61% of proposed penalties paid to date, a $1,252,528 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
425
inspections on record
15,677
inspection hours
13.6
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.
2,139 citations across 15,677 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.
$3.2M
proposed penalties
$2.1M
current assessed
$1.9M
paid to date
$159K
outstanding
2,101 assessments are final orders; 91 contested dockets.
Of $2.3M in penalties contested before the Commission, $1.2M was upheld in final decisions.
As of the most recent assessment on 2016-09-14.
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, 2016
ⓘ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.
0.98
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US metal and nonmetal mining average was 2.17 and the all-US-mining average was 2.59 cases per 100 workers.
Year
total case rate
days-away
fatal
2016
0.98
0.00
0.000
2015
3.81
0.64
0.000
2014
9.94
0.93
0.000
2013
6.25
1.70
0.000
2012
9.46
1.92
0.000
2011
4.94
1.89
0.000
2010
5.43
1.92
0.000
2009
7.12
1.78
0.000
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: 2016-05-05, 10 years ago
3%
of limit-tested samples over the exposure limit
147
samples
98
limit-tested
Most sampled contaminants
Nuisance dust, total, <1% Qtz93 over
Unlisted Particulate, respirable, <1% Qtz21
Fibers, >5um16
Respirable dust, <.1mg12
Area samples (mill and shop air)
Last sampled: 2015-12-29, 10 years ago
13
samples
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.
794citations taken to the federal commission · 37% of citations on record
Settled
793 · 100%
Stood as issued
1 · 0%
73%
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 346 decided S&S contests · industry: 79%
48%
Penalty reduction in decided contests
$2.2M proposed, $1.2M 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 2016-12-12. 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.
December 9, 2004TX · Metal/Non-Metalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · MACHINERY
Sherwin Alumina Company, LLC · Caught in, under or between collapsing material or buildings
CO. MIS-JUDGED AMOUNT OF MILKY LIME IN TANK. 12/8 THEY REMOVED TANK DOOR & HARD SCALE FORMED OVER DOOR. CO. CONTACTED ONYX TO CUT SCALE AT BASE TO REMOVE WHAT CO. SAID WAS 2-3 FT OF LIQUID. ONYX USED HIGH PRESSURE WATER TO CUT INTO SCALE. ONCE TECH STARTED, SCALE GAVE WAY & TECH WAS TRAPPED UNDER LIQUIDE THAT CAME OUT. MORE LIQUID WAS IN TANK THAN THOUGHT. CO DID NOT SOUND TANK.
June 11, 2002TX · Metal/Non-Metalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorFatality · MACHINERY
Sherwin Alumina Company, LLC · Struck by falling object
AT 12 O'CLOCK MIDNIGHT AN EQUIPMENT CLEANER HELPER WAS FOUND UNCONSCIOUS BY A CO-WORKER. THE ECH WAS GIVEN EMERGENCY ASSISTANCE BY EMERGENCY PERSONNEL AND TRANSPORTED TO A HOSPITAL IN CORPUS CHRISTI, TEXAS, WHERE HE WAS PRONOUNCE DEAD ON ARRIVAL. THE CAUSE OF DEATH WAS DETERMINED TO BE A FRACTURED NECK. INVESTIGATION IS ON-GOING.
For insurers, brokers, and safety consultants
Where Sherwin Alumina Company, 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.