Mining Incidents

WEST PIT: 58 MSHA citations Metal/Non-Metal

Controlled by Mike Arps
Fremont, Colfax County, NE  ·  Active
MSHA Mine ID: 2500534

WEST PIT has $21K 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
8
Years on record
1986–2022
Latest incident
Mar 2022
Compliance record
MSHA citations since 2000
58
citations
13
significant & substantial
$21,289
proposed penalties
$16,964
paid to date
80% of proposed penalties paid to date, a $4,325 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
46
inspections on record
529
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: 529 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2016-05-25.
On record since 2016.
Source: MSHA imminent-danger order records, updated weekly.

WEST PIT has $21K 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.
$21K
proposed penalties
$17K
current assessed
$17K
paid to date
$0
outstanding
57 assessments are final orders; 4 contested dockets.
Of $14K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2024-07-18.
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.
22.8%
significant & substantial
7.0%
high negligence or reckless
22.8%
reasonably likely or greater
61.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.3% low, 87.7% moderate, 7.0% 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 · 5% of citations on record
  • Settled 2 · 67%
  • Vacated or withdrawn 1 · 33%
36%
Penalty reduction in decided contests
$314 proposed, $200 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 2016-12-21.
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
CENT20020034M Settlement Schroeder 2002 $14K → $10K
CENT 2013-50M Settlement Lesnick 2013 $200 → $200
CENT 2004-188-M Settlement Hodgdon 2004 $165 → $140
CENT 2017-0140 Withdrawal Miller 2017 $114 → $0
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: 2026-07-22
7
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg6
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (7)
Date Contaminant Concentration Limit Conc / limit Occupation
2026-07-22 Respirable dust, <.1mg 0 Front-end Loader Operator
2024-11-06 Respirable dust, <.1mg 0 Front-end Loader Operator
2020-03-24 Unlisted Particulate, respirable, <1% Qtz 0.16 Supervisor, Co. Official
2020-03-24 Respirable dust, <.1mg 0 Dredge/Barge Operator
2020-03-24 Respirable dust, <.1mg 0 Front-end Loader Operator
2006-06-01 Respirable dust, <.1mg 0 Front-end Loader Operator
2006-06-01 Respirable dust, <.1mg 0 Dredge/Barge Operator

Area samples (mill and shop air)

Last sampled: 2015-07-21, 11 years ago
1
samples
Show the individual readings (1)
Date Contaminant Concentration Limit Conc / limit Area sampled
2015-07-21 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. Arps Gravel & Concrete Inc 1950 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 4
2025 4
2024 4
2023 4
2022 4
2021 4
2020 4
2019 4
2018 4
2017 4
2016 4
2015 3
2014 3
2013 3
2012 3
2011 3
2010 3
2009 3
2008 4
2007 3
2006 2
2005 4
2004 3
2003 3
2002 3
2001 4
2000 4
Source: MSHA quarterly employment and production, updated weekly.

WEST PIT sits in Colfax County, Nebraska, where the Census mining category is 0.1% 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.
Colfax County, Nebraska · Population 10,541
0.1%
Mining share of county employment
$79,720
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 1,138 0 0 0.0
2026 Q1 984 0 0 0.0
2025 Q4 1,452 0 0 0.0
2025 Q3 1,456 0 0 0.0
2025 Q2 1,237 0 0 0.0
2025 Q1 899 0 0 0.0
2024 Q4 1,965 0 0 0.0
2024 Q3 2,081 3 0 1441.6
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 2,316 0 0 0.0
2024 Q1 1,142 0 0 0.0
2023 Q4 2,120 0 0 0.0
2023 Q3 1,972 0 0 0.0
2023 Q2 2,433 0 0 0.0
2023 Q1 802 0 0 0.0
2022 Q4 1,480 0 0 0.0
2022 Q3 1,999 0 0 0.0
2022 Q2 1,561 0 0 0.0
2022 Q1 622 0 0 0.0
2021 Q4 1,721 2 0 1162.1
2021 Q3 1,732 0 0 0.0
2021 Q2 1,757 2 1 1138.3
2021 Q1 512 0 0 0.0
2020 Q4 1,611 0 0 0.0
2020 Q3 1,898 0 0 0.0
2020 Q2 1,954 0 0 0.0
2020 Q1 637 0 0 0.0
2019 Q4 1,630 0 0 0.0
2019 Q3 2,095 0 0 0.0
2019 Q2 1,544 4 0 2590.7
2019 Q1 525 0 0 0.0
2018 Q4 1,256 0 0 0.0
2018 Q3 1,961 0 0 0.0
2018 Q2 2,086 0 0 0.0
2018 Q1 431 0 0 0.0
2017 Q4 1,609 1 0 621.5
2017 Q3 1,884 0 0 0.0
2017 Q2 2,108 0 0 0.0
2017 Q1 407 0 0 0.0
2016 Q4 1,607 0 0 0.0
2016 Q3 2,110 0 0 0.0
2016 Q2 2,115 6 2 2836.9
2016 Q1 273 0 0 0.0
2015 Q4 1,904 0 0 0.0
2015 Q3 1,805 0 0 0.0
2015 Q2 2,079 0 0 0.0
2015 Q1 120 0 0 0.0
2014 Q4 1,219 0 0 0.0
2014 Q3 1,774 1 0 563.7
2014 Q2 2,066 0 0 0.0
2014 Q1 160 0 0 0.0
2013 Q4 1,852 0 0 0.0
2013 Q3 2,018 0 0 0.0
2013 Q2 1,611 0 0 0.0
2013 Q1 32 0 0 0.0
2012 Q4 1,788 0 0 0.0
2012 Q3 2,012 2 0 994.0
2012 Q2 1,711 0 0 0.0
2012 Q1 1,345 0 0 0.0
2011 Q4 1,624 0 0 0.0
2011 Q3 2,062 0 0 0.0
2011 Q2 1,649 0 0 0.0
2011 Q1 1,304 4 0 3067.5
2010 Q4 1,405 0 0 0.0
2010 Q3 1,829 0 0 0.0
2010 Q2 1,846 1 0 541.7
2010 Q1 923 0 0 0.0
2009 Q4 1,418 2 0 1410.4
2009 Q3 2,137 1 0 467.9
2009 Q2 1,579 0 0 0.0
2009 Q1 1,630 0 0 0.0
2008 Q4 1,675 0 0 0.0
2008 Q3 1,928 0 0 0.0
2008 Q2 1,551 5 2 3223.7
2008 Q1 1,481 0 0 0.0
2007 Q4 1,580 0 0 0.0
2007 Q3 1,501 2 1 1332.4
2007 Q2 1,706 0 0 0.0
2007 Q1 1,249 0 0 0.0
2006 Q4 1,727 0 0 0.0
2006 Q3 1,430 0 0 0.0
2006 Q2 1,950 3 0 1538.5
2006 Q1 0 0 0
2005 Q4 1,796 0 0 0.0
2005 Q3 2,028 1 0 493.1
2005 Q2 2,334 0 0 0.0
2005 Q1 1,299 0 0 0.0
2004 Q4 1,984 0 0 0.0
2004 Q3 1,828 0 0 0.0
2004 Q2 1,821 0 0 0.0
2004 Q1 1,872 9 1 4807.7
2003 Q4 1,797 0 0 0.0
2003 Q3 1,706 0 0 0.0
2003 Q2 1,984 1 0 504.0
2003 Q1 1,395 0 0 0.0
2002 Q4 1,791 0 0 0.0
2002 Q3 2,397 0 0 0.0
2002 Q2 2,173 2 0 920.4
2002 Q1 1,580 0 0 0.0
2001 Q4 2,390 0 0 0.0
2001 Q3 2,483 0 0 0.0
2001 Q2 1,469 0 0 0.0
2001 Q1 1,540 0 0 0.0
2000 Q4 1,779 0 0 0.0
2000 Q3 2,285 6 6 2625.8
2000 Q2 2,106 0 0 0.0
2000 Q1 2,106 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2022 · 1 incident

March 15, 2022 NE · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Arps Gravel & Concrete Inc · Over-exertion in pulling or pushing objects

Using a hand wrench, employee was tightening a bolt and felt a pop in EE's right wrist, causing pain.

2011 · 1 incident

October 13, 2011 NE · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator STRIKING OR BUMPING
Arps Gravel & Concrete Inc · Struck against stationary object

Employee was ascending the steps of a front-end loader and impacted left knee on step above. Employee experienced pain and swelling in left knee. Employee went to doctor on 10/17/2011 and doctor examined and x-rayed left knee. Doctor determined no serious damage to left knee, but advised employee to elevate and apply cold-therapy to swelling area.

2009 · 1 incident

October 16, 2009 NE · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand MACHINERY
Arps Gravel & Concrete Inc · Contact with hot objects or substances

Employee was operating a cutting torch. A small, hot piece of slag fell into the employee's right boot, causing a small burn on his right calf. Employee ceased operation, removed the piece of slag from boot, observed the small burn, and stated he was okay and did not seek or ask for first aid or assistance. Employee resumed operating the cutting torch.

2003 · 1 incident

March 7, 2003 NE · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Arps Gravel & Concrete Inc · Caught in, under or between a moving and a stationary object

EE WAS PLACING A TUB ROLLER ON GRIZZLY SCREEN, ROLLER TILTED BACK, TRAPPING RIGHT HAND BETWEEN ROLLER AND TUB, RESULTING IN HYPEREXTENDING THE RIGHT WRIST.

2000 · 1 incident

September 20, 2000 NE · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand FIRE
Arps Gravel & Concrete Inc · Contact with hot objects or substances

EE WAS OPERATING A SMALL GAS FRILL AT LUNCH TIME, PREPARING LUNCH ON THE DREDGE. A FALL, SPARE PROPANE BOTTLE 20 LB WAS PLACED NEXT TO THE OPERATING GRILL. SPARE BOTTLE SUSTAINED A LEAK, WHICH CAUSED A FIRE IN THE CABIN OF THE DREDGE. EE EXTINGUISHED FIRE WITH A GARDER HOSE CONNECTED TO THE SERVICE PUMP OF THE DREDGE. EE SUFFERED 2ND & 3RD DEGREE BURNS TO HEAD, FACE, HANDS A FOREAR

1992 · 1 incident

December 1, 1992 NE · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand SLIP OR FALL OF PERSON
Arps Gravel & Concrete Inc · Over-exertion (Not Elsewhere Classified)

ICE ON CATWALK ON DREDGE. PULLED HEMSTRING AND MUSCLES IN CALF AND KNEE.

1987 · 1 incident

April 7, 1987 NE · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Arps Gravel & Concrete Inc · Fall from ladders

EMPLOYEE WAS CL3MBING ON LADDER AND HIS FOOT SLIPPED.

1986 · 1 incident

July 22, 1986 NE · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Arps Gravel & Concrete Inc · Caught in, under or between (Not Elsewhere Classified)

CHANGING PIPE L3NE FOOT GOT CAUGHT UNDER PIPE