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Kay and Kay Contracting LLC: 45 MSHA citations operator

Controlled by Bill Robinson; Ron Pfaff
MSHA operator ID: P24729

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Fatalities
0
Total incidents
5
Mines on record
2
Years on record
2001–2012
Compliance record
MSHA citations since 2001
45
citations
18
significant & substantial
$10,520
proposed penalties
$10,520
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
24
inspections on record
363
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: 363 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.
$11K
proposed penalties
$11K
current assessed
$11K
paid to date
$0
outstanding
43 assessments are final orders; 1 contested dockets.
Of $634 in penalties contested before the Commission, $0 was upheld in final decisions.
As of the most recent assessment on 2012-08-22.
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.
41.9%
significant & substantial
7.0%
high negligence or reckless
41.9%
reasonably likely or greater
48.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.0% low, 86.0% moderate, 7.0% 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
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.
Year total case rate days-away fatal
2011 * 0.00 0.00 0.000
2010 * 9.34 0.00 0.000
2009 * 0.00 0.00 0.000
2002 * 0.00 0.00 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: 2002-04-17, 24 years ago
100%
within 1.5 mg/m3
5
samples
1.00
dust max (mg/m3)
5 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BACKHOE OPERATOR2
  • BULLDOZER OPERATOR2
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE1

Silica (quartz)

Last sampled: 2002-04-24, 24 years ago
18.2
silica avg (%)
3
samples
24.5
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR2
  • BACKHOE OPERATOR1
See US coal mines ranked by silica in their dust samples.

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: 2009-06-02, 17 years ago
25%
of limit-tested samples over the exposure limit
7
samples
4
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz31 over
  • Respirable dust, <.1mg3
  • Nuisance dust, 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.
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
KENT 2009-704M Withdrawal Lesnick 2013 $634 → $0
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2012
1
2010
1
2001
3

Mines on record

For insurers, brokers, and safety consultants

Where Kay and Kay Contracting 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.

See a sample report
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