Mining Incidents

Withers Pit: 53 MSHA citations Metal/Non-Metal

Controlled by Larry Randall
Minneola, Clark County, KS  ·  Abandoned
MSHA Mine ID: 1401563

Withers Pit has $17K in proposed MSHA penalties and $0 outstanding across 3 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 2004
53
citations
15
significant & substantial
$17,122
proposed penalties
$9,773
paid to date
57% of proposed penalties paid to date, a $7,349 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
32
inspections on record
278
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: 278 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: 2010-07-07.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Withers Pit has $17K in proposed MSHA penalties and $0 outstanding across 3 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.
$17K
proposed penalties
$10K
current assessed
$10K
paid to date
$0
outstanding
49 assessments are final orders; 3 contested dockets.
Of $12K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2023-12-11.
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.
30.6%
significant & substantial
10.2%
high negligence or reckless
30.6%
reasonably likely or greater
63.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.1% low, 85.7% moderate, 10.2% 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.
9 citations taken to the federal commission · 17% of citations on record
  • Settled 7 · 78%
  • Stood as issued 1 · 11%
  • Vacated or withdrawn 1 · 11%
88%
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 8 decided S&S contests · industry: 79%
80%
Penalty reduction in decided contests
$12K 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 2011-01-05.
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 2010-1289M Settlement Rae 2011 $10K → $773
CENT 2011-326M Settlement Lesnick 2011 $1K → $1K
CENT 2010-1290M Dismissal Lesnick 2011 $351 → $229
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Ford Sand & Gravel Inc 1992 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2024 2
2023 7
2022 6
2021 6
2020 0
2019 0
2018 1
2017 2
2016 1
2015 1
2014 1
2013 1
2012 1
2011 1
2010 1
2009 1
2008 1
2007 1
2006 1
2005 1
2004 1
2003 1
2002 1
2001 1
2000 1
Source: MSHA quarterly employment and production, updated weekly.

Withers Pit sits in Clark County, Kansas, where the Census mining category is 0.5% 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.
Clark County, Kansas · Population 1,987
0.5%
Mining share of county employment
$65,515
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
2024 Q2 0 0 0
2024 Q1 184 0 0 0.0
2023 Q4 2,510 2 0 796.8
2023 Q3 2,994 0 0 0.0
2023 Q2 2,889 1 0 346.1
2023 Q1 2,626 4 2 1523.2
2022 Q4 2,350 0 0 0.0
2022 Q3 2,945 1 0 339.6
Show 87 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2022 Q2 2,654 0 0 0.0
2022 Q1 2,438 0 0 0.0
2021 Q4 2,799 0 0 0.0
2021 Q3 1,742 0 0 0.0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 246 0 0 0.0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 274 2 0 7299.3
2018 Q2 37 0 0 0.0
2018 Q1 20 0 0 0.0
2017 Q4 296 0 0 0.0
2017 Q3 820 0 0 0.0
2017 Q2 330 0 0 0.0
2017 Q1 0 0 0
2016 Q4 363 0 0 0.0
2016 Q3 610 0 0 0.0
2016 Q2 42 0 0 0.0
2016 Q1 0 0 0
2015 Q4 66 0 0 0.0
2015 Q3 91 2 0 21978.0
2015 Q2 73 0 0 0.0
2015 Q1 29 0 0 0.0
2014 Q4 76 0 0 0.0
2014 Q3 27 0 0 0.0
2014 Q2 106 0 0 0.0
2014 Q1 20 0 0 0.0
2013 Q4 42 0 0 0.0
2013 Q3 54 0 0 0.0
2013 Q2 152 0 0 0.0
2013 Q1 26 4 1 153846.2
2012 Q4 4 0 0 0.0
2012 Q3 164 0 0 0.0
2012 Q2 257 0 0 0.0
2012 Q1 128 1 0 7812.5
2011 Q4 36 0 0 0.0
2011 Q3 28 1 0 35714.3
2011 Q2 230 0 0 0.0
2011 Q1 52 0 0 0.0
2010 Q4 224 0 0 0.0
2010 Q3 398 13 8 32663.3
2010 Q2 423 0 0 0.0
2010 Q1 121 0 0 0.0
2009 Q4 212 0 0 0.0
2009 Q3 363 1 0 2754.8
2009 Q2 232 6 1 25862.1
2009 Q1 169 0 0 0.0
2008 Q4 295 0 0 0.0
2008 Q3 207 0 0 0.0
2008 Q2 132 0 0 0.0
2008 Q1 310 0 0 0.0
2007 Q4 84 0 0 0.0
2007 Q3 367 0 0 0.0
2007 Q2 75 0 0 0.0
2007 Q1 52 0 0 0.0
2006 Q4 141 0 0 0.0
2006 Q3 84 4 1 47619.0
2006 Q2 139 0 0 0.0
2006 Q1 51 0 0 0.0
2005 Q4 110 0 0 0.0
2005 Q3 350 0 0 0.0
2005 Q2 66 0 0 0.0
2005 Q1 34 0 0 0.0
2004 Q4 257 11 2 42801.6
2004 Q3 22 0 0 0.0
2004 Q2 12 0 0 0.0
2004 Q1 24 0 0 0.0
2003 Q4 246 0 0 0.0
2003 Q3 161 0 0 0.0
2003 Q2 64 0 0 0.0
2003 Q1 0 0 0
2002 Q4 115 0 0 0.0
2002 Q3 136 0 0 0.0
2002 Q2 0 0 0
2002 Q1 0 0 0
2001 Q4 255 0 0 0.0
2001 Q3 40 0 0 0.0
2001 Q2 76 0 0 0.0
2001 Q1 60 0 0 0.0
2000 Q4 54 0 0 0.0
2000 Q3 1 0 0 0.0
2000 Q2 72 0 0 0.0
2000 Q1 107 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.