Mining Incidents

Portable Plant - 5 (#1184): 85 MSHA citations Metal/Non-Metal

E.M. Rivera & Sons, Inc · Surface
Controlled by Hiram Rivera
Kailua-Kona, Hawaii County, HI  ·  Abandoned
MSHA Mine ID: 5100220

Portable Plant - 5 (#1184) has $52K 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
1996–2004
Latest incident
Dec 2004
Compliance record
MSHA citations since 2000
85
citations
36
significant & substantial
$52,151
proposed penalties
$52,151
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
19
inspections on record
276
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: 276 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 Plant - 5 (#1184) has $52K 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.
$52K
proposed penalties
$52K
current assessed
$52K
paid to date
$0
outstanding
83 assessments are final orders; 1 contested dockets.
Of $240 in penalties contested before the Commission, $240 was upheld in final decisions.
As of the most recent assessment on 2006-04-05.
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.
42.4%
significant & substantial
20.0%
high negligence or reckless
43.5%
reasonably likely or greater
42.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.5% low, 76.5% moderate, 20.0% 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 · 5% of citations on record
  • Stood as issued 4 · 100%
0%
Penalty reduction in decided contests
$240 proposed, $240 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 2005-01-04.
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 2005-153M Default Lesnick 2005 $240 → $240
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: 2003-11-17, 22 years ago
0%
of limit-tested samples over the exposure limit
8
samples
5
limit-tested
Most sampled contaminants
  • Nuisance dust, respirable, <1% Qtz5
  • Respirable dust, <.1mg3
Show the individual readings (8)
Date Contaminant Concentration Limit Conc / limit Occupation
2003-11-17 Nuisance dust, respirable, <1% Qtz 0.37 10 0.04 Crusher Oper/Worker
2003-11-17 Nuisance dust, respirable, <1% Qtz 0.75 10 0.08 Front-end Loader Operator
2001-02-09 Nuisance dust, respirable, <1% Qtz 0.61 10 0.06 Gathering Arm Operator
2001-02-09 Nuisance dust, respirable, <1% Qtz 0.16 10 0.02 Gathering Arm Operator
2001-02-09 Respirable dust, <.1mg 0 Crusher Oper/Worker
2000-11-10 Nuisance dust, respirable, <1% Qtz 0.22 10 0.02 Crusher Oper/Worker
2000-11-10 Respirable dust, <.1mg 0 Supervisor, Co. Official
2000-11-10 Respirable dust, <.1mg 0 Complete Load-Haul-Dump
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. West Oahu Aggregate Company Inc 1994 to 2006
  2. E.M. Rivera & Sons, Inc 2006 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2011 0
2010 0
2009 7
2008 28
2007 4
2006 0
2005 4
2004 7
2003 4
2002 8
2001 6
2000 8
Source: MSHA quarterly employment and production, updated weekly.

Portable Plant - 5 (#1184) sits in Hawaii County, Hawaii, 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.
Hawaii County, Hawaii · Population 203,684
0.0%
Mining share of county employment
$77,215
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 0 0
2010 Q4 0 0 0
2010 Q3 0 0 0
2010 Q2 0 0 0
2010 Q1 0 0 0
2009 Q4 7 0 0 0.0
2009 Q3 80 0 0 0.0
2009 Q2 262 0 0 0.0
Show 33 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q1 112 0 0 0.0
2008 Q4 1,207 0 0 0.0
2008 Q3 2,005 0 0 0.0
2008 Q2 2,302 0 0 0.0
2008 Q1 2,805 0 0 0.0
2007 Q4 39 0 0 0.0
2007 Q3 1 0 0 0.0
2006 Q4 0 0 0
2006 Q3 0 0 0
2006 Q2 0 1 0
2005 Q4 0 0 0
2005 Q2 2,283 0 0 0.0
2005 Q1 2,074 0 0 0.0
2004 Q4 2,259 0 0 0.0
2004 Q3 2,517 0 0 0.0
2004 Q2 3,122 12 6 3843.7
2004 Q1 1,961 0 0 0.0
2003 Q4 2,669 9 2 3372.0
2003 Q3 2,829 0 0 0.0
2003 Q2 1,969 3 2 1523.6
2003 Q1 0 0 0
2002 Q4 958 0 0 0.0
2002 Q3 2,344 0 0 0.0
2002 Q2 3,050 3 2 983.6
2002 Q1 2,769 0 0 0.0
2001 Q4 2,847 1 0 351.2
2001 Q3 3,089 0 0 0.0
2001 Q2 2,966 29 9 9777.5
2001 Q1 3,324 1 0 300.8
2000 Q4 3,773 5 0 1325.2
2000 Q3 3,241 0 0 0.0
2000 Q2 3,706 0 0 0.0
2000 Q1 3,674 21 15 5715.8
No fatalities recorded at this mine.

Reportable incidents

7 on file

2004 · 1 incident

December 10, 2004 HI · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
West Oahu Aggregate Company Inc · Fall from machine

EE WAS CLIMBING DOWN THE LADDER OFF THE CRUSHER AFTER PUTTING GEAR OIL IN. HIS HANDS WERE SLIPPERY FROM THE OIL. HE SLIPPED AND FELL TO THE GROUND, LANDING ON HIS BUTT.

2003 · 1 incident

December 19, 2003 HI · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
West Oahu Aggregate Company Inc · Struck by... (Not Elsewhere Classified)

CROWBAR SWUNG BACKWARD HITTING EE'S HEAD & UPPER ARM WHILE SERVICING MACHINE.

2002 · 1 incident

January 26, 2002 HI · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
West Oahu Aggregate Company Inc · Fall from machine

EE GOT OFF HIS 966F TIRE LOADER & STEPPED ON A 3" ROCK. HE FELL AND INJURED HIS RIGHT LEG.

2000 · 1 incident

September 14, 2000 HI · Metal/Non-Metal backhoe operator, trackhoe operator, crane operator HANDLING OF MATERIALS
West Oahu Aggregate Company Inc · Struck against stationary object

PICKING UP A 40LB PIECE OF METAL & THE SHARP EDGE OF THE METAL CUT RIGHT PALM OF HAND

1998 · 1 incident

March 11, 1998 HI · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
West Oahu Aggregate Company Inc · Struck by flying object

STRUCK PIN ON EDGE WITCH CAUSED A CHIP TO FLY OFF NOTE ALL PERSON S WAS WEARING SAFETY GLASSES AND PROTECTIVE CLOTHES AT ALL TIME LOST 2 WORKING DAYS.

1997 · 1 incident

November 13, 1997 HI · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
West Oahu Aggregate Company Inc · Over-exertion (Not Elsewhere Classified)

ON 11/13. EE CLAIMED HE WAS HURT LIFTING A PART WITH TWO OTHER PEOPLE. AT THE END OF THE DAY HE SIGNED HIS TIME CARD CLAIMING NO INJURY. ON THE 15TH OF NOV., HE WAS PLAY WRESTLING WITH HIS SUP ERVISOR & STILL CLAIMED ON INJURY. ON THE 17TH ONOV HE WENT TO THE DOCTOR CLAIMING HE HURT HIS LEFT KNEE.

1996 · 1 incident

December 3, 1996 HI · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
West Oahu Aggregate Company Inc · Struck by falling object

CRUSHER OPERATOR WAS MOVING ROCKS WHEN A ROCK FELL ON LEFT INDEX FINGER, CAUSING AN INJURY THAT RESULTED IN PARTIAL AMPUTATION OF THE LEFT INDEX FINGER.