Mining Incidents

Elam Sand & Gravel Corp: 1 recorded fatality operator

Controlled by Joseph Spezio
MSHA operator ID: L08720

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Fatalities
1
Total incidents
14
Mines on record
6
Years on record
1986–2008
Compliance record
MSHA citations since 2000
131
citations
11
significant & substantial
$11,433
proposed penalties
$11,049
paid to date
97% of proposed penalties paid to date, a $384 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
110
inspections on record
1,028
inspection hours
12.7
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.
131 citations across 1,028 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.
$11K
proposed penalties
$11K
current assessed
$11K
paid to date
$0
outstanding
131 assessments are final orders; 5 contested dockets.
Of $1K in penalties contested before the Commission, $771 was upheld in final decisions.
As of the most recent assessment on 2015-08-06.
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.
8.4%
significant & substantial
7.6%
high negligence or reckless
10.7%
reasonably likely or greater
52.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.6% low, 87.8% moderate, 7.6% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2013
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
Below average. The US metal and nonmetal mining average was 2.46 and the all-US-mining average was 2.99 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.
Year total case rate days-away fatal
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 7.79 7.79 0.000
2007 * 0.00 0.00 0.000
2006 * 0.00 0.00 0.000
2005 * 3.75 3.75 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.

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: 2014-10-29, 11 years ago
9%
of limit-tested samples over the exposure limit
28
samples
11
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz111 over
  • Respirable dust, <.1mg16
  • Unlisted Particulate, respirable, <1% Qtz1
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.
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.
4 citations taken to the federal commission · 3% of citations on record
  • Settled 4 · 100%
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 4 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$877 proposed, $651 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 2011-10-05. 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 2009-229M Settlement Lesnick 2010 $263 → $131
YORK 2012-9M Settlement Paez 2012 $243 → $243
YORK 2006-33M Settlement Lesnick 2006 $217 → $217
YORK 2004-60-M Settlement Hodgdon 2004 $182 → $120
YORK 2005-9M Settlement Melick 2005 $154 → $60
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2008
2
2005
1
2001
1
1999
2 (1f)
1998
1
1995
2
1994
1
1993
2
1991
1
1986
1

Mines on record

Fatalities under this operator

1 recorded
October 30, 1999 NY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · EXPLODING VESSELS UNDER PRESSURE
Elam Sand & Gravel Corp · Struck by flying object

AT THIS TIME THE CAUSE OF THE ACCIDENT IS UNKNOWN. ON SAT. 10-30-99 HE WAS INSTALLING A FRONT TIRE ON A STONE SLINGER IN OUR SHOP. WE KNOW THAT THE TIRES WERE MOUNTED ON THE RIMS AND AIRED UP. WE ALSO KNOW THAT ONE TIRE WAS ON THE FRONT AXLE OF THE TRUCK. AFTER THAT, WE DO NOT KNOW WHAT OCCURRED. THE EXPLOSION WAS HEARD BY 2 PEOPLE IN THE DISPATCH OFFICE WHO RAN OUT AND FOUND HIM A

For insurers, brokers, and safety consultants

Where Elam Sand & Gravel Corp 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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