96% of proposed penalties paid to date, a $5,067 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
193
inspections on record
2,053
inspection hours
10.9
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.
224 citations across 2,053 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.
$115K
proposed penalties
$111K
current assessed
$110K
paid to date
$822
outstanding
214 assessments are final orders; 9 contested dockets.
Of $108K in penalties contested before the Commission, $69K was upheld in final decisions.
As of the most recent assessment on 2014-07-17.
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.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2014
ⓘ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.
21.49
total case rate
16.12
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 2.39 and the all-US-mining average was 2.93 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
2014 *
21.49
16.12
0.000
2013 *
12.18
12.18
0.000
2012 *
8.00
8.00
0.000
2011 *
5.67
2.84
0.000
2010 *
8.99
6.74
0.000
2009
6.24
6.24
1.561
2008
9.86
9.86
0.000
2007
4.97
4.97
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: 2013-08-21, 13 years ago
0%
of limit-tested samples over the exposure limit
24
samples
18
limit-tested
Most sampled contaminants
Nuisance dust, total, <1% Qtz11
Nuisance dust, respirable, <1% Qtz7
Respirable dust, <.1mg6
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.
27citations taken to the federal commission · 12% of citations on record
Settled
21 · 78%
Stood as issued
6 · 22%
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 15 decided S&S contests · industry: 79%
6%
Penalty reduction in decided contests
$73K proposed, $69K 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 2010-12-21. 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.
February 19, 2009PR · Metal/Non-MetalcarpenterFatality · MACHINERY
Master Aggregates Toa Baja Corp · Struck by falling object
Employee was walking at the plant facilities, a cornerstone of the crane collapsed, hitting the employee directly to the body and falling down. Employee was wearing safety equipment as required (capacete). Received multiple injuries to the upper and lower body.
November 13, 2002PR · Metal/Non-Metalbulldozer operator, universal operator, heavy equipment operator, operating engineerFatality · MACHINERY
Master Aggregates Toa Baja Corp · Caught in, under or between (Not Elsewhere Classified)
THE EMPLOYEE WAS PUSHING MATERIAL WITH HIS BULLDOZER WHEN A LANDSLIDE FROM A SLOPED MINE WALL FELL WITH ROCKS CRUSHED THE CABIN. THE EMPLOYEE WAS TRAPPED AND WOUNDED WITH ONE OF THE SUPPORTS O F THE CABIN, CAUSING IMMEDIATE DEATH.
For insurers, brokers, and safety consultants
Where Master Aggregates Toa Baja 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.