Mining Incidents

Ormet Primary Aluminum Corp/Burnside Div: 394 MSHA citations operator

Controlled by Ormet Corporation
MSHA operator ID: L10574

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Fatalities
0
Total incidents
348
Mines on record
1
Years on record
1988–2013
Compliance record
MSHA citations since 2000
394
citations
132
significant & substantial
$134,536
proposed penalties
$36,738
paid to date
27% of proposed penalties paid to date, a $97,798 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
55
inspections on record
1,883
inspection hours
20.9
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.
394 citations across 1,883 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.
$135K
proposed penalties
$114K
current assessed
$37K
paid to date
$78K
outstanding
388 assessments are final orders; 12 contested dockets.
Of $88K in penalties contested before the Commission, $67K was upheld in final decisions.
As of the most recent assessment on 2013-09-10.
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.
33.7%
significant & substantial
1.5%
high negligence or reckless
33.5%
reasonably likely or greater
39.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.3% none, 16.6% low, 81.6% moderate, 1.5% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2013
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.
4.04
total case rate
1.21
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 2.46 and the all-US-mining average was 2.99 cases per 100 workers.
Year total case rate days-away fatal
2013 4.04 1.21 0.000
2012 2.49 0.71 0.000
2011 6.42 0.00 0.000
2007 * 0.00 0.00 0.000
2006 9.40 5.09 0.000
2005 4.82 2.97 0.000
2004 5.95 3.35 0.000
2003 3.53 1.18 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: 2012-06-12, 14 years ago
0%
of limit-tested samples over the exposure limit
31
samples
23
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg8
  • Arsenic fumes4
  • Beryllium fumes4
  • Cadmium oxide fumes4
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.
93 citations taken to the federal commission · 24% of citations on record
  • Settled 79 · 85%
  • Stood as issued 14 · 15%
93%
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 43 decided S&S contests · industry: 79%
23%
Penalty reduction in decided contests
$87K proposed, $67K 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 2013-12-10. 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
CENT 2012-795M Settlement Lewis 2013 $40K → $40K
CENT 2013-546M Settlement Miller 2013 $37K → $19K
CENT 2013-314M Dismissal Lewis 2014 $3K → $3K
CENT 2014-96M Dismissal Bulluck 2014 $2K → $2K
CENT 2012-478M Settlement Lesnick 2012 $2K → $2K
CENT 2012-479M Settlement Paez 2012 $2K → $546
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2013
11
2012
9
2011
4
2006
24
2005
14
2004
17
2003
5
2001
27
2000
23
1999
21
1998
20
1997
12
1996
23
1995
13
1994
11
1993
18
1992
18
1991
16
1990
16
1989
34
1988
12

Mines on record

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Where Ormet Primary Aluminum Corp/Burnside Div 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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