Mining Incidents

Wash Plant Portable: 48 MSHA citations Metal/Non-Metal

Madison, Lake County, SD  ·  Intermittent
MSHA Mine ID: 3901580

Wash Plant Portable has $27K in proposed MSHA penalties and $0 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2016
Latest incident
Nov 2016
Compliance record
MSHA citations since 2011
48
citations
11
significant & substantial
$26,625
proposed penalties
$15,925
paid to date
60% of proposed penalties paid to date, a $10,700 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
24
inspections on record
284
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: 284 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 Portable has $27K in proposed MSHA penalties and $0 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.
$27K
proposed penalties
$16K
current assessed
$16K
paid to date
$0
outstanding
45 assessments are final orders; 5 contested dockets.
Of $23K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2025-06-17.
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.
23.4%
significant & substantial
8.5%
high negligence or reckless
23.4%
reasonably likely or greater
48.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.1% low, 89.4% moderate, 8.5% 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.
19 citations taken to the federal commission · 40% of citations on record
  • Settled 19 · 100%
70%
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 10 decided S&S contests · industry: 79%
47%
Penalty reduction in decided contests
$23K proposed, $12K 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 2017-04-25.
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 2017-0297 Settlement Miller 2017 $13K → $4K
CENT 2017-0203 Settlement Miller 2017 $6K → $5K
CENT 2017-0015 Settlement McCarthy 2017 $2K → $1K
CENT 2015-0079 Settlement Paez 2015 $1K → $988
CENT 2017-0202 Settlement Miller 2017 $352 → $352
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Johnson Brothers Excavation, Inc 2011 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2025 1
2024 1
2022 1
2021 1
2020 1
2019 0
2018 1
2017 1
2016 1
2015 2
2014 2
2013 2
2012 0
2011 2
Source: MSHA quarterly employment and production, updated weekly.

Wash Plant Portable sits in Lake County, South Dakota, 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.
Lake County, South Dakota · Population 11,052
0.3%
Mining share of county employment
$73,792
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
2025 Q4 186 0 0 0.0
2025 Q3 368 0 0 0.0
2025 Q2 302 2 0 6622.5
2025 Q1 0 0 0
2024 Q4 180 0 0 0.0
2024 Q3 310 4 0 12903.2
2024 Q2 265 0 0 0.0
2022 Q4 186 0 0 0.0
Show 38 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2022 Q2 410 0 0 0.0
2022 Q1 0 0 0
2021 Q4 370 0 0 0.0
2021 Q3 496 4 0 8064.5
2021 Q2 256 0 0 0.0
2021 Q1 24 0 0 0.0
2020 Q4 278 0 0 0.0
2020 Q3 192 3 1 15625.0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 480 0 0 0.0
2018 Q3 710 0 0 0.0
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 582 3 0 5154.6
2017 Q3 1,065 0 0 0.0
2017 Q2 839 0 0 0.0
2017 Q1 0 1 0
2016 Q4 510 7 3 13725.5
2016 Q3 676 5 0 7396.4
2016 Q2 1,203 0 0 0.0
2016 Q1 0 0 0
2015 Q4 488 1 0 2049.2
2015 Q3 788 2 1 2538.1
2015 Q2 783 0 0 0.0
2015 Q1 48 0 0 0.0
2014 Q4 720 0 0 0.0
2014 Q3 1,198 8 4 6677.8
2014 Q2 882 0 0 0.0
2014 Q1 9 0 0 0.0
2013 Q4 806 0 0 0.0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 542 5 2 9225.1
No fatalities recorded at this mine.

Reportable incidents

1 on file

2016 · 1 incident

November 9, 2016 SD · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Johnson Brothers Excavation, Inc · Caught in, under or between a moving and a stationary object

Small truck parked along side of internal pit road. Loader operator did not see small truck. Side swiped truck. Truck driver legs were run over with loader. Sun was low in the west. Loader operator has very good attitude and had current training records.