Mining Incidents

Portable Plant No. 1: 69 MSHA citations Metal/Non-Metal

Controlled by Richard C Schumitsch
Merrill, Lincoln County, WI  ·  Intermittent
MSHA Mine ID: 4702823

Portable Plant No. 1 has $8K in proposed MSHA penalties and $793 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
1990–2000
Latest incident
Sep 2000
Compliance record
MSHA citations since 2001
69
citations
12
significant & substantial
$7,927
proposed penalties
$6,967
paid to date
88% of proposed penalties paid to date, a $960 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
39
inspections on record
404
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: 404 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 No. 1 has $8K in proposed MSHA penalties and $793 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
$7K
paid to date
$793
outstanding
62 assessments are final orders; 2 contested dockets.
Of $497 in penalties contested before the Commission, $330 was upheld in final decisions.
As of the most recent assessment on 2026-07-28.
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.
17.6%
significant & substantial
7.4%
high negligence or reckless
17.6%
reasonably likely or greater
42.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.4% low, 88.2% moderate, 7.4% 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.
4 citations taken to the federal commission · 6% of citations on record
  • Settled 3 · 75%
  • Vacated or withdrawn 1 · 25%
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%
43%
Penalty reduction in decided contests
$387 proposed, $220 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 2004-10-05.
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
LAKE 2005-7M Settlement Hodgdon 2005 $387 → $220
LAKE20000090M Default Barbour 2000 $110 → $110
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: 2014-10-28, 11 years ago
0%
of limit-tested samples over the exposure limit
7
samples
4
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz4
  • Respirable dust, <.1mg2
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (7)
Date Contaminant Concentration Limit Conc / limit Occupation
2014-10-28 Quartz, respirable, >1% Qtz 0.2 0.48 0.42 Laborer, Bullgang
2014-10-28 Quartz, respirable, >1% Qtz 0.14 0.77 0.18 Front-end Loader Operator
2014-10-28 Quartz, respirable, >1% Qtz 0.15 0.57 0.26 Front-end Loader Operator
2010-06-17 Quartz, respirable, >1% Qtz 0.16 0.45 0.36 Crusher Oper/Worker
2010-06-17 Respirable dust, <.1mg 0 Front-end Loader Operator
2001-12-13 Unlisted Particulate, respirable, <1% Qtz 0.28 Crusher Oper/Worker
2001-12-13 Respirable dust, <.1mg 0 Backhoe Operator
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. Merrill Gravel & Construction Company 1986 to 1988
  2. Cain Creek Enterprises Inc 1988 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 4
2025 6
2024 6
2023 4
2022 5
2021 5
2020 3
2019 6
2018 1
2017 4
2016 1
2015 3
2014 2
2013 3
2012 4
2011 3
2010 3
2009 3
2008 2
2007 5
2006 3
2005 2
2004 4
2003 4
2002 4
2001 4
2000 4
Source: MSHA quarterly employment and production, updated weekly.

Portable Plant No. 1 sits in Lincoln County, Wisconsin, 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.
Lincoln County, Wisconsin · Population 28,403
0.0%
Mining share of county employment
$67,726
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 1,627 0 0 0.0
2026 Q1 1 0 0 0.0
2025 Q4 631 0 0 0.0
2025 Q3 702 0 0 0.0
2025 Q2 1,395 3 0 2150.5
2025 Q1 259 0 0 0.0
2024 Q4 931 0 0 0.0
2024 Q3 791 8 0 10113.8
Show 97 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 1,332 0 0 0.0
2024 Q1 146 0 0 0.0
2023 Q4 192 0 0 0.0
2023 Q3 1,462 3 1 2052.0
2023 Q2 1,474 0 0 0.0
2023 Q1 0 0 0
2022 Q4 200 0 0 0.0
2022 Q3 293 0 0 0.0
2022 Q2 1,092 0 0 0.0
2022 Q1 147 0 0 0.0
2021 Q4 790 0 0 0.0
2021 Q3 1,001 0 0 0.0
2021 Q2 1,721 0 0 0.0
2021 Q1 0 0 0
2020 Q4 449 0 0 0.0
2020 Q3 730 0 0 0.0
2020 Q2 830 3 0 3614.5
2020 Q1 0 0 0
2019 Q4 649 0 0 0.0
2019 Q3 954 0 0 0.0
2019 Q2 1,429 0 0 0.0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 264 0 0 0.0
2018 Q1 0 0 0
2017 Q4 251 0 0 0.0
2017 Q3 769 5 0 6502.0
2017 Q2 408 0 0 0.0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 1 0
2016 Q2 85 0 0 0.0
2016 Q1 0 0 0
2015 Q4 407 0 0 0.0
2015 Q3 1,056 0 0 0.0
2015 Q2 361 0 0 0.0
2015 Q1 0 0 0
2014 Q4 378 4 1 10582.0
2014 Q3 831 0 0 0.0
2014 Q2 445 3 0 6741.6
2014 Q1 0 0 0
2013 Q4 481 0 0 0.0
2013 Q3 1,291 7 2 5422.2
2013 Q2 1,137 0 0 0.0
2013 Q1 0 0 0
2012 Q4 672 0 0 0.0
2012 Q3 1,070 0 0 0.0
2012 Q2 2,229 6 1 2691.8
2012 Q1 64 0 0 0.0
2011 Q4 649 0 0 0.0
2011 Q3 1,104 0 0 0.0
2011 Q2 1,071 0 0 0.0
2011 Q1 0 0 0
2010 Q4 511 0 0 0.0
2010 Q3 197 0 0 0.0
2010 Q2 520 0 0 0.0
2010 Q1 152 0 0 0.0
2009 Q4 957 0 0 0.0
2009 Q3 688 0 0 0.0
2009 Q2 219 2 0 9132.4
2009 Q1 20 0 0 0.0
2008 Q4 20 0 0 0.0
2008 Q3 20 0 0 0.0
2008 Q2 993 1 1 1007.0
2008 Q1 20 0 0 0.0
2007 Q4 333 0 0 0.0
2007 Q3 1,768 0 0 0.0
2007 Q2 1,060 0 0 0.0
2007 Q1 410 0 0 0.0
2006 Q4 935 0 0 0.0
2006 Q3 1,571 0 0 0.0
2006 Q2 1,192 2 1 1677.9
2006 Q1 1,205 0 0 0.0
2005 Q4 1,165 0 0 0.0
2005 Q3 1,372 4 1 2915.5
2005 Q2 1,214 0 0 0.0
2005 Q1 0 0 0
2004 Q4 1,158 0 0 0.0
2004 Q3 1,718 11 3 6402.8
2004 Q2 1,762 0 0 0.0
2004 Q1 386 0 0 0.0
2003 Q3 743 0 0 0.0
2003 Q2 2,141 0 0 0.0
2003 Q1 412 0 0 0.0
2002 Q4 1,650 0 0 0.0
2002 Q3 2,193 0 0 0.0
2002 Q2 2,006 0 0 0.0
2002 Q1 491 0 0 0.0
2001 Q4 1,731 2 0 1155.4
2001 Q3 1,570 0 0 0.0
2001 Q2 2,089 3 1 1436.1
2001 Q1 581 0 0 0.0
2000 Q4 1,848 0 0 0.0
2000 Q3 2,300 0 0 0.0
2000 Q2 1,464 0 0 0.0
2000 Q1 227 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2000 · 1 incident

September 20, 2000 WI · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Cain Creek Enterprises Inc · Over-exertion in lifting objects

EMPLOYEE WAS PREPARING THE PARKER PRIMARY PLANT TO BE MOVED TO ANOTHER LOCATION AND BENT OVER TO LIFT A TIMEBER (BLOCKING). HE EXPERIENCED PAIN AND WENT TO THE GROUND IN PAIN. HE HAS HAD BAC K RELATED INJURIES IN THE PAST AND IT JUST SNAPPED. DR TOLD HIM HE HAS A TORN MUSCLE ON LEFT SIDE OF HIS BACK.

1990 · 3 incidents

November 27, 1990 WI · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Cain Creek Enterprises Inc · Fall from machine

AT BEGINNING OF WORKDAY,I.NAME HELPS START UP THE EQUIP.AFTER STARTING ENGINE ON CRUSHER HE WAS GOING DOWN THE LADDER AND SLIPPED ON A FROSTY STEP FALLING TO GROUND BELOW 4-5' INJURING HIS BAC K.HE FELT IT WAS ONLY A BRUISE AND CONTINUED TO WORK THROUGH THE DAY AND THE FOLLOWING 2 DAYS BEFORE SEEKING MEDICAL ATTENTION.

July 16, 1990 WI · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Cain Creek Enterprises Inc · Struck by... (Not Elsewhere Classified)

EMPLOYEE IS RESPONSIBLE FOR KEEPING CONVEYOR OPERATING SMOOTHLY AND FOR GROUND CLEAM UP OF EXCESS GRAVEL AND OTHER MATERIAL. EMPLOYEE WAS UNAWARE OF ROCK BEING CAUGHT IN CONVEYOR. THE ROCK CAU SED THE CONVEYOR GUARD TO SPRING OUTWARD. THE GUARD HIT HIM IN THE RIGHT THIGH CAUSING A BRUISED THIGH. EMPLOYEE RECEIVED FIRST-AID TREATMENT AT GOOD SAMARITAN HEALTH CARE CENTER, MERRILL, WI

April 6, 1990 WI · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator OTHER
Cain Creek Enterprises Inc · Struck by flying object

WHILE STOCKPILING GRAVEL WITH AN ENDLOADER,DUST AND DIRT FROM THE CRUSHING OPERATION INTO HIS EYES CAUSING DISCOMFORT AND WATERING.EXTREMELY WINDY AND DRY CONDITIONS WERE CONTRIBUTING FACTORS TO THE INJURY.INJURED EMPLOYEE CONSULTED A PHYSICIAN AND AN EYE WASH WAS PRESCRIBED.