Mining Incidents

Tyler Plant: 177 MSHA citations Metal/Non-Metal

U.S. Silica Company · Surface
Controlled by USS Holdings Inc
Lindale, Smith County, TX  ·  Abandoned
MSHA Mine ID: 4104182

Tyler Plant has $150K in proposed MSHA penalties and $100 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
2014–2018
Latest incident
Oct 2018
Compliance record
MSHA citations since 2001
177
citations
44
significant & substantial
$149,730
proposed penalties
$87,609
paid to date
59% of proposed penalties paid to date, a $62,121 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
67
inspections on record
1,253
inspection hours
14.1
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.
177 citations across 1,253 inspection hours.
Source: MSHA inspections data, updated weekly.

Tyler Plant has $150K in proposed MSHA penalties and $100 outstanding across 5 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.
$150K
proposed penalties
$88K
current assessed
$88K
paid to date
$100
outstanding
173 assessments are final orders; 5 contested dockets.
Of $121K in penalties contested before the Commission, $59K was upheld in final decisions.
As of the most recent assessment on 2019-04-10.
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.
25.4%
significant & substantial
9.8%
high negligence or reckless
25.4%
reasonably likely or greater
41.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 26.0% low, 64.2% moderate, 8.7% high, 1.2% 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.
45 citations taken to the federal commission · 25% of citations on record
  • Settled 45 · 100%
58%
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 12 decided S&S contests · industry: 79%
51%
Penalty reduction in decided contests
$121K proposed, $59K 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 2019-07-02.
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 2009-669M Settlement Miller 2011 $110K → $50K
CENT 2009-678M Settlement Lesnick 2010 $8K → $8K
CENT 2019-0286 Settlement Miller 2019 $1K → $363
CENT 2014-131M Settlement Lesnick 2014 $1K → $207
CENT 2008-138M Settlement Lesnick 2008 $800 → $800
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: 2019-04-10, 7 years ago
25%
of limit-tested samples over the exposure limit
32
samples
20
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz205 over
  • Respirable dust, <.1mg8
  • Unlisted Particulate, respirable, <1% Qtz4
Show the individual readings (32)
Date Contaminant Concentration Limit Conc / limit Occupation
2017-12-13 Quartz, respirable, >1% Qtz 0.27 0.27 1.00 Dry Screen Plant Operator
2015-09-23 Quartz, respirable, >1% Qtz 0.65 0.26 2.50 Cleanup Man
2014-03-26 Quartz, respirable, >1% Qtz 0.5 0.47 1.06 Sampler, Dust
2012-10-24 Quartz, respirable, >1% Qtz 0.68 0.43 1.58 Lab Technician
2009-12-09 Quartz, respirable, >1% Qtz 4.2 0.6 7.00 Washer Operator
2019-04-10 Quartz, respirable, >1% Qtz 0.28 0.42 0.67 Dry Screen Plant Operator
2019-04-10 Quartz, respirable, >1% Qtz 0.29 0.35 0.83 Washer Operator
2019-04-10 Respirable dust, <.1mg 0 Truck Driver
2017-12-13 Quartz, respirable, >1% Qtz 0.2 0.59 0.34 Dry Screen Plant Operator
2017-12-13 Respirable dust, <.1mg 0 Truck Loader
2017-12-13 Quartz, respirable, >1% Qtz 0.22 0.39 0.56 Dry Screen Plant Operator
2015-10-29 Quartz, respirable, >1% Qtz 0.21 0.45 0.47 Cleanup Man
2015-10-29 Quartz, respirable, >1% Qtz 0.16 0.52 0.31 Cleanup Man
2015-10-29 Quartz, respirable, >1% Qtz 0.44 1.43 0.31 Cleanup Man
2015-09-23 Quartz, respirable, >1% Qtz 0.19 0.98 0.19 Front-end Loader Operator
2015-09-23 Quartz, respirable, >1% Qtz 0.21 0.3 0.70 Cleanup Man
2014-03-26 Quartz, respirable, >1% Qtz 0.43 0.48 0.90 Scale Man
2014-03-26 Quartz, respirable, >1% Qtz 0.19 0.5 0.38 Front-end Loader Operator
2012-11-14 Quartz, respirable, >1% Qtz 0.32 0.96 0.33 Lab Technician
2012-10-24 Respirable dust, <.1mg 0 Cleanup Man
2012-10-24 Quartz, respirable, >1% Qtz 0.12 0.68 0.18 Kiln/Dryer Operator
2010-05-19 Quartz, respirable, >1% Qtz 0.25 0.61 0.41 Kiln/Dryer Operator
2009-12-09 Respirable dust, <.1mg 0 Backhoe Operator
2009-12-09 Quartz, respirable, >1% Qtz 0.14 0.66 0.21 Washer Operator
2009-08-05 Respirable dust, <.1mg 0 Truck Driver
2009-08-05 Respirable dust, <.1mg 0 Scale Man
2009-08-05 Respirable dust, <.1mg 0 Lab Technician
2004-12-09 Unlisted Particulate, respirable, <1% Qtz 0.21 Truck Driver
2004-12-09 Unlisted Particulate, respirable, <1% Qtz 0.18 Backhoe Operator
2003-11-13 Unlisted Particulate, respirable, <1% Qtz 0.72 Shovel Operator
2003-11-13 Respirable dust, <.1mg 0 Shovel Operator
2003-11-13 Unlisted Particulate, respirable, <1% Qtz 1.17 Truck Driver
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.

Tyler Plant recorded 0.00 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
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 1.94 and the all-US-mining average was 2.32 cases per 100 workers.
In Texas, metal and nonmetal mining averaged 1.84 cases per 100 workers that year.
Year total case rate days-away fatal
2019 0.00 0.00 0.000
2018 1.37 0.00 0.000
2017 2.01 1.00 0.000
2016 1.45 0.00 0.000
2015 1.26 0.00 0.000
2014 2.91 1.45 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 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. Wright Bros Specialty Sands 2000 to 2007
  2. NBR Sand, LLC 2007 to 2019
  3. U.S. Silica Company 2019 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2019 69
2018 101
2017 70
2016 63
2015 68
2014 55
2013 27
2012 30
2011 37
2010 23
2009 16
2008 8
2007 6
2006 7
2005 6
2004 6
2003 6
2002 6
2001 4
2000 4
Source: MSHA quarterly employment and production, updated weekly.

Tyler Plant sits in Smith County, Texas, where the Census mining category is 2.1% 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.
Smith County, Texas · Population 238,014
2.1%
Mining share of county employment
$71,923
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
2019 Q4 16,216 0 0 0.0
2019 Q3 40,619 0 0 0.0
2019 Q2 53,026 3 0 56.6
2019 Q1 57,658 2 0 34.7
2018 Q4 73,532 0 0 0.0
2018 Q3 82,917 0 0 0.0
2018 Q2 72,266 4 2 55.4
2018 Q1 64,029 0 0 0.0
Show 69 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q4 53,338 7 0 131.2
2017 Q3 52,964 0 0 0.0
2017 Q2 47,373 2 0 42.2
2017 Q1 45,385 0 0 0.0
2016 Q4 44,098 1 0 22.7
2016 Q3 35,647 0 0 0.0
2016 Q2 27,626 2 0 72.4
2016 Q1 30,519 0 0 0.0
2015 Q4 36,992 5 2 135.2
2015 Q3 39,951 0 0 0.0
2015 Q2 39,655 3 1 75.7
2015 Q1 41,847 0 0 0.0
2014 Q4 47,713 2 1 41.9
2014 Q3 36,784 0 0 0.0
2014 Q2 29,792 0 0 0.0
2014 Q1 23,319 3 0 128.7
2013 Q4 23,284 5 0 214.7
2013 Q3 14,623 0 0 0.0
2013 Q2 18,275 3 2 164.2
2013 Q1 16,573 0 0 0.0
2012 Q4 18,365 6 2 326.7
2012 Q3 17,304 0 0 0.0
2012 Q2 21,874 4 2 182.9
2012 Q1 26,585 5 1 188.1
2011 Q4 28,969 0 0 0.0
2011 Q3 25,607 0 0 0.0
2011 Q2 21,029 3 1 142.7
2011 Q1 20,677 3 0 145.1
2010 Q4 23,580 0 0 0.0
2010 Q3 21,030 0 0 0.0
2010 Q2 16,686 3 0 179.8
2010 Q1 10,419 1 0 96.0
2009 Q4 9,616 10 6 1039.9
2009 Q3 11,186 2 0 178.8
2009 Q2 6,561 33 7 5029.7
2009 Q1 5,006 0 0 0.0
2008 Q4 8,575 8 4 932.9
2008 Q2 3,927 2 0 509.3
2008 Q1 3,567 0 0 0.0
2007 Q4 3,375 0 0 0.0
2007 Q3 3,065 8 0 2610.1
2007 Q2 2,189 0 0 0.0
2007 Q1 2,480 0 0 0.0
2006 Q4 2,449 4 1 1633.3
2006 Q3 2,809 0 0 0.0
2006 Q2 3,082 0 0 0.0
2006 Q1 3,025 0 0 0.0
2005 Q4 2,880 4 0 1388.9
2005 Q3 3,034 0 0 0.0
2005 Q2 3,234 0 0 0.0
2005 Q1 2,908 0 0 0.0
2004 Q4 2,722 0 0 0.0
2004 Q3 2,940 0 0 0.0
2004 Q2 2,802 1 0 356.9
2004 Q1 3,097 0 0 0.0
2003 Q4 3,261 3 0 920.0
2003 Q3 3,137 0 0 0.0
2003 Q2 3,347 0 0 0.0
2003 Q1 3,624 1 0 275.9
2002 Q4 3,694 0 0 0.0
2002 Q3 4,194 1 0 238.4
2002 Q2 2,950 0 0 0.0
2002 Q1 3,041 0 0 0.0
2001 Q4 2,278 2 0 878.0
2001 Q3 2,583 4 2 1548.6
2001 Q2 791 1 0 1264.2
2001 Q1 2,285 2 0 875.3
2000 Q4 2,302 0 0 0.0
2000 Q3 2,576 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

12 on file

2018 · 3 incidents

October 17, 2018 TX · Metal/Non-Metal washer operator, sizing operator SLIP OR FALL OF PERSON
NBR Sand, LLC · Fall onto or against objects

The Operator was performing maintenance on a gear box that was located on the ground at the Wet Plant Department. Operator was bent down while performing the job, when Operator raised up and stepped back, lost footing and slipped. As Operator was slipping, forehead encountered the gear box motor mount, resulting in a laceration.

July 6, 2018 TX · Metal/Non-Metal electrician, lineman SLIP OR FALL OF PERSON
NBR Sand, LLC · Fall onto or against objects

Employee was attempting to dismount a 15KVA electrical transformer approximately one foot off the ground near the scale station. Employee lost balance which resulted in the employee hitting head on a piece of unistrut used to mount transformer. Employee WAS wearing hard hat and safety glasses.

January 30, 2018 TX · Metal/Non-Metal dry screening plant operator, screen house operator HANDLING OF MATERIALS
NBR Sand, LLC · Over-exertion (Not Elsewhere Classified)

While performing routine maintenance/clean-up near tail pulley of conveyor miner felt a pain in EE's left knee while twisting and bending.

2017 · 3 incidents

August 16, 2017 TX · Metal/Non-Metal welder (non-shop) HANDLING OF MATERIALS
NBR Sand, LLC · Caught in, under or between a moving and a stationary object

While installing belt for new conveyor, EE had left hand clasped on cable, to close to snatch block pulley system, when the tension relieved itself from belt thus jerking left hand into pulley, and pinching small finger between cable and frame of pulley.

June 21, 2017 TX · Metal/Non-Metal cement worker, concrete worker, form man, mandoseal man HANDLING OF MATERIALS
NBR Sand, LLC · Caught in, under or between a moving and a stationary object

Rigging a bundle of rebar with chains, bundle was raised, a 2x4 was placed under the bundle. As the bundle was lowered, the employees' pinky finger on right hand was caught between the 2x4 and the ground. Produced an open fracture of tuft of distal phalanx of finger.

May 10, 2017 TX · Metal/Non-Metal outside foreman, leadman HANDTOOLS (NONPOWERED)
NBR Sand, LLC · Struck by... (Not Elsewhere Classified)

Miner who was injured had hand in the line of fire of a 2lb hammer that was being utilized for the roller replacement maintenance activity. Miner did not perform task in a manner where the safety risk for hand injuries was minimized. Miner received a laceration at the tip of the index finger.

2016 · 1 incident

May 15, 2016 TX · Metal/Non-Metal groundman, yardman HANDTOOLS (NONPOWERED)
NBR Sand, LLC · Struck against stationary object

was torqueing the take up to track a belt and the wrench slipped which caused EE's hand to hit the guard causing a laceration on the palm of EE's right hand. Received 5 sutures in right hand.

2015 · 3 incidents

July 23, 2015 TX · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger HANDTOOLS (NONPOWERED)
NBR Sand, LLC · Struck by... (Not Elsewhere Classified)

Employee was cleaning area prior to installing bumpers to screen building. He was cutting a piece of debris with a utility knife. The knife slipped and struck his face knocking off his eye protection and cutting the bridge of his nose. Conditions were dry. After seeing a doctor he was told he could return to work. He was prescribed antibiotic only.

April 30, 2015 TX · Metal/Non-Metal dry screening plant operator, screen house operator SLIP OR FALL OF PERSON
NBR Sand, LLC · Fall to lower level, (Not Elsewhere Classified)

Employee was standing on poly pipe while attempting to pick up a piece of wood, was startled by a snake, slipped on the pipe and landed on his shoulder. Dr. visit and x-rays determined that the shoulder was separated. Initial Dr. visit suggested seeing an pediatric orthopedist to see if surgery would be necessary.

March 5, 2015 TX · Metal/Non-Metal belt foreman, maintenance foreman, maintenance supervisor MACHINERY
NBR Sand, LLC · Caught in, under or between (Not Elsewhere Classified)

Employee was working too close to an energized auger with a hole in the housing exposing him to moving parts. The auger was not locked out. The employee was removing silicone from around the hole in the auger housing tube while the auger was running. The employee's welding glove was caught in the auger and pulled his thumb in.

2014 · 2 incidents

September 5, 2014 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
NBR Sand, LLC · Caught in, under or between a moving and a stationary object

Miner was placing pipe on forks of a sky track and his fingers got pinched between pipes

June 5, 2014 TX · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
NBR Sand, LLC · Struck by flying object

Another employee was beating a bearing with a hammer. EE was standing next to the employee watching when a small sliver of metal flew out and hit him in the hand. He was not wearing gloves and there was only a small abrasion. He removed the metal and stated he did not need any additional medical attention.