Mining Incidents

Portable Plant #5: 74 MSHA citations Metal/Non-Metal

Cornejo & Sons LLC · Surface
Controlled by Summit Materials LLC
Pittsburg, Bourbon County, KS  ·  Abandoned
MSHA Mine ID: 1401648

Portable Plant #5 has $18K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Portable Plant #5.

Fatalities
0
Total incidents
6
Years on record
2008–2017
Latest incident
Aug 2017
Compliance record
MSHA citations since 2007
74
citations
14
significant & substantial
$17,625
proposed penalties
$17,625
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
37
inspections on record
448
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: 448 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 has $18K 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.
$18K
proposed penalties
$18K
current assessed
$18K
paid to date
$0
outstanding
74 assessments are final orders; 1 contested dockets.
Of $176 in penalties contested before the Commission, $0 was upheld in final decisions.
As of the most recent assessment on 2021-01-07.
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.
18.9%
significant & substantial
6.8%
high negligence or reckless
18.9%
reasonably likely or greater
55.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.1% low, 89.2% moderate, 6.8% 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.
1 citations taken to the federal commission · 1% of citations on record
  • Stood as issued 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%
100%
Penalty reduction in decided contests
$176 proposed, $0 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 2009-06-24.
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 2009-534M Dismissal Lesnick 2012 $176 → $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: 2020-09-29, 5 years ago
0%
of limit-tested samples over the exposure limit
13
samples
6
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz5
  • Respirable dust, <.1mg5
  • Nuisance dust, respirable, <1% Qtz2
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (13)
Date Contaminant Concentration Limit Conc / limit Occupation
2020-09-29 Quartz, respirable, >1% Qtz 0.27 Truck Driver
2020-09-29 Quartz, respirable, >1% Qtz 1.73 2.86 0.60 Front-end Loader Operator
2018-09-06 Respirable dust, <.1mg 0 Truck Driver
2018-09-06 Respirable dust, <.1mg 0 Truck Driver
2018-09-06 Respirable dust, <.1mg 0 Truck Driver
2018-09-06 Respirable dust, <.1mg 0 Truck Driver
2018-09-06 Unlisted Particulate, respirable, <1% Qtz 0.24 Truck Driver
2015-07-29 Quartz, respirable, >1% Qtz 0.31 1.95 0.16 Truck Driver
2015-07-29 Respirable dust, <.1mg 0 Front-end Loader Operator
2009-04-23 Quartz, respirable, >1% Qtz 0.27 2.13 0.13 Truck Driver
2009-04-23 Nuisance dust, respirable, <1% Qtz 0.15 10 0.02 Utility Man
2009-04-23 Nuisance dust, respirable, <1% Qtz 0.13 10 0.01 Truck Driver
2009-04-23 Quartz, respirable, >1% Qtz 0.22 1.91 0.12 Truck Driver
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 Plant #5 recorded 5.25 reportable injury cases per 100 full-time workers in 2017.

Injury rate, 2017
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.
5.25
total case rate
5.25
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 1.99 and the all-US-mining average was 2.48 cases per 100 workers.
In Kansas, metal and nonmetal mining averaged 2.18 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
2017 * 5.25 5.25 0.000
2016 * 0.00 0.00 0.000
2015 * 5.08 5.08 0.000
2014 * 0.00 0.00 0.000
2013 * 7.09 0.00 0.000
2012 * 18.82 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 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. Midwest Minerals LLC 2005 to 2018
  2. Cornejo & Sons LLC 2018 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2024 1
2022 4
2021 5
2020 4
2019 7
2018 9
2017 15
2016 11
2015 15
2014 13
2013 13
2012 8
2011 11
2010 15
2009 13
2008 15
2007 14
2006 12
Source: MSHA quarterly employment and production, updated weekly.

Portable Plant #5 sits in Bourbon County, Kansas, where the Census mining category is 0.6% 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.
Bourbon County, Kansas · Population 14,384
0.6%
Mining share of county employment
$67,555
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
2024 Q1 2 0 0 0.0
2022 Q1 2,285 0 0 0.0
2021 Q4 3,117 0 0 0.0
2021 Q3 1,816 0 0 0.0
2021 Q2 2,973 0 0 0.0
2021 Q1 2,629 1 0 380.4
2020 Q4 3,796 5 0 1317.2
2020 Q3 4,283 0 0 0.0
Show 58 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2020 Q2 2,824 0 0 0.0
2020 Q1 4 0 0 0.0
2019 Q4 3,251 3 0 922.8
2019 Q3 4,861 0 0 0.0
2019 Q2 768 0 0 0.0
2019 Q1 2,050 0 0 0.0
2018 Q4 4,679 1 0 213.7
2018 Q3 2,479 0 0 0.0
2018 Q2 0 0 0
2018 Q1 4,232 3 1 708.9
2017 Q4 9,640 0 0 0.0
2017 Q3 8,774 0 0 0.0
2017 Q2 9,370 0 0 0.0
2017 Q1 10,291 0 0 0.0
2016 Q4 9,117 7 1 767.8
2016 Q3 0 3 0
2016 Q2 8,976 0 0 0.0
2016 Q1 7,495 7 3 934.0
2015 Q4 9,691 0 0 0.0
2015 Q3 10,394 10 5 962.1
2015 Q2 8,517 0 0 0.0
2015 Q1 10,739 2 0 186.2
2014 Q4 8,960 0 0 0.0
2014 Q3 8,650 4 0 462.4
2014 Q2 8,032 0 0 0.0
2014 Q1 6,942 1 0 144.1
2013 Q4 6,997 0 0 0.0
2013 Q3 8,735 0 0 0.0
2013 Q2 5,082 1 0 196.8
2013 Q1 7,413 0 0 0.0
2012 Q4 7,215 0 0 0.0
2012 Q3 7,836 0 0 0.0
2012 Q2 6,198 0 0 0.0
2012 Q1 0 0 0
2011 Q4 5,682 0 0 0.0
2011 Q3 7,077 2 1 282.6
2011 Q2 6,817 0 0 0.0
2011 Q1 6,841 2 0 292.4
2010 Q4 9,299 0 0 0.0
2010 Q3 10,326 0 0 0.0
2010 Q2 9,460 2 0 211.4
2010 Q1 7,726 0 0 0.0
2009 Q4 6,948 2 1 287.9
2009 Q3 8,207 0 0 0.0
2009 Q2 8,760 3 0 342.5
2009 Q1 7,653 1 1 130.7
2008 Q4 10,356 0 0 0.0
2008 Q3 9,676 4 0 413.4
2008 Q2 9,625 3 0 311.7
2008 Q1 8,315 0 0 0.0
2007 Q4 8,140 0 0 0.0
2007 Q3 9,093 0 0 0.0
2007 Q2 9,871 0 0 0.0
2007 Q1 7,959 6 1 753.9
2006 Q4 8,414 0 0 0.0
2006 Q3 7,347 0 0 0.0
2006 Q2 5,899 0 0 0.0
2006 Q1 5,544 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2017 · 1 incident

August 1, 2017 KS · Metal/Non-Metal weighman, scale person SLIP OR FALL OF PERSON
Midwest Minerals LLC · Fall down stairs

Employee was walking down the stairs which provide access to the front end loader and employee's foot slipped, causing employee to fall on employee's back. Employee has 4 non-displaced fractures of transverse processes, lumbar vertebra 1, 2, 3, 4.

2015 · 1 incident

January 12, 2015 KS · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Midwest Minerals LLC · Struck by... (Not Elsewhere Classified)

EE reported on 1/13/15 that he was loading a smoker into his pickup at home and fell on the trailer hitch ball. On 1/14/15 he said it happened on the job assisting another employee, hooking up a pallet to a front end loader. They argued and another ee grabbed ee and threw him on the ground, breaking a rib.

2013 · 1 incident

August 3, 2013 KS · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Midwest Minerals LLC · Over-exertion (Not Elsewhere Classified)

Employee was using a shovel cleaning up spilled material. He slipped in the mud and twisted his left knee.

2012 · 2 incidents

July 25, 2012 KS · Metal/Non-Metal superintendent HANDTOOLS (NONPOWERED)
Midwest Minerals LLC · Fall onto or against objects

Employee was adjusting a parking brake on a haul truck. He was using a pry bar that slipped and he fell back against the frame of the truck, fracturing his 10th rib.

May 14, 2012 KS · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Midwest Minerals LLC · Caught in, under or between a moving and a stationary object

Employee was clearing rock out of the primary crusher feed hopper and smashed his finger between a rock and the metal feed hopper. His left fifth finger was lacerated, requiring seven stitches.

2008 · 1 incident

April 28, 2008 KS · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY
Midwest Minerals LLC · Caught in, under or between running or meshing objects

Employee was cleaning rock out of the primary crusher & smashed his toes on his right foot. He received first aid treatment and returned to work. On 5\19\08 at a follow up doctor visit, it was determined that poor circulation would require the amputation of three toes, making this a lost time accident.