Mining Incidents

Empire Iron Mining Partnership: 2 recorded fatalities operator

MSHA operator ID: L10522

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Fatalities
2
Total incidents
1,451
Mines on record
2
Years on record
1988–2016
Compliance record
MSHA citations since 2000
2,895
citations
631
significant & substantial
$2,205,927
proposed penalties
$1,643,316
paid to date
74% of proposed penalties paid to date, a $562,611 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
199
inspections on record
18,213
inspection hours
15.9
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.
2,895 citations across 18,213 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.
$2.2M
proposed penalties
$1.6M
current assessed
$1.6M
paid to date
$0
outstanding
2,884 assessments are final orders; 41 contested dockets.
Of $1.3M in penalties contested before the Commission, $731K was upheld in final decisions.
As of the most recent assessment on 2016-09-13.
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.
21.9%
significant & substantial
1.6%
high negligence or reckless
22.1%
reasonably likely or greater
19.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 14.2% low, 84.2% moderate, 1.6% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2016
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.
2.35
total case rate
1.17
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 2.17 and the all-US-mining average was 2.59 cases per 100 workers.
Year total case rate days-away fatal
2016 2.35 1.17 0.000
2015 3.27 1.22 0.000
2014 3.52 1.53 0.000
2013 3.64 1.58 0.000
2012 3.09 1.48 0.000
2011 1.93 0.36 0.000
2010 1.95 0.52 0.000
2009 2.47 1.48 0.000
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: 2016-03-10, 10 years ago
14%
of limit-tested samples over the exposure limit
92
samples
70
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz5410 over
  • Fibers, >5um14
  • Arsenic fumes5
  • Beryllium fumes5
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.
640 citations taken to the federal commission · 22% of citations on record
  • Settled 622 · 97%
  • Stood as issued 14 · 2%
  • Vacated or withdrawn 4 · 1%
78%
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 188 decided S&S contests · industry: 79%
43%
Penalty reduction in decided contests
$1.3M proposed, $731K 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 2016-05-24. 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
LAKE 2016-0208 Settlement Andrews 2017 $179K → $117K
LAKE 2016-0241 Settlement McCarthy 2017 $156K → $101K
LAKE 2008-259M Settlement Barbour 2009 $114K → $63K
LAKE 2008-333M Settlement Barbour 2009 $96K → $49K
LAKE 2008-331M Settlement Barbour 2008 $94K → $49K
LAKE 2011-708M Settlement Andrews 2012 $75K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2016
8
2015
16
2014
31
2013
26
2012
28
2011
24
2010
15
2009
18
2008
16
2007
35
2006
31
2005
22 (1f)
2004
13
2003
31
2002
28
2001
71
2000
103
1999
79 (1f)
1998
65
1997
48
1996
53
1995
49
1994
64
1993
68
1992
89
1991
154
1990
87
1989
113
1988
66

Mines on record

Fatalities under this operator

2 recorded
November 6, 2005 MI · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator Fatality · MACHINERY
Empire Iron Mining Partnership · Caught in, under or between a moving and a stationary object

EE and Another EE responded to a stuck pallet alarm on Unit IV cooler. He became trapped when the cooler pallet released on its own causing the dump arm and wheel to swing up and strike him in the head, pinning him between the dump arm wheel and the rail.

July 25, 1999 MI · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · POWERED HAULAGE
Empire Iron Mining Partnership · Caught in, under or between a moving and a stationary object

DECEASED WAS RUN OVER BY A SKID STEER CLEAN UP LOADER.

For insurers, brokers, and safety consultants

Where Empire Iron Mining Partnership 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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