Mining Incidents

Seubert Excavators Inc: 1 recorded fatality operator

MSHA operator ID: L01317

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Fatalities
1
Total incidents
145
Mines on record
8
Years on record
1989–2026
Compliance record
MSHA citations since 2000
651
citations
167
significant & substantial
$212,137
proposed penalties
$169,264
paid to date
80% of proposed penalties paid to date, a $42,873 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
255
inspections on record
3,939
inspection hours
16.5
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.
651 citations across 3,939 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.
$212K
proposed penalties
$169K
current assessed
$169K
paid to date
$0
outstanding
635 assessments are final orders; 15 contested dockets.
Of $101K in penalties contested before the Commission, $57K was upheld in final decisions.
As of the most recent assessment on 2026-02-10.
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.
26.1%
significant & substantial
7.5%
high negligence or reckless
26.4%
reasonably likely or greater
72.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 9.2% low, 83.3% moderate, 7.5% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2025
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 1.65 and the all-US-mining average was 1.97 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
2026 * 9.12 9.12 9.121
2025 * 0.00 0.00 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2020 * 0.00 0.00 0.000
2019 * 8.17 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: 2020-07-28, 6 years ago
17%
of limit-tested samples over the exposure limit
91
samples
23
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz234 over
  • Unlisted Particulate, respirable, <1% Qtz52
  • Respirable dust, <.1mg12
  • Unlisted Particulate, total, <1% Qtz3
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.
85 citations taken to the federal commission · 13% of citations on record
  • Settled 81 · 95%
  • Stood as issued 4 · 5%
80%
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 51 decided S&S contests · industry: 79%
43%
Penalty reduction in decided contests
$100K proposed, $57K 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 2017-09-27. 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
WEST 2008-6M Settlement Barbour 2008 $27K → $12K
WEST 2008-1355M Settlement Melick 2010 $18K → $8K
WEST 2007-341M Settlement Manning 2007 $13K → $10K
WEST 2011-390M Settlement Melick 2012 $10K → $2K
WEST 2017-0712 Settlement Miller 2018 $8K → $6K
WEST 2009-1103M Settlement 2010 $7K → $6K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2026
2 (1f)
2025
2
2019
2
2018
7
2017
2
2016
2
2015
1
2011
1
2007
2
2006
3
2005
1
2004
5
2003
1
2001
3
2000
12
1999
6
1998
6
1997
14
1996
11
1995
11
1994
13
1993
12
1992
18
1991
5
1990
2
1989
1

Mines on record

Fatalities under this operator

1 recorded
April 30, 2026 OR · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman Fatality · SLIP OR FALL OF PERSON
Seubert Excavators Inc · Fall from machine

The employee was tasked with helping fill water tank. EE was found about 30 minutes later laying face down saying EE was hurt and needed help. At this point it appears that the weight of the trailer shifted off the cribbing under the landing gears and caused the trailer to overturn, either striking against or rolling over the miner.

For insurers, brokers, and safety consultants

Where Seubert Excavators 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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