Mining Incidents

Portable / Variable: 1 recorded fatality Metal/Non-Metal

Controlled by Stuart Sims
Lander, Fremont County, WY  ·  Abandoned
MSHA Mine ID: 4801326

Portable / Variable has $21K in proposed MSHA penalties and $3K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
14
Years on record
1989–2011
Latest incident
Jan 2011
Compliance record
MSHA citations since 2001
40
citations
11
significant & substantial
$21,436
proposed penalties
$8,516
paid to date
40% of proposed penalties paid to date, a $12,920 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
24
inspections on record
532
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: 532 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 / Variable has $21K in proposed MSHA penalties and $3K 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.
$21K
proposed penalties
$12K
current assessed
$9K
paid to date
$3K
outstanding
39 assessments are final orders; 2 contested dockets.
Of $19K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2011-03-30.
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.
28.2%
significant & substantial
5.1%
high negligence or reckless
30.8%
reasonably likely or greater
46.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.7% low, 87.2% moderate, 5.1% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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
WEST20020436M Settlement Bulluck 2003 $18K → $8K
WEST20020428M Settlement Bulluck 2003 $2K → $2K
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: 2010-09-29, 15 years ago
40%
of limit-tested samples over the exposure limit
5
samples
5
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz52 over
Show the individual readings (5)
Date Contaminant Concentration Limit Conc / limit Occupation
2010-09-29 Quartz, respirable, >1% Qtz 1.91 0.76 2.51 Laborer, Bullgang
2006-04-04 Quartz, respirable, >1% Qtz 0.33 0.27 1.22 Belt Cleaner
2010-09-29 Quartz, respirable, >1% Qtz 0.19 0.52 0.37 Front-end Loader Operator
2006-04-04 Quartz, respirable, >1% Qtz 0.16 0.59 0.27 Crusher Oper/Worker
2006-04-04 Quartz, respirable, >1% Qtz 0.2 0.52 0.38 Front-end Loader 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. Brasel & Sims Construction Company 1980 to 1986
  2. Sims Corp 1986 to 1994
  3. Circle Paving Inc 1994 to 2005
  4. Western Wyoming Construction Co 2005 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2014 0
2013 0
2012 0
2011 3
2010 5
2009 9
2008 7
2007 6
2006 5
2005 6
2004 0
2003 9
2002 11
2001 8
2000 7
Source: MSHA quarterly employment and production, updated weekly.

Portable / Variable sits in Fremont County, Wyoming, where the Census mining category is 3.1% 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.
Fremont County, Wyoming · Population 39,472
3.1%
Mining share of county employment
$64,646
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
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 0 0
Show 46 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q1 0 0 0
2011 Q4 0 0 0
2011 Q3 0 0 0
2011 Q2 1,258 0 0 0.0
2011 Q1 2,357 2 0 848.5
2010 Q4 5,249 1 1 190.5
2010 Q3 4,834 3 1 620.6
2010 Q2 2,655 0 0 0.0
2010 Q1 0 0 0
2009 Q4 1,310 0 0 0.0
2009 Q3 3,156 0 0 0.0
2009 Q2 5,286 0 0 0.0
2009 Q1 2,856 0 0 0.0
2008 Q4 3,096 0 0 0.0
2008 Q3 4,232 0 0 0.0
2008 Q2 4,461 0 0 0.0
2008 Q1 1,306 1 0 765.7
2007 Q4 2,809 0 0 0.0
2007 Q3 2,915 0 0 0.0
2007 Q2 3,647 0 0 0.0
2007 Q1 2,007 0 0 0.0
2006 Q4 1,409 0 0 0.0
2006 Q3 1,644 0 0 0.0
2006 Q2 3,103 2 1 644.5
2006 Q1 2,197 0 0 0.0
2005 Q4 720 0 0 0.0
2005 Q3 4,077 0 0 0.0
2005 Q2 2,753 0 0 0.0
2004 Q2 0 0 0
2004 Q1 0 0 0
2003 Q4 2,367 0 0 0.0
2003 Q3 4,735 2 0 422.4
2003 Q2 4,363 0 0 0.0
2003 Q1 3,981 0 0 0.0
2002 Q4 3,536 0 0 0.0
2002 Q3 5,396 0 0 0.0
2002 Q2 6,317 0 0 0.0
2002 Q1 2,919 0 0 0.0
2001 Q4 3,511 27 8 7690.1
2001 Q3 4,768 2 0 419.5
2001 Q2 4,066 0 0 0.0
2001 Q1 3,219 0 0 0.0
2000 Q4 2,880 0 0 0.0
2000 Q3 2,896 0 0 0.0
2000 Q2 2,880 0 0 0.0
2000 Q1 1,914 0 0 0.0

Fatalities at this mine

1 recorded
October 29, 2001 WY · Metal/Non-Metal miner, nec Fatality · POWERED HAULAGE
Circle Paving Inc · Caught in, under or between running or meshing objects

EMPLOYEE APPARENTLY CLIMBED UP ON THE FRAME WORKOF #17-81 CONE CRUSHER FRAME. NO ONE SAW THE ACCIDENT BUT A SHOVEL WAS FOUND BY THE BODY IN THE CONE FEED BELT, AND THE VICTIM WAS FOUND IN THE TENSION PULLEY FOR THE UNDERCONE CONVEYER BELT. IT APPEARS THAT HE LOST HIS BALANCE OR TRIPPED AND FELL INTO THE MOVING BELT.

Reportable incidents

13 on file (excluding fatalities above)

2011 · 1 incident

January 24, 2011 WY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Western Wyoming Construction Co · Fall to the walkway or working surface

There were small amounts of ice on the ground located around the pit. EE was moving belt stand to the location we were going to use it when he slipped on a small patch of ice. He fell to his back and the stand landed on his hip.

2010 · 1 incident

October 27, 2010 WY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Western Wyoming Construction Co · Struck by... (Not Elsewhere Classified)

EE was holding a 3' bar while I was trying to pound a small pin into the end of the roller for a conveyor, when I hit the pin a small piece of metal split off the pin into the corner of the EE's eye. Had to take him to the doctor to get it removed.

2009 · 2 incidents

September 3, 2009 WY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Western Wyoming Construction Co · Over-exertion in lifting objects

He was lifting a cutting edge to be mounted on loader bucket. Lifted improperly and hurt lower back.

July 23, 2009 WY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Western Wyoming Construction Co · Fall from machine

He was working on a gear box. He had to stand on a tail pulley guard to reach it, which is about 3.5 ft off the ground. While working on the gearbox he was bringing up a wrench and slipped as he was climbing the tail pulley guard. He landed on a rock as he fell which caused him to loose his balance and fall on another rock on his hip.

2008 · 1 incident

August 20, 2008 WY · Metal/Non-Metal superintendent STRIKING OR BUMPING
Western Wyoming Construction Co · Struck against stationary object

Ducked under conveyor belt and stood up to fast and bumped head. He must have twisted, sending pain though right shoulder, neck and arm.

2003 · 4 incidents

July 1, 2003 WY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Circle Paving Inc · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS EMPTYING WATER OUT OF WATER TRUCK INTO WATER TANKER WHEN THE LEGS ON THE TANKER GAVE OUT, PINNING EMPLOYEE BETWEEN WATER TANKER AND WATER TRUCK.

June 18, 2003 WY · Metal/Non-Metal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Circle Paving Inc · Over-exertion in lifting objects

EMPLOYEE WAS LOADING BARREL INTO LOADER BUCKET AND HIT LIP OF BUCKET WITH BARREL AND HURT HIS BACK. EE WENT TO E.R. AND THEY COULDN'T FIND ANYTHING ON X-RAYS, SENDING HIM TO NEUROSURGEON. MAY HAVE AGGRAVATED OLD INJURY.

May 5, 2003 WY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Circle Paving Inc · Fall from machine

EE WAS STANDING ON THE BOTTOM GUARD OF ONE BELT WHILE TIGHTENING ONE BELT AND FELL 3 FEET ONTO HIS BACK. MAY HAVE CRACKED A VERTEBRAE.

April 16, 2003 WY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Circle Paving Inc · Over-exertion (Not Elsewhere Classified)

CAUGHT FOOT IN D-RING USED TO LIFT GUARD OFF. REPORTED INJ FROM HOUSE 2 WKS EARLIER -COULD HAVE BEEN AGGRAVATED

2002 · 1 incident

January 24, 2002 WY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Circle Paving Inc · Over-exertion (Not Elsewhere Classified)

SHOVELING UNDER A SCREEN AND OVER EXTENDED HIS RIGHT ARM CAUSING A TEAR IN HIS RIGHT ROTO CUFF.

2001 · 1 incident

May 30, 2001 WY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Circle Paving Inc · Struck against stationary object

EMPLOYEE WAS CLEARING MATERIAL OFF OF A CONVEYOR FRAME WITH A SHOVEL. IT WAS CAUGHT BETWEEN THE BELT AND AN IDLER ROLLER WHICH CAUSED THE WORKER'S LEFT HAND TO HIT THE CONVEYOR FRAME.

1990 · 1 incident

April 27, 1990 WY · Metal/Non-Metal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Sims Corp · Over-exertion (Not Elsewhere Classified)

A BELT BECAME PLUGGED IT WAS TURNED OFF & THE EMPLOYEE BEGAN CLEANING IT OUT BY SHOVELING & PULLED BACK

1989 · 1 incident

June 16, 1989 WY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech STEPPING OR KNEELING ON OBJECT
Sims Corp · Struck against stationary object

STEPPED DOWN FROM 17-72 CRUSHER CONE. STEPPED ON ROCK AND TWISTED LEFT KNEE.