Mining Incidents

Smith Pit: 106 MSHA citations Metal/Non-Metal

Controlled by Zack Burkett III
Newcastle, Young County, TX  ·  Active
MSHA Mine ID: 4103876

Smith Pit has $35K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
7
Years on record
1997–2016
Latest incident
Apr 2016
Compliance record
MSHA citations since 2000
106
citations
29
significant & substantial
$35,310
proposed penalties
$25,921
paid to date
73% of proposed penalties paid to date, a $9,389 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
71
inspections on record
896
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: 896 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Smith Pit has $35K in proposed MSHA penalties and $0 outstanding across 4 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.
$35K
proposed penalties
$26K
current assessed
$26K
paid to date
$0
outstanding
106 assessments are final orders; 4 contested dockets.
Of $14K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2025-10-08.
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.
27.4%
significant & substantial
7.5%
high negligence or reckless
27.4%
reasonably likely or greater
45.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 12.3% low, 80.2% moderate, 7.5% 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 · 4% of citations on record
  • Settled 3 · 75%
  • Stood as issued 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 2 decided S&S contests · industry: 79%
67%
Penalty reduction in decided contests
$14K proposed, $5K 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 2025-12-02.
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 2026-0026 Settlement Simonton 2026 $13K → $4K
CENT 2013-155M Settlement Lesnick 2013 $334 → $334
CENT 2009-370M Settlement Lesnick 2009 $100 → $100
CENT 2009-720M Default Lesnick 2011 $100 → $100
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: 2018-05-23, 8 years ago
0%
of limit-tested samples over the exposure limit
15
samples
3
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg11
  • Quartz, respirable, >1% Qtz3
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (15)
Date Contaminant Concentration Limit Conc / limit Occupation
2018-05-23 Quartz, respirable, >1% Qtz 0.34 0.69 0.49 Front-end Loader Operator
2018-05-23 Respirable dust, <.1mg 0 Cleanup Man
2018-05-23 Quartz, respirable, >1% Qtz 0.75 0.85 0.88 Truck Driver
2017-05-24 Respirable dust, <.1mg 0 Washer Operator
2017-05-24 Respirable dust, <.1mg 0 Front-end Loader Operator
2017-05-24 Quartz, respirable, >1% Qtz 0.15 0.68 0.22 Front-end Loader Operator
2017-05-24 Respirable dust, <.1mg 0 Truck Driver
2012-12-11 Respirable dust, <.1mg 0 Rotary Bucket Ex. Operator
2012-12-11 Respirable dust, <.1mg 0 Front-end Loader Operator
2012-12-11 Respirable dust, <.1mg 0 Front-end Loader Operator
2009-09-09 Respirable dust, <.1mg 0 Dredge/Barge Operator
2009-09-09 Respirable dust, <.1mg 0 Utility Man
2009-09-09 Respirable dust, <.1mg 0 Front-end Loader Operator
2002-09-25 Unlisted Particulate, respirable, <1% Qtz 0.3 Front-end Loader Operator
2002-09-25 Respirable dust, <.1mg 0 Bulldozer 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.

Smith Pit recorded 0.00 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US metal and nonmetal mining average was 1.65 and the all-US-mining average was 1.97 cases per 100 workers.
In Texas, metal and nonmetal mining averaged 1.17 cases per 100 workers that year.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year total case rate days-away fatal
2025 * 0.00 0.00 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
2017 * 0.00 0.00 0.000
2016 * 9.45 0.00 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Ownership history
  1. Young County Sand & Gravel Limited 1995 to 2005
  2. Zack Burkett Company 2005 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 11
2025 11
2024 10
2023 10
2022 12
2021 9
2020 8
2019 7
2018 9
2017 9
2016 9
2015 10
2014 7
2013 6
2012 5
2011 6
2010 3
2009 7
2008 9
2007 8
2006 7
2005 5
2004 5
2003 4
2002 5
2001 6
2000 10
Source: MSHA quarterly employment and production, updated weekly.

Smith Pit sits in Young County, Texas, where the Census mining category is 9.2% 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.
Young County, Texas · Population 17,963
9.2%
Mining share of county employment
$63,723
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 7,962 0 0 0.0
2026 Q1 7,759 0 0 0.0
2025 Q4 7,742 3 0 387.5
2025 Q3 7,692 0 0 0.0
2025 Q2 7,348 5 1 680.5
2025 Q1 6,396 2 1 312.7
2024 Q4 6,743 0 0 0.0
2024 Q3 7,334 3 1 409.1
Show 96 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 6,473 0 0 0.0
2024 Q1 6,559 5 0 762.3
2023 Q4 3,858 0 0 0.0
2023 Q3 5,239 2 0 381.8
2023 Q2 8,464 0 0 0.0
2023 Q1 7,086 0 0 0.0
2022 Q4 7,832 0 0 0.0
2022 Q3 7,974 5 0 627.0
2022 Q2 8,973 0 0 0.0
2022 Q1 6,288 2 0 318.1
2021 Q4 6,120 0 0 0.0
2021 Q3 7,527 2 1 265.7
2021 Q2 6,832 0 0 0.0
2021 Q1 4,897 1 0 204.2
2020 Q4 6,686 0 0 0.0
2020 Q3 5,800 1 0 172.4
2020 Q2 5,127 0 0 0.0
2020 Q1 1,672 1 1 598.1
2019 Q4 4,721 0 0 0.0
2019 Q3 4,896 1 0 204.2
2019 Q2 4,361 0 0 0.0
2019 Q1 3,705 0 0 0.0
2018 Q4 4,921 1 0 203.2
2018 Q3 5,234 0 0 0.0
2018 Q2 7,026 2 2 284.7
2018 Q1 4,562 1 0 219.2
2017 Q4 4,002 0 0 0.0
2017 Q3 5,300 0 0 0.0
2017 Q2 5,981 3 0 501.6
2017 Q1 6,007 2 0 332.9
2016 Q4 5,912 0 0 0.0
2016 Q3 4,804 1 0 208.2
2016 Q2 6,145 0 0 0.0
2016 Q1 4,294 1 0 232.9
2015 Q4 7,980 0 0 0.0
2015 Q3 9,501 0 0 0.0
2015 Q2 7,073 2 2 282.8
2015 Q1 4,966 0 0 0.0
2014 Q4 6,521 1 0 153.4
2014 Q3 6,671 0 0 0.0
2014 Q2 5,747 3 1 522.0
2014 Q1 3,598 1 0 277.9
2013 Q4 3,747 0 0 0.0
2013 Q3 4,477 0 0 0.0
2013 Q2 4,392 1 0 227.7
2013 Q1 3,706 0 0 0.0
2012 Q4 3,747 2 1 533.8
2012 Q3 3,101 3 2 967.4
2012 Q2 2,941 0 0 0.0
2012 Q1 3,789 1 1 263.9
2011 Q4 3,893 1 0 256.9
2011 Q3 3,830 2 0 522.2
2011 Q2 4,458 0 0 0.0
2011 Q1 3,210 3 0 934.6
2010 Q4 1,768 0 0 0.0
2010 Q3 1,363 1 0 733.7
2010 Q2 1,831 0 0 0.0
2010 Q1 3,087 1 1 323.9
2009 Q4 3,356 0 0 0.0
2009 Q3 4,314 0 0 0.0
2009 Q2 4,369 4 0 915.5
2009 Q1 4,087 6 0 1468.1
2008 Q4 5,215 0 0 0.0
2008 Q3 6,414 0 0 0.0
2008 Q2 6,406 0 0 0.0
2008 Q1 5,906 4 1 677.3
2007 Q4 5,738 0 0 0.0
2007 Q2 5,696 0 0 0.0
2007 Q1 3,863 0 0 0.0
2006 Q4 3,804 0 0 0.0
2006 Q3 5,410 0 0 0.0
2006 Q2 4,460 1 1 224.2
2006 Q1 4,335 0 0 0.0
2005 Q4 266 1 0 3759.4
2005 Q3 1,930 0 0 0.0
2005 Q2 1,752 0 0 0.0
2005 Q1 1,375 0 0 0.0
2004 Q4 832 0 0 0.0
2004 Q3 1,534 0 0 0.0
2004 Q2 1,332 0 0 0.0
2003 Q4 867 0 0 0.0
2003 Q3 718 1 0 1392.8
2003 Q2 990 1 0 1010.1
2003 Q1 463 0 0 0.0
2002 Q4 1,331 0 0 0.0
2002 Q3 2,649 0 0 0.0
2002 Q2 2,411 0 0 0.0
2002 Q1 1,546 0 0 0.0
2001 Q4 2,098 0 0 0.0
2001 Q3 239 0 0 0.0
2001 Q2 4,016 4 3 996.0
2001 Q1 2,972 0 0 0.0
2000 Q4 4,148 0 0 0.0
2000 Q3 4,278 5 3 1168.8
2000 Q2 5,059 0 0 0.0
2000 Q1 4,659 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

7 on file

2016 · 1 incident

April 22, 2016 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Zack Burkett Company · Fall from machine

Employee was going to measure a return roller on the conveyor belt to wash screen. Support on frame gave way causing employee to fall.

2008 · 2 incidents

December 19, 2008 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Zack Burkett Company · Caught in, under or between a moving and a stationary object

Employee was checking for an air leak on the front end loader. His left hand got caught between the service brake linkage and the parking brake linkage resulting in a mashed finger.

July 1, 2008 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Zack Burkett Company · Fall onto or against objects

Operator was climbing down from service area when his foot slipped on bottom rung of ladder causing him to hit his left side on the bumper of the truck.

2007 · 1 incident

March 27, 2007 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Zack Burkett Company · Struck by... (Not Elsewhere Classified)

He was working on the dredge when a hose came loose and hit him on the left side of his upper body.

2002 · 1 incident

July 31, 2002 TX · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Young County Sand & Gravel Limited · Struck by flying object

DIESEL TANK ON HILL, REFUELING SERVICE TRUCK TANK, HE FAILED TO RELEASE PRESSURE ON TANK BEFORE REMOVING CAP. FUEL CAP HIT HIM IN THE MOUTH, BUSTING LIP & KNOCKING OUT SOME TEETH.

2000 · 1 incident

October 9, 2000 TX · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Young County Sand & Gravel Limited · Over-exertion (Not Elsewhere Classified)

PUTTING UP SAFETY SIGN FOR MSHA. WAS PUSHING ON SIGN POST WHEN KNEE DISLOCATED.

1997 · 1 incident

May 1, 1997 TX · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Young County Sand & Gravel Limited · Fall from machine

EMPLOYEE WAS CLIMBING UP EXCAVATOR AND FELL, HITTING HIS RIB ON THE TRACK. X-RAYS WERE TAKEN AT THE ER WHICH DETERMINED THE RIB WAS FRACTURED. LOYEE TO RETURN TO DR'S OFFICE IN ONE WEEK.