Mining Incidents

Spread #1: 31 MSHA citations Metal/Non-Metal

Reker Construction · Surface
Controlled by Gary Reker
Kenneth, Rock County, MN  ·  Abandoned
MSHA Mine ID: 2103587

Spread #1 has $5K 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 2010
31
citations
3
significant & substantial
$5,233
proposed penalties
$4,040
paid to date
77% of proposed penalties paid to date, a $1,193 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
21
inspections on record
196
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: 196 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Spread #1 has $5K 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.
$5K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
31 assessments are final orders; 1 contested dockets.
Of $2K in penalties contested before the Commission, $807 was upheld in final decisions.
As of the most recent assessment on 2021-07-26.
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.
9.7%
significant & substantial
3.2%
high negligence or reckless
9.7%
reasonably likely or greater
45.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 25.8% low, 71.0% moderate, 3.2% 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
  • 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%
60%
Penalty reduction in decided contests
$2K proposed, $807 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 2011-01-28.
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
LAKE 2011-352M Settlement Gill 2011 $2K → $807
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: 2019-09-04, 7 years ago
2
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg1
  • Unlisted Particulate, total, <1% Qtz1
Show the individual readings (2)
Date Contaminant Concentration Limit Conc / limit Occupation
2019-09-04 Unlisted Particulate, total, <1% Qtz 0.16 Scraper Operator
2011-09-20 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.
Ownership history
  1. Reker Construction 2007 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2023 3
2022 3
2021 3
2020 4
2019 2
2018 3
2017 4
2016 3
2015 3
2014 2
2013 2
2012 3
2011 2
2010 2
2009 2
2008 2
2007 2
Source: MSHA quarterly employment and production, updated weekly.

Spread #1 sits in Rock County, Minnesota, where the Census mining category is 0.3% 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.
Rock County, Minnesota · Population 9,628
0.3%
Mining share of county employment
$70,698
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 Q2 326 0 0 0.0
2023 Q1 4 0 0 0.0
2022 Q4 127 0 0 0.0
2022 Q3 167 0 0 0.0
2022 Q2 123 0 0 0.0
2022 Q1 2 0 0 0.0
2021 Q4 291 0 0 0.0
2021 Q3 258 1 0 3876.0
Show 54 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q2 87 0 0 0.0
2021 Q1 4 0 0 0.0
2020 Q4 332 0 0 0.0
2020 Q3 322 3 0 9316.8
2020 Q2 254 0 0 0.0
2019 Q4 344 0 0 0.0
2019 Q3 332 2 0 6024.1
2019 Q2 1 0 0 0.0
2019 Q1 1 1 0 1000000.0
2018 Q4 86 0 0 0.0
2018 Q3 713 2 0 2805.0
2018 Q2 1 0 0 0.0
2018 Q1 4 0 0 0.0
2017 Q4 201 0 0 0.0
2017 Q3 832 2 1 2403.8
2017 Q2 405 0 0 0.0
2017 Q1 32 0 0 0.0
2016 Q4 215 0 0 0.0
2016 Q3 385 0 0 0.0
2016 Q2 307 0 0 0.0
2016 Q1 1 0 0 0.0
2015 Q4 104 0 0 0.0
2015 Q3 319 0 0 0.0
2015 Q1 0 0 0
2014 Q4 138 0 0 0.0
2014 Q3 167 2 0 11976.0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 87 0 0 0.0
2013 Q3 201 7 1 34825.9
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 115 0 0 0.0
2012 Q3 378 0 0 0.0
2012 Q2 527 0 0 0.0
2012 Q1 74 0 0 0.0
2011 Q4 212 0 0 0.0
2011 Q3 606 1 0 1650.2
2011 Q2 239 2 0 8368.2
2011 Q1 0 0 0
2010 Q4 450 0 0 0.0
2010 Q3 469 8 1 17057.6
2010 Q2 540 0 0 0.0
2010 Q1 0 0 0
2009 Q4 40 0 0 0.0
2009 Q3 432 0 0 0.0
2009 Q2 194 0 0 0.0
2009 Q1 0 0 0
2008 Q4 100 0 0 0.0
2008 Q2 210 0 0 0.0
2008 Q1 10 0 0 0.0
2007 Q4 40 0 0 0.0
2007 Q3 164 0 0 0.0
2007 Q2 103 0 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.