Mining Incidents

Fossum Ready Mix: 1 recorded fatality operator

MSHA operator ID: L33326

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Fatalities
1
Total incidents
2
Mines on record
1
Years on record
1994–2014
Compliance record
MSHA citations since 2000
74
citations
22
significant & substantial
$25,089
proposed penalties
$19,735
paid to date
79% of proposed penalties paid to date, a $5,354 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
29
inspections on record
523
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: 523 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.
$25K
proposed penalties
$20K
current assessed
$20K
paid to date
$0
outstanding
73 assessments are final orders; 6 contested dockets.
Of $21K in penalties contested before the Commission, $16K was upheld in final decisions.
As of the most recent assessment on 2016-06-14.
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.
30.1%
significant & substantial
6.8%
high negligence or reckless
30.1%
reasonably likely or greater
23.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 19.2% low, 74.0% moderate, 6.8% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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: 2016-06-15, 10 years ago
0%
of limit-tested samples over the exposure limit
12
samples
6
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg6
  • Arsenic fumes3
  • Beryllium fumes3
  • Cadmium oxide fumes3
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.
35 citations taken to the federal commission · 47% of citations on record
  • Settled 32 · 91%
  • Stood as issued 3 · 9%
76%
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 17 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$21K proposed, $15K 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 2015-08-20. 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
WEST 2015-0610 Settlement Manning 2016 $12K → $9K
WEST 2015-0092 Settlement Miller 2015 $5K → $4K
WEST 2015-0170 Settlement Miller 2015 $2K → $2K
WEST 2015-0091 Settlement Miller 2015 $1K → $1K
WEST20020167M Settlement Cetti 2002 $619 → $495
WEST 2015-0859 Dismissal Lesnick 2016 $300 → $300
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2014
1 (1f)
1994
1

Mines on record

Fatalities under this operator

1 recorded
August 2, 2014 MT · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman Fatality · FALLING/SLIDING/ROLLING MATERIALS
Fossum Ready Mix · Struck by falling object

Miner was apparently adding oil to hoist of truck. Box was loaded with rock and not properly blocked. The weight of the loaded box split block and the box came down unexpectedly crushing miner between the truck frame and dump box. Although no damage was done to equipment, miner was killed.

For insurers, brokers, and safety consultants

Where Fossum Ready Mix 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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