Mining Incidents

Dorchester Enterprises, Inc.: 1 recorded fatality operator

MSHA operator ID: P22858

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Fatalities
1
Total incidents
120
Mines on record
4
Years on record
1994–2012
Compliance record
MSHA citations since 2000
1,564
citations
586
significant & substantial
$1,252,834
proposed penalties
$987,979
paid to date
79% of proposed penalties paid to date, a $264,855 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
519
inspections on record
15,184
inspection hours
10.3
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.
1,564 citations across 15,184 inspection hours.
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.
$1.3M
proposed penalties
$988K
current assessed
$988K
paid to date
$240
outstanding
1,543 assessments are final orders; 90 contested dockets.
Of $1.1M in penalties contested before the Commission, $848K was upheld in final decisions.
As of the most recent assessment on 2012-12-27.
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.
38.0%
significant & substantial
2.2%
high negligence or reckless
38.1%
reasonably likely or greater
15.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.6% low, 82.2% moderate, 2.2% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2012
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.
9.44
total case rate
5.66
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
Year total case rate days-away fatal
2012 9.44 5.66 0.000
2011 6.08 3.48 0.000
2010 9.16 6.10 0.000
2009 0.00 0.00 0.000
2008 9.96 8.30 0.000
2007 13.30 9.50 0.000
2006 * 6.50 4.33 0.000
2005 * 4.01 4.01 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
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.
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.

Respirable coal dust
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.

Last sampled: 2012-12-17, 13 years ago
95%
within 1.5 mg/m3
1,444
samples
6.79
dust max (mg/m3)
697 samples taken by MSHA inspectors, 747 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR587
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)197
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)140

Silica (quartz)

Last sampled: 2012-11-06, 13 years ago
8.5
silica avg (%)
195
samples
30.6
silica max (%)
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)67
  • CONTINUOUS MINER OPERATOR58
  • BULLGANG FOREMAN/LABOR FOREMAN3

Noise
The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.

Last sampled: 2012-10-03, 13 years ago
25%
over PEL
189
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)43
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)41
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)37
Source: MSHA respirable dust, quartz, and noise sampling records, 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.
697 citations taken to the federal commission · 45% of citations on record
  • Settled 597 · 86%
  • Stood as issued 100 · 14%
90%
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 441 decided S&S contests · industry: 79%
24%
Penalty reduction in decided contests
$1.1M proposed, $844K 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 2013-06-28. 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
VA 2012-182 Settlement Lesnick 2012 $66K → $50K
VA 2012-474 Settlement Koutras 2013 $64K → $40K
VA 2012-577 Settlement Koutras 2013 $57K → $49K
VA 2011-657 Settlement Miller 2012 $56K → $48K
VA 2013-53 Settlement McCarthy 2013 $55K → $39K
VA 2012-267 Settlement Koutras 2013 $49K → $45K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2012
10
2011
10
2010
11
2009
1
2008
8
2007
12
2006
5
2005
6
2004
6
2003
6 (1f)
2002
1
2000
10
1999
11
1998
8
1997
5
1996
3
1995
3
1994
4

Mines on record

Fatalities under this operator

1 recorded
January 21, 2003 VA · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler Fatality · ELECTRICAL
Dorchester Enterprises, Inc. · Contact with electrical current

THE VICTIM WAS ELECTROCUTED NEAR THE FACE OF NO.8 ENTRY OF THE 001-0 MMU WHILE INSTALLING SUPPLEMENTAL ROOF SUPPORTS. WHEN ANOTHER WORKER FINISHED CUTTING A STEEL BEAM WITH A TORCH, AN ENERGIZ ED TRAILING CABLE WAS DAMAGED CAUSING THE BEAM & TRAILER ON WHICH IT RESTED TO BECOME ENERGIZED. THE VICTIM THEN CAME IN CONTACT WITH THE TRAILER, RESULTING IN ELECTROCUTION.

For insurers, brokers, and safety consultants

Where Dorchester Enterprises, Inc. 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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