Mining Incidents

D. A .S. Sand & Gravel: 94 MSHA citations operator

Controlled by David Scheer
MSHA operator ID: L16138

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Fatalities
0
Total incidents
1
Mines on record
1
Years on record
2010
Compliance record
MSHA citations since 2000
94
citations
24
significant & substantial
$87,147
proposed penalties
$3,398
paid to date
4% of proposed penalties paid to date, a $83,749 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
35
inspections on record
404
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: 404 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$87K
proposed penalties
$23K
current assessed
$3K
paid to date
$20K
outstanding
90 assessments are final orders; 18 contested dockets.
Of $87K in penalties contested before the Commission, $21K was upheld in final decisions.
As of the most recent assessment on 2012-09-12.
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.
26.7%
significant & substantial
28.9%
high negligence or reckless
26.7%
reasonably likely or greater
72.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.4% low, 66.7% moderate, 28.9% 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.
65 citations taken to the federal commission · 69% of citations on record
  • Settled 58 · 89%
  • Stood as issued 7 · 11%
100%
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 15 decided S&S contests · industry: 79%
74%
Penalty reduction in decided contests
$73K proposed, $19K 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 2012-11-06. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
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 operator contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
YORK 2008-115M Settlement Weisberger 2012 $33K → $9K
YORK 2011-280M Settlement Koutras 2013 $24K → $5K
YORK 2008-114M Settlement Weisberger 2012 $14K → $4K
YORK20020067M-1 Prevail 2003 $5K → $1K
YORK20030011M Prevail 2003 $4K → $250
YORK20020059M Prevail 2003 $2K → $500
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2010
1

Mines on record

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Where D. A .S. Sand & Gravel stands on silica, penalties, and injury rate

MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes dust and quartz as separate files and never the silica figure itself. We derive it per sample, score it against the limit, and set the operator's injury rate against a benchmark built from the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality history. Delivered as a PDF with the underlying data as CSV.

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