Mining Incidents

New West Materials LLC: 110 MSHA citations operator

Controlled by William R Pulice
MSHA operator ID: L16464

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Fatalities
0
Total incidents
1
Mines on record
1
Years on record
2002
Compliance record
MSHA citations since 2000
110
citations
22
significant & substantial
$10,631
proposed penalties
$9,175
paid to date
86% of proposed penalties paid to date, a $1,456 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
57
inspections on record
747
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: 747 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
$9K
current assessed
$9K
paid to date
$0
outstanding
109 assessments are final orders; 6 contested dockets.
Of $12K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2005-02-03.
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.
20.0%
significant & substantial
0.0%
high negligence or reckless
24.5%
reasonably likely or greater
64.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.9% none, 18.2% low, 80.9% moderate, 0.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2005
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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 3.76 and the all-US-mining average was 4.21 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
2005 * 0.00 0.00 0.000
2004 0.00 0.00 0.000
2003 0.00 0.00 0.000
2002 0.00 0.00 0.000
2001 * 0.00 0.00 0.000
2000 * 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.

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: 2005-02-01, 21 years ago
20%
of limit-tested samples over the exposure limit
18
samples
15
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz143 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
WEST20020051M Settlement Schroeder 2002 $8K → $3K
WEST 2003-438-M Dismissal Zielinski 2004 $3K → $2K
WEST20030195M Settlement Manning 2003 $791 → $459
WEST20020143M Settlement Manning 2002 $385 → $330
WEST20010526M Settlement Manning 2001 $344 → $220
WEST20000471M Settlement Barbour 2000 $180 → $180
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2002
1

Mines on record

For insurers, brokers, and safety consultants

Where New West Materials 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.

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