MSHA quarterly employment and production, updated weekly.

Portable Crushing Plant #1 sits in Linn County, Oregon, 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.
Linn County, Oregon · Population 129,794
0.0%
Mining share of county employment
$73,396
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
2011 Q1 0 1 0
2010 Q4 2 0 0 0.0
2010 Q3 2,686 0 0 0.0
2010 Q2 3,818 0 0 0.0
2010 Q1 242 0 0 0.0
2009 Q4 3,223 1 0 310.3
2009 Q3 960 1 0 1041.7
2009 Q2 160 23 6 143750.0
Show 32 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q1 385 1 0 2597.4
2008 Q4 0 0 0
2008 Q3 5,447 0 0 0.0
2008 Q2 5,276 10 5 1895.4
2008 Q1 4,166 7 2 1680.3
2007 Q4 4,583 0 0 0.0
2007 Q3 4,449 0 0 0.0
2007 Q2 3,955 0 0 0.0
2007 Q1 3,588 4 0 1114.8
2006 Q4 3,839 0 0 0.0
2006 Q3 4,023 0 0 0.0
2006 Q2 2,249 1 0 444.6
2006 Q1 2,014 11 1 5461.8
2005 Q4 1,521 0 0 0.0
2005 Q3 3,996 0 0 0.0
2005 Q2 3,039 0 0 0.0
2005 Q1 4,537 15 2 3306.1
2004 Q4 6,074 1 0 164.6
2004 Q3 1,187 0 0 0.0
2004 Q2 4,484 0 0 0.0
2004 Q1 3,894 17 1 4365.7
2003 Q4 2,742 0 0 0.0
2003 Q3 4,563 2 0 438.3
2003 Q2 7,333 4 4 545.5
2003 Q1 11,510 30 10 2606.4
2002 Q4 13,297 0 0 0.0
2002 Q3 7,754 0 0 0.0
2002 Q2 12,133 0 0 0.0
2002 Q1 5,525 0 0 0.0
2001 Q4 5,439 26 3 4780.3
2001 Q3 4,197 0 0 0.0
2001 Q2 7,188 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2006 · 1 incident

August 4, 2006 OR · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
L & H Grading Inc · Struck against a moving object

Cat 769C haul truck pulled behind Cat 980G front end loader on top of stockpile. Loader was starting to back up. Loader bumped into the haul truck. The accident bent the rear light bracket on the loader. It made some marks on the haul truck walkway.

2003 · 4 incidents

November 18, 2003 OR · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
L & H Grading Inc · Fall onto or against objects

EMPLOYEE WAS LEVELING CRUSHER UNIT WHEN HIS FOOT SLIPPED AND HE HIT HIS KNEE ON METAL FRAMEWORK.

July 30, 2003 OR · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
L & H Grading Inc · Over-exertion in lifting objects

EMPLOYEE WAS TRYING TO CHAIN A LARGE BOULDER TO REMOVE IT FROM THE JAW CRUSHER. IN TRYING TO LIFT THE ROCK HE STRAINED HIS ABDOMEN.

July 29, 2003 OR · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
L & H Grading Inc · Struck by... (Not Elsewhere Classified)

WHILE TAKING A C-CLAMP OFF, THE WRENCH SLIPPED & CUT HIS RIGHT MIDDLE FINGER.

March 24, 2003 OR · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
L & H Grading Inc · Fall from machine

LADDER ON TRUCK BROKE. HE FELL BACKWARDS TO THE GROUND AND LANDED ON HIS SHOULDER.