Mining Incidents

Scottsbluff - Kembel Pit: 18 MSHA citations Metal/Non-Metal

Controlled by Leah Kembel
Scottsbluff, Scotts Bluff County, NE  ·  Abandoned
MSHA Mine ID: 2501033

Scottsbluff - Kembel Pit has $6K in proposed MSHA penalties and $0 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
1985–1992
Latest incident
May 1992
Compliance record
MSHA citations since 2004
18
citations
7
significant & substantial
$5,970
proposed penalties
$2,421
paid to date
41% of proposed penalties paid to date, a $3,549 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
27
inspections on record
299
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: 299 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Scottsbluff - Kembel Pit has $6K in proposed MSHA penalties and $0 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.
$6K
proposed penalties
$2K
current assessed
$2K
paid to date
$0
outstanding
17 assessments are final orders; 2 contested dockets.
Of $5K in penalties contested before the Commission, $721 was upheld in final decisions.
As of the most recent assessment on 2022-08-02.
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.
41.2%
significant & substantial
5.9%
high negligence or reckless
41.2%
reasonably likely or greater
70.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.8% low, 82.4% moderate, 5.9% 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 · 22% of citations on record
  • Settled 3 · 75%
  • Vacated or withdrawn 1 · 25%
75%
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 4 decided S&S contests · industry: 79%
84%
Penalty reduction in decided contests
$5K proposed, $721 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 2010-07-29.
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 2010-1072M Settlement Feldman 2013 $4K → $600
CENT 2010-1073M Settlement Lesnick 2011 $513 → $121
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: 2019-10-17, 6 years ago
0%
of limit-tested samples over the exposure limit
4
samples
2
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz2
  • Respirable dust, <.1mg2
Show the individual readings (4)
Date Contaminant Concentration Limit Conc / limit Occupation
2019-10-17 Respirable dust, <.1mg 0 Front-end Loader Operator
2019-10-17 Respirable dust, <.1mg 0 Dredge/Barge Operator
2010-09-01 Quartz, respirable, >1% Qtz 0.17 0.45 0.38 Front-end Loader Operator
2010-09-01 Quartz, respirable, >1% Qtz 0.17 1.32 0.13 Laborer, Bullgang
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. Kembel Sand & Gravel 1985 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2023 0
2022 2
2021 2
2020 3
2019 2
2018 2
2017 2
2016 3
2015 2
2014 2
2013 3
2012 4
2011 4
2010 5
2009 3
2008 3
2007 4
2006 3
2005 3
2004 4
2003 1
2002 0
2001 1
2000 1
Source: MSHA quarterly employment and production, updated weekly.

Scottsbluff - Kembel Pit sits in Scotts Bluff County, Nebraska, where the Census mining category is 0.1% 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.
Scotts Bluff County, Nebraska · Population 35,937
0.1%
Mining share of county employment
$60,960
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
2023 Q3 0 0 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 347 1 0 2881.8
2022 Q2 192 0 0 0.0
2022 Q1 0 0 0
2021 Q4 124 0 0 0.0
Show 87 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q3 367 0 0 0.0
2021 Q2 1 0 0 0.0
2021 Q1 1 0 0 0.0
2020 Q4 243 0 0 0.0
2020 Q3 466 0 0 0.0
2020 Q2 291 0 0 0.0
2020 Q1 1 0 0 0.0
2019 Q4 216 1 0 4629.6
2019 Q3 412 0 0 0.0
2019 Q2 251 0 0 0.0
2019 Q1 0 0 0
2018 Q4 65 0 0 0.0
2018 Q3 290 0 0 0.0
2018 Q2 73 0 0 0.0
2018 Q1 0 0 0
2017 Q4 201 0 0 0.0
2017 Q3 508 0 0 0.0
2017 Q2 295 0 0 0.0
2017 Q1 0 0 0
2016 Q4 422 0 0 0.0
2016 Q3 832 0 0 0.0
2016 Q2 597 0 0 0.0
2016 Q1 51 0 0 0.0
2015 Q4 200 0 0 0.0
2015 Q3 495 0 0 0.0
2015 Q2 300 0 0 0.0
2015 Q1 0 0 0
2014 Q4 120 0 0 0.0
2014 Q3 225 0 0 0.0
2014 Q2 144 0 0 0.0
2014 Q1 0 0 0
2013 Q4 94 0 0 0.0
2013 Q3 537 0 0 0.0
2013 Q2 309 0 0 0.0
2013 Q1 70 0 0 0.0
2012 Q4 685 0 0 0.0
2012 Q3 564 1 0 1773.0
2012 Q2 1,114 0 0 0.0
2012 Q1 70 0 0 0.0
2011 Q4 222 0 0 0.0
2011 Q3 672 0 0 0.0
2011 Q2 180 0 0 0.0
2011 Q1 40 0 0 0.0
2010 Q4 1,588 0 0 0.0
2010 Q3 672 0 0 0.0
2010 Q2 474 11 6 23206.8
2010 Q1 392 1 0 2551.0
2009 Q4 587 0 0 0.0
2009 Q3 1,116 0 0 0.0
2009 Q2 935 2 1 2139.0
2009 Q1 641 0 0 0.0
2008 Q4 766 0 0 0.0
2008 Q3 1,249 0 0 0.0
2008 Q2 390 0 0 0.0
2008 Q1 502 0 0 0.0
2007 Q4 363 0 0 0.0
2007 Q3 862 0 0 0.0
2007 Q2 614 0 0 0.0
2007 Q1 1,686 0 0 0.0
2006 Q4 547 0 0 0.0
2006 Q3 883 0 0 0.0
2006 Q2 912 0 0 0.0
2006 Q1 971 0 0 0.0
2005 Q4 1,236 0 0 0.0
2005 Q3 1,536 0 0 0.0
2005 Q2 789 0 0 0.0
2005 Q1 1,048 0 0 0.0
2004 Q4 924 0 0 0.0
2004 Q3 1,470 0 0 0.0
2004 Q2 2,119 1 0 471.9
2004 Q1 1,752 0 0 0.0
2003 Q4 642 0 0 0.0
2003 Q3 0 0 0
2003 Q2 0 0 0
2003 Q1 0 0 0
2002 Q4 0 0 0
2002 Q3 0 0 0
2002 Q2 0 0 0
2002 Q1 0 0 0
2001 Q4 0 0 0
2001 Q3 12 0 0 0.0
2001 Q2 16 0 0 0.0
2001 Q1 0 0 0
2000 Q4 0 0 0
2000 Q3 20 0 0 0.0
2000 Q2 1,140 0 0 0.0
2000 Q1 101 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

4 on file

1992 · 1 incident

May 23, 1992 NE · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand MACHINERY
Kembel Sand & Gravel · Caught in, under or between a moving and a stationary object

WELDING ON DOG HOUSE IT FELL OVER PINNING FOOT BENEATH

1990 · 2 incidents

August 1, 1990 NE · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand MACHINERY
Kembel Sand & Gravel · Struck by... (Not Elsewhere Classified)

ADJUSTING WENCH BRAKE. HIT HIMSELF IN CHIN.

April 5, 1990 NE · Metal/Non-Metal mine manager, mine foreman, mine owner HANDTOOLS (NONPOWERED)
Kembel Sand & Gravel · Struck by... (Not Elsewhere Classified)

UNAVOIDABLE ACCIDENT WRENCH SLIPPED WHILE WORKING ON TRUCK. CUT ARM AND PULLED MUSCLE IN BACK.

1985 · 1 incident

November 9, 1985 NE · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Kembel Sand & Gravel · Struck by... (Not Elsewhere Classified)

WHILE HAND CRAN5ING A PONY ENGINE THE CRANK SPUN AROUND HITTING I.NAME IN THE RT FOREARM RESULTING IN THE FRACTURE