Mining Incidents

Portable Crushing Plant #3: 57 MSHA citations Metal/Non-Metal

Walsenburg, Las Animas County, CO  ·  Abandoned
MSHA Mine ID: 2902223

Portable Crushing Plant #3 has $8K 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
2005–2008
Latest incident
Jan 2008
Compliance record
MSHA citations since 2002
57
citations
16
significant & substantial
$7,586
proposed penalties
$7,586
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
30
inspections on record
339
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: 339 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2012-03-20.
On record since 2012.
Source: MSHA imminent-danger order records, updated weekly.

Portable Crushing Plant #3 has $8K 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.
$8K
proposed penalties
$8K
current assessed
$8K
paid to date
$0
outstanding
56 assessments are final orders; 2 contested dockets.
Of $200 in penalties contested before the Commission, $100 was upheld in final decisions.
As of the most recent assessment on 2012-03-21.
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.
28.6%
significant & substantial
5.4%
high negligence or reckless
28.6%
reasonably likely or greater
66.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.9% low, 85.7% moderate, 5.4% 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.
2 citations taken to the federal commission · 4% of citations on record
  • Settled 1 · 50%
  • Vacated or withdrawn 1 · 50%
50%
Penalty reduction in decided contests
$200 proposed, $100 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 2011-09-12.
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 2011-1213M Settlement Lesnick 2011 $100 → $100
CENT 2011-788M Vacate Paez 2012 $100 → $0
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: 2007-07-19, 19 years ago
44%
of limit-tested samples over the exposure limit
13
samples
9
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz94 over
  • Unlisted Particulate, respirable, <1% Qtz3
  • Respirable dust, <.1mg1
Show the individual readings (13)
Date Contaminant Concentration Limit Conc / limit Occupation
2007-07-19 Quartz, respirable, >1% Qtz 2.95 2.45 1.20 Crusher Oper/Worker
2004-04-28 Quartz, respirable, >1% Qtz 1.13 0.98 1.15 Cleanup Man
2004-04-28 Quartz, respirable, >1% Qtz 1.15 0.87 1.32 Front-end Loader Operator
2002-05-15 Quartz, respirable, >1% Qtz 2.44 1.62 1.51 Front-end Loader Operator
2007-07-19 Unlisted Particulate, respirable, <1% Qtz 2.14 Cleanup Man
2007-07-19 Unlisted Particulate, respirable, <1% Qtz 2.91 Crusher Oper/Worker
2004-04-28 Quartz, respirable, >1% Qtz 0.35 0.83 0.42 Crusher Oper/Worker
2004-04-28 Quartz, respirable, >1% Qtz 0.24 0.77 0.31 Front-end Loader Operator
2002-09-10 Unlisted Particulate, respirable, <1% Qtz 0.22 Front-end Loader Operator
2002-09-10 Quartz, respirable, >1% Qtz 0.41 1.7 0.24 Front-end Loader Operator
2002-05-15 Quartz, respirable, >1% Qtz 0.24 1.64 0.15 Supervisor, Co. Official
2002-05-15 Respirable dust, <.1mg 0 Front-end Loader Operator
2002-05-15 Quartz, respirable, >1% Qtz 0.76 2.18 0.35 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.
Ownership history
  1. Southway Construction Company Inc 2001 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2020 0
2019 4
2015 0
2014 0
2013 4
2012 2
2011 3
2010 3
2009 4
2008 3
2007 7
2006 0
2005 12
2004 9
2003 6
2002 9
2001 9
Source: MSHA quarterly employment and production, updated weekly.

Portable Crushing Plant #3 sits in Las Animas County, Colorado, where the Census mining category is 2.5% 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.
Las Animas County, Colorado · Population 14,392
2.5%
Mining share of county employment
$50,408
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
2020 Q1 0 0 0
2019 Q3 23 0 0 0.0
2019 Q2 2,743 0 0 0.0
2019 Q1 354 0 0 0.0
2015 Q1 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 174 0 0 0.0
Show 46 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2013 Q3 3,077 0 0 0.0
2013 Q2 2,090 0 0 0.0
2013 Q1 784 0 0 0.0
2012 Q4 0 0 0
2012 Q2 373 0 0 0.0
2012 Q1 350 10 4 28571.4
2011 Q4 40 0 0 0.0
2011 Q3 0 1 0
2011 Q2 23 0 0 0.0
2011 Q1 1,083 0 0 0.0
2010 Q4 322 0 0 0.0
2010 Q3 338 0 0 0.0
2010 Q2 33 0 0 0.0
2010 Q1 560 8 4 14285.7
2009 Q4 820 0 0 0.0
2009 Q3 2,614 4 0 1530.2
2009 Q2 968 1 0 1033.1
2009 Q1 0 0 0
2008 Q4 0 0 0
2008 Q3 3,036 0 0 0.0
2008 Q2 2,648 1 0 377.6
2008 Q1 2,340 1 0 427.4
2007 Q4 2,881 0 0 0.0
2007 Q3 2,652 4 1 1508.3
2007 Q2 1,708 2 1 1171.0
2006 Q3 0 0 0
2006 Q2 0 0 0
2006 Q1 0 0 0
2005 Q4 2,198 0 0 0.0
2005 Q3 3,450 0 0 0.0
2005 Q2 4,060 0 0 0.0
2005 Q1 4,176 0 0 0.0
2004 Q4 3,859 0 0 0.0
2004 Q3 4,478 0 0 0.0
2004 Q2 4,633 3 0 647.5
2004 Q1 3,831 0 0 0.0
2003 Q4 3,351 1 0 298.4
2003 Q3 3,910 4 1 1023.0
2003 Q2 2,935 0 0 0.0
2003 Q1 3,549 0 0 0.0
2002 Q4 4,068 0 0 0.0
2002 Q3 4,501 5 1 1110.9
2002 Q2 3,728 11 3 2950.6
2002 Q1 4,360 0 0 0.0
2001 Q4 4,079 0 0 0.0
2001 Q3 5,056 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2008 · 1 incident

January 22, 2008 CO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Southway Construction Company Inc · Caught in, under or between (Not Elsewhere Classified)

Fixing tear in conveyor belt left hand got caught - smashing it. Employee has been treated at Union County General Hospital.

2005 · 1 incident

April 5, 2005 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Southway Construction Company Inc · Contact with hot objects or substances

Cutting a piece of metal from the jaw crusher & it fell onto the chute & slid down the chute pinning the employee's rt. hand under the piece of hot metal. It burned the back of his rt. hand. EE could be away from work for 3 weeks.