EE was preparing to blacktop the entrance to the shop, when he walked into the path of a payloader that was transporting material from the stock pile. He was run over by the left front tire.
New Enterprise Stone & Lime Company Inc: 5 recorded fatalities controller
Watch this controller
Email me when a new MSHA incident is filed at any mine New Enterprise Stone & Lime Company Inc controls.
New Enterprise Stone & Lime Co., Inc. discloses mines under this controller in its SEC Dodd-Frank Section 1503 (EX-95) mine-safety filings.
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This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.ⓘ
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.ⓘ
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.ⓘ
Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.ⓘ
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.| Year | total case rate | days-away | fatal |
|---|---|---|---|
| 2026 | 3.21 | 0.46 | 0.000 |
| 2025 | 2.89 | 1.44 | 0.000 |
| 2024 | 2.97 | 0.59 | 0.000 |
| 2023 | 4.15 | 0.99 | 0.000 |
| 2022 | 4.10 | 1.73 | 0.000 |
| 2021 | 4.18 | 2.86 | 0.000 |
| 2020 | 4.24 | 2.59 | 0.000 |
| 2019 | 3.78 | 1.47 | 0.000 |
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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)
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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: 2026-08-13
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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.- Quartz, respirable, >1% Qtz46355 over
- Nuisance dust, total, <1% Qtz13918 over
- Respirable dust, <.1mg417
- Nuisance dust, respirable, <1% Qtz120
Area samples (mill and shop air)
Last sampled: 2026-06-02ⓘ
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.- Settled 59 · 87%
- Stood as issued 9 · 13%
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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.ⓘ
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.| Docket | Decision | Judge | Year | Proposed / upheld |
|---|---|---|---|---|
| PENN 2007-231M | Settlement | Hodgdon | 2007 | $10K → $8K |
| PENN 2009-224M | Settlement | Weisberger | 2011 | $8K → $6K |
| PENN 2010-273M | Settlement | Harner | 2011 | $8K → $5K |
| PENN 2010-213M | Settlement | Harner | 2011 | $7K → $5K |
| PENN 2012-435M | Settlement | Bulluck | 2013 | $5K → $2K |
| PENN 2011-179M | Settlement | Lewis | 2011 | $5K → $363 |
Top causes
- POWERED HAULAGE 2 fatalities · 81 non-fatal
- FALLING/SLIDING/ROLLING MATERIALS 2 fatalities · 4 non-fatal
- MACHINERY 1 fatality · 115 non-fatal
- HANDLING OF MATERIALS 426 non-fatal
- SLIP OR FALL OF PERSON 278 non-fatal
- HANDTOOLS (NONPOWERED) 205 non-fatal
Incident timeline
Operators under this controller
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Fatalities under this controller
5 recorded[SEE ATTACHED] THE VICTIM WAS POSITIONING A MAN LIFT TRUCK AT THE BASE OF A LIME DUST STOCKPILE IN PREPARATION OF CHANGING THE OIL IN THE GEAR BOX OF A CONVEYOR BELT HEAD PULLEY. ... THE STO NE DUST MATERIAL APPEARED TO SLIDE FROM DIRECTLY BEHIND THE TRUCK ... . IT WAS ESTIMATED TO BE 2-3' DEEP ON TOP OF VICTIM BASED ON MATERIAL FOUND ON THE TOP OF THE REAR PASSENGER SIDE TIRE.
WHEN PUSHING OVERBURDEN ON T OP OF QUARRY VICTIM BACK-UP RAISED BLADE TURNED 90DEG & RAN UP OVER APPROX 7FT BERM & FELL OVER A 200FT HIGHWALL
HAULING WASTE MATERIAL TO DUMP WITH EUCLID WHEN EUCLID STARTED TO DRIFT BACKWARDS & SUDDENLY TURNED STRICKING LARGE STONE BARRIER AT HIGHWALL & EUCLID WENT OVER HIGHWALL & STRUCK NEXT LEVEL TH ROWING I NAME OUT OF TRUCK
CONTRACTOR EXPR9SSLY INSTRUCTED AND SUBCONTR AGREED ON PM OF 6-11-87 THAT EXCAVATION REQUIRED WOULD BE BENCHED AS REQ BY 30 CFR SECTION 56.3001 ET SEQ.NEVERTHELESS SUBCTR OWNER AND EMPLS COMME NCED PROJECT AT30730 AM 6-12-87 AND EXCAVATED A TRENCH 3'-3.5'WIDE BY 10'DEEP X 55'LONG FOR INSTALLATION OF 1'DIA CMP SEDIMENT POND OUTFALL.THE TRENCH WAS VERTICAL,NOT SUPPORTED AND CONTRARY
Where New Enterprise Stone & Lime Company 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.
The federal record itself stays free on this site. What costs money, and why.