Mining Incidents

Smail Portable: 7 MSHA citations Metal/Non-Metal

Smail Construction, Inc. · Surface
Controlled by Dale R Smail
Alder, Madison County, MT  ·  Temporarily Idled
MSHA Mine ID: 2402470

Smail Portable has $1K in proposed MSHA penalties and $0 outstanding across 1 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 2008
7
citations
1
significant & substantial
$1,394
proposed penalties
$1,394
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
13
inspections on record
190
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: 190 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Smail Portable has $1K 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.
$1K
proposed penalties
$1K
current assessed
$1K
paid to date
$0
outstanding
5 assessments are final orders; 1 contested dockets.
Of $971 in penalties contested before the Commission, $971 was upheld in final decisions.
As of the most recent assessment on 2020-04-14.
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.
14.3%
significant & substantial
14.3%
high negligence or reckless
14.3%
reasonably likely or greater
14.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 42.9% low, 42.9% moderate, 14.3% 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 · 14% of citations on record
  • Settled 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
$971 proposed, $971 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 2008-11-12.
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
WEST 2009-138M Settlement Lesnick 2009 $971 → $971
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Smail Construction, Inc. 2007 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 3
2025 3
2024 1
2023 1
2022 3
2021 2
2020 3
2019 1
2018 1
2017 1
2016 1
2015 1
2014 2
2013 2
2012 2
2011 1
2010 3
2009 2
2008 3
2007 3
Source: MSHA quarterly employment and production, updated weekly.

Smail Portable sits in Madison County, Montana, where the Census mining category is 2.4% 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.
Madison County, Montana · Population 8,975
2.4%
Mining share of county employment
$67,420
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 11 0 0 0.0
2026 Q1 18 0 0 0.0
2025 Q4 11 0 0 0.0
2025 Q3 15 0 0 0.0
2025 Q2 15 0 0 0.0
2025 Q1 51 0 0 0.0
2024 Q4 3 0 0 0.0
2024 Q3 3 0 0 0.0
Show 69 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 9 0 0 0.0
2024 Q1 3 0 0 0.0
2023 Q4 3 0 0 0.0
2023 Q3 0 0 0
2023 Q2 23 0 0 0.0
2023 Q1 3 0 0 0.0
2022 Q4 11 0 0 0.0
2022 Q3 35 0 0 0.0
2022 Q2 34 0 0 0.0
2022 Q1 14 0 0 0.0
2021 Q4 11 0 0 0.0
2021 Q3 20 0 0 0.0
2021 Q2 0 0 0
2021 Q1 20 0 0 0.0
2020 Q4 19 0 0 0.0
2020 Q3 66 0 0 0.0
2020 Q2 113 1 0 8849.6
2020 Q1 20 0 0 0.0
2019 Q4 100 0 0 0.0
2019 Q3 48 0 0 0.0
2019 Q2 40 0 0 0.0
2019 Q1 4 0 0 0.0
2018 Q4 30 0 0 0.0
2018 Q3 79 0 0 0.0
2018 Q2 88 0 0 0.0
2018 Q1 16 0 0 0.0
2017 Q4 18 0 0 0.0
2017 Q3 35 0 0 0.0
2017 Q2 2 0 0 0.0
2017 Q1 13 0 0 0.0
2016 Q4 0 0 0
2016 Q3 22 0 0 0.0
2016 Q2 16 0 0 0.0
2016 Q1 18 0 0 0.0
2015 Q4 12 0 0 0.0
2015 Q3 9 0 0 0.0
2015 Q2 35 0 0 0.0
2015 Q1 14 2 0 142857.1
2014 Q4 32 0 0 0.0
2014 Q2 16 0 0 0.0
2014 Q1 22 0 0 0.0
2013 Q4 0 0 0
2013 Q3 34 0 0 0.0
2013 Q2 50 0 0 0.0
2013 Q1 9 0 0 0.0
2012 Q4 84 0 0 0.0
2012 Q3 113 0 0 0.0
2012 Q2 36 0 0 0.0
2012 Q1 16 0 0 0.0
2011 Q4 0 0 0
2011 Q3 2 0 0 0.0
2011 Q2 0 0 0
2011 Q1 0 0 0
2010 Q4 16 0 0 0.0
2010 Q3 120 0 0 0.0
2010 Q2 144 1 0 6944.4
2010 Q1 568 0 0 0.0
2009 Q4 504 0 0 0.0
2009 Q3 588 0 0 0.0
2009 Q2 432 0 0 0.0
2009 Q1 504 0 0 0.0
2008 Q4 573 0 0 0.0
2008 Q3 0 1 1
2008 Q2 720 0 0 0.0
2008 Q1 620 0 0 0.0
2007 Q4 540 0 0 0.0
2007 Q3 488 0 0 0.0
2007 Q2 0 0 0
2007 Q1 0 0 0

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.