Mining Incidents

Schwarck Quarries Inc: 69 MSHA citations operator

Controlled by James D Schwarck
MSHA operator ID: L02948

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Fatalities
0
Total incidents
6
Mines on record
1
Years on record
1984–2002
Compliance record
MSHA citations since 2000
69
citations
18
significant & substantial
$21,392
proposed penalties
$5,334
paid to date
25% of proposed penalties paid to date, a $16,058 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
23
inspections on record
230
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: 230 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.
$21K
proposed penalties
$14K
current assessed
$5K
paid to date
$8K
outstanding
68 assessments are final orders; 3 contested dockets.
Of $14K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2007-04-04.
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.
26.5%
significant & substantial
1.5%
high negligence or reckless
26.5%
reasonably likely or greater
75.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.2% low, 85.3% moderate, 1.5% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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.
23 citations taken to the federal commission · 33% of citations on record
  • Settled 23 · 100%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 13 decided S&S contests · industry: 79%
58%
Penalty reduction in decided contests
$14K proposed, $6K 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 2007-06-26. 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 2006-77M Settlement Barbour 2006 $5K → $4K
CENT 2007-250M Prevail Manning 2008 $5K → $575
CENT 2007-88M Settlement Manning 2007 $4K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2002
4
1985
1
1984
1

Mines on record

For insurers, brokers, and safety consultants

Where Schwarck Quarries Inc 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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