D K Aggregates LLC: 135 MSHA citations operator
Controlled by
Murray Moran; Don Parker
MSHA operator ID: 0051862
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- Fatalities
- 0
- Total incidents
- 1
- Mines on record
- 1
- Years on record
- 2005
Compliance record
MSHA citations since 2004
135
citations
45
significant & substantial
$164,717
proposed penalties
$154,809
paid to date
94% of proposed penalties paid to date, a $9,908 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
35
inspections on record
576
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: 576 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.$165K
proposed penalties
$165K
current assessed
$155K
paid to date
$10K
outstanding
132 assessments are final orders; 6 contested dockets.
Of $117K in penalties contested before the Commission, $117K was upheld in final decisions.
As of the most recent assessment on 2012-02-07.
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.34.1%
significant & substantial
16.7%
high negligence or reckless
34.1%
reasonably likely or greater
62.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.3% low, 81.1% moderate, 16.7% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2011
ⓘ
This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.0.00
total case rate
0.00
days-away rate
0.000
fatality rate
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 2.56 and the all-US-mining average was 3.08 cases per 100 workers.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
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.
25
citations taken to the federal commission · 19% of citations on record
- Settled 14 · 56%
- Stood as issued 11 · 44%
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%
0%
Penalty reduction in decided contests
$117K proposed, $117K 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 2008-12-02. 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 |
|---|---|---|---|---|
| SE 2008-13M | Default | Lesnick | 2009 | $91K → $91K |
| SE 2008-569M | Settlement | Lesnick | 2010 | $17K → $17K |
| SE 2009-74M | Settlement | Lesnick | 2010 | $6K → $6K |
| SE 2009-145M | Settlement | Lesnick | 2010 | $2K → $2K |
| SE 2009-75M | Default | Lesnick | 2010 | $508 → $508 |
| SE 2009-146M | Default | Lesnick | 2010 | $142 → $142 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Top causes
- MACHINERY 1 non-fatal
Incident timeline
2005
1
Mines on record
For insurers, brokers, and safety consultants
Where D K Aggregates LLC 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.
The federal record itself stays free on this site. What costs money, and why.