Mining Incidents

Wash Plant: 20 MSHA citations Metal/Non-Metal

Controlled by Mitchell B Mahrer
Britton, Marshall County, SD  ·  Intermittent
MSHA Mine ID: 3901153

Wash Plant has $5K 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
2
Years on record
1987–2010
Latest incident
Apr 2010
Compliance record
MSHA citations since 2000
20
citations
9
significant & substantial
$4,801
proposed penalties
$4,793
paid to date
100% of proposed penalties paid to date, a $8 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
39
inspections on record
349
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: 349 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Wash Plant has $5K 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.
$5K
proposed penalties
$5K
current assessed
$5K
paid to date
$0
outstanding
20 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2024-11-13.
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.
45.0%
significant & substantial
25.0%
high negligence or reckless
45.0%
reasonably likely or greater
65.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.0% low, 55.0% moderate, 25.0% 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.
3 citations taken to the federal commission · 15% of citations on record
  • Settled 1 · 33%
  • Stood as issued 1 · 33%
  • Vacated or withdrawn 1 · 33%
50%
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%
5%
Penalty reduction in decided contests
$2K proposed, $2K 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 2010-07-16.
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 2010-1026M Default Lesnick 2011 $2K → $2K
CENT 2010-1027M Settlement Lesnick 2012 $208 → $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: 2022-07-27, 4 years ago
0%
of limit-tested samples over the exposure limit
4
samples
1
limit-tested
Most sampled contaminants
  • Nuisance dust, respirable, <1% Qtz1
  • Quartz, respirable, >1% Qtz1
  • Respirable dust, <.1mg1
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (4)
Date Contaminant Concentration Limit Conc / limit Occupation
2022-07-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2019-09-24 Quartz, respirable, >1% Qtz 0.41 Front-end Loader Operator
2019-09-24 Nuisance dust, respirable, <1% Qtz 0.31 10 0.03 Front-end Loader Operator
2009-09-09 Unlisted Particulate, respirable, <1% Qtz 0.5 Washer Operator

Area samples (mill and shop air)

Last sampled: 2017-06-13, 9 years ago
1
samples
Show the individual readings (1)
Date Contaminant Concentration Limit Conc / limit Area sampled
2017-06-13 Respirable dust, <.1mg 0 MP WASH/SCREEN
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. Bernard Mahrer Construction Inc 1978 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 1
2025 2
2024 2
2023 2
2022 2
2021 2
2020 2
2019 2
2018 2
2017 2
2016 2
2015 2
2014 2
2013 3
2012 2
2011 3
2010 3
2009 3
2008 2
2007 4
2006 4
2005 4
2004 6
2003 5
2002 6
2001 5
2000 5
Source: MSHA quarterly employment and production, updated weekly.

Wash Plant sits in Marshall County, South Dakota, where the Census mining category is 0.0% 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.
Marshall County, South Dakota · Population 4,355
0.0%
Mining share of county employment
$72,500
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 645 0 0 0.0
2026 Q1 0 0 0
2025 Q4 781 0 0 0.0
2025 Q3 1,326 0 0 0.0
2025 Q2 495 0 0 0.0
2025 Q1 0 0 0
2024 Q4 894 1 0 1118.6
2024 Q3 1,352 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 879 0 0 0.0
2024 Q1 0 0 0
2023 Q4 968 0 0 0.0
2023 Q3 1,088 1 0 919.1
2023 Q2 514 0 0 0.0
2023 Q1 0 0 0
2022 Q4 594 0 0 0.0
2022 Q3 1,197 0 0 0.0
2022 Q2 365 0 0 0.0
2022 Q1 0 0 0
2021 Q4 783 0 0 0.0
2021 Q3 1,332 0 0 0.0
2021 Q2 525 0 0 0.0
2021 Q1 0 0 0
2020 Q4 959 0 0 0.0
2020 Q3 1,883 1 0 531.1
2020 Q2 443 0 0 0.0
2020 Q1 0 0 0
2019 Q4 1,078 0 0 0.0
2019 Q3 1,553 0 0 0.0
2019 Q2 571 0 0 0.0
2019 Q1 0 0 0
2018 Q4 805 0 0 0.0
2018 Q3 1,786 1 0 559.9
2018 Q2 569 0 0 0.0
2018 Q1 0 0 0
2017 Q4 1,147 0 0 0.0
2017 Q3 1,629 0 0 0.0
2017 Q2 918 0 0 0.0
2017 Q1 0 0 0
2016 Q4 749 0 0 0.0
2016 Q3 1,153 0 0 0.0
2016 Q2 910 0 0 0.0
2016 Q1 0 0 0
2015 Q4 1,605 0 0 0.0
2015 Q3 1,806 1 0 553.7
2015 Q2 1,581 0 0 0.0
2015 Q1 0 0 0
2014 Q4 1,066 0 0 0.0
2014 Q3 2,055 1 1 486.6
2014 Q2 950 0 0 0.0
2014 Q1 0 0 0
2013 Q4 1,995 1 0 501.3
2013 Q3 1,719 0 0 0.0
2013 Q2 499 0 0 0.0
2013 Q1 0 0 0
2012 Q4 788 0 0 0.0
2012 Q3 1,380 0 0 0.0
2012 Q2 910 0 0 0.0
2012 Q1 0 0 0
2011 Q4 925 0 0 0.0
2011 Q3 2,006 0 0 0.0
2011 Q2 1,677 0 0 0.0
2011 Q1 0 0 0
2010 Q4 1,491 0 0 0.0
2010 Q3 2,703 0 0 0.0
2010 Q2 1,754 2 1 1140.3
2010 Q1 0 0 0
2009 Q4 1,735 0 0 0.0
2009 Q3 2,767 0 0 0.0
2009 Q2 1,582 4 2 2528.4
2009 Q1 0 0 0
2008 Q4 597 0 0 0.0
2008 Q3 1,843 0 0 0.0
2008 Q2 994 1 0 1006.0
2008 Q1 0 0 0
2007 Q4 1,767 0 0 0.0
2007 Q3 3,067 0 0 0.0
2007 Q2 2,037 0 0 0.0
2007 Q1 0 0 0
2006 Q4 1,774 0 0 0.0
2006 Q3 2,955 0 0 0.0
2006 Q2 3,062 0 0 0.0
2006 Q1 0 0 0
2005 Q4 1,893 0 0 0.0
2005 Q3 3,008 0 0 0.0
2005 Q2 3,031 0 0 0.0
2005 Q1 0 0 0
2004 Q4 3,404 0 0 0.0
2004 Q3 4,924 0 0 0.0
2004 Q2 3,604 3 3 832.4
2004 Q1 0 0 0
2003 Q4 2,541 0 0 0.0
2003 Q3 4,451 0 0 0.0
2003 Q2 2,408 0 0 0.0
2003 Q1 37 0 0 0.0
2002 Q4 3,771 0 0 0.0
2002 Q3 5,015 0 0 0.0
2002 Q2 3,280 0 0 0.0
2002 Q1 0 0 0
2001 Q4 3,412 0 0 0.0
2001 Q3 4,453 1 0 224.6
2001 Q2 2,338 0 0 0.0
2001 Q1 0 0 0
2000 Q4 1,767 0 0 0.0
2000 Q3 4,404 0 0 0.0
2000 Q2 3,719 1 1 268.9
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2010 · 1 incident

April 16, 2010 SD · Metal/Non-Metal outside foreman, leadman HANDLING OF MATERIALS
Bernard Mahrer Construction Inc · Caught in, under or between a moving and a stationary object

EE stated he was helping get the rock grizzley set up & noticed a bar out of place and was trying to align it when it tipped into the other bar and pinched his finger. He was sent to the clinic where they examined and put a brace on it. He will lose his fingernail. He goes 4/19/10 @ 1:30 to have it rechecked. He returned to work 4/19/10.

1987 · 1 incident

August 26, 1987 SD · Metal/Non-Metal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor SLIP OR FALL OF PERSON
Bernard Mahrer Construction Inc · Fall to lower level, (Not Elsewhere Classified)

WALKING AROUND 7RUSHER STEPPED IN A HOLE & TWISTED & FELL.