Mining Incidents

PORTABLE SCREENER: 29 MSHA citations Metal/Non-Metal

Dusek Sand & Gravel Inc · Surface
Controlled by Donald Dusek; Ken Dusek
Park River, Walsh County, ND  ·  Abandoned
MSHA Mine ID: 3200153

PORTABLE SCREENER has $9K in proposed MSHA penalties and $2K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2000
29
citations
14
significant & substantial
$8,660
proposed penalties
$6,393
paid to date
74% of proposed penalties paid to date, a $2,267 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
12
inspections on record
127
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: 127 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 SCREENER has $9K in proposed MSHA penalties and $2K 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.
$9K
proposed penalties
$8K
current assessed
$6K
paid to date
$2K
outstanding
29 assessments are final orders; 2 contested dockets.
Of $7K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2014-10-29.
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.
48.3%
significant & substantial
13.8%
high negligence or reckless
48.3%
reasonably likely or greater
51.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 86.2% moderate, 13.8% 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 · 3% 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%
0%
Penalty reduction in decided contests
$4K proposed, $4K 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 2008-02-28.
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 2008-357M Default Melick 2008 $4K → $4K
CENT20010367M Settlement Manning 2002 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Ellingson Gravel Company 1950 to 1985
  2. Dusek Sand & Gravel Inc 1985 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2015 0
2014 2
2009 0
2008 0
2007 2
2004 0
2003 1
2002 0
2001 1
2000 3
Source: MSHA quarterly employment and production, updated weekly.

PORTABLE SCREENER sits in Walsh County, North Dakota, where the Census mining category is 0.2% 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.
Walsh County, North Dakota · Population 10,488
0.2%
Mining share of county employment
$69,976
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
2015 Q1 0 0 0
2014 Q4 40 2 1 50000.0
2014 Q3 738 0 0 0.0
2014 Q2 385 0 0 0.0
2009 Q1 0 0 0
2008 Q4 0 0 0
2007 Q4 0 0 0
2007 Q3 1,440 0 0 0.0
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q2 85 6 5 70588.2
2004 Q3 0 0 0
2004 Q2 0 0 0
2004 Q1 0 0 0
2003 Q4 10 2 0 200000.0
2003 Q3 60 0 0 0.0
2003 Q1 0 0 0
2002 Q2 0 0 0
2001 Q4 0 0 0
2001 Q3 0 0 0
2001 Q2 640 0 0 0.0
2000 Q4 365 0 0 0.0
2000 Q3 1,499 19 8 12675.1

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.