Mining Incidents

Gabel-Thomas: 90 MSHA citations Metal/Non-Metal

Controlled by Daniel R Gernatt Jr
Sardinia, Erie County, NY  ·  Active
MSHA Mine ID: 3003442

Gabel-Thomas has $25K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
7
Years on record
2021–2026
Latest incident
Aug 2026
Compliance record
MSHA citations since 2003
90
citations
19
significant & substantial
$25,337
proposed penalties
$25,337
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
35
inspections on record
590
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: 590 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Gabel-Thomas has $25K in proposed MSHA penalties and $0 outstanding across 1 contested dockets.

Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$25K
proposed penalties
$25K
current assessed
$25K
paid to date
$0
outstanding
77 assessments are final orders; 1 contested dockets.
Of $200 in penalties contested before the Commission, $200 was upheld in final decisions.
As of the most recent assessment on 2025-12-02.
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.
21.3%
significant & substantial
11.2%
high negligence or reckless
21.3%
reasonably likely or greater
55.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 12.4% low, 76.4% moderate, 11.2% 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.
2 citations taken to the federal commission · 2% of citations on record
  • Stood as issued 2 · 100%
0%
Penalty reduction in decided contests
$200 proposed, $200 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 2012-11-07.
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 mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
YORK 2013-35M Dismissal Paez 2013 $200 → $200
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
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: 2025-12-02
0%
of limit-tested samples over the exposure limit
19
samples
8
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg10
  • Quartz, respirable, >1% Qtz7
  • Arsenic fumes1
  • Beryllium fumes1
Show the individual readings (31)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-12-02 Arsenic fumes 0 1500 0.00 Mechanic
2025-12-02 Zinc oxide fumes 0 10 0.00 Mechanic
2025-12-02 Vanadium fumes 0 50 0.00 Mechanic
2025-12-02 Nickel fumes 0 3 0.00 Mechanic
2025-12-02 Molybdenum fumes 0 20 0.00 Mechanic
2025-12-02 Manganese fumes 0.39 5 0.08 Mechanic
2025-12-02 Magnesium oxide fumes 0.09 20 0.00 Mechanic
2025-12-02 Lead fumes 0 450 0.00 Mechanic
2025-12-02 Iron oxide fumes 3.66 20 0.18 Mechanic
2025-12-02 Copper fumes 0 300 0.00 Mechanic
2025-12-02 Cobalt fumes 0 300 0.00 Mechanic
2025-12-02 Chromium, insoluble 0 3 0.00 Mechanic
2025-12-02 Cadmium oxide fumes 0 100 0.00 Mechanic
2025-12-02 Beryllium fumes 0 6 0.00 Mechanic
2025-06-05 Respirable dust, <.1mg 0 Dredge/Barge Operator
2025-06-05 Respirable dust, <.1mg 0 Front-end Loader Operator
2021-12-14 Quartz, respirable, >1% Qtz 0.19 Dredge/Barge Operator
2021-12-14 Quartz, respirable, >1% Qtz 0.22 0.62 0.35 Utility Man
2021-12-14 Quartz, respirable, >1% Qtz 0.17 0.53 0.32 Front-end Loader Operator
2017-11-01 Respirable dust, <.1mg 0 Front-end Loader Operator
2017-11-01 Respirable dust, <.1mg 0 Cleanup Man
2017-11-01 Respirable dust, <.1mg 0 Washer Operator
2017-11-01 Respirable dust, <.1mg 0 Supervisor, Co. Official
2016-04-21 Quartz, respirable, >1% Qtz 0.36 0.39 0.92 Washer Operator
2016-04-21 Respirable dust, <.1mg 0 Washer Operator
2011-05-25 Respirable dust, <.1mg 0 Scale Man
2011-05-25 Quartz, respirable, >1% Qtz 0.14 0.42 0.33 Crusher Oper/Worker
2011-05-25 Quartz, respirable, >1% Qtz 0.16 0.41 0.39 Front-end Loader Operator
2011-05-25 Respirable dust, <.1mg 0 Front-end Loader Operator
2003-10-02 Respirable dust, <.1mg 0 Front-end Loader Operator
2003-10-02 Quartz, respirable, >1% Qtz 0.17 0.46 0.37 Washer Operator
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.
Ownership history
  1. Gernatt Asphalt Products, Inc. 2003 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 7
2025 7
2024 6
2023 7
2022 5
2021 6
2020 6
2019 6
2018 5
2017 5
2016 5
2015 5
2014 4
2013 3
2012 4
2011 4
2010 4
2009 3
2006 1
2005 1
2004 4
2003 3
Source: MSHA quarterly employment and production, updated weekly.

Gabel-Thomas sits in Erie County, New York, where the Census mining category is 0.1% of county employment.

Local economic context
County figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Erie County, New York · Population 950,044
0.1%
Mining share of county employment
$71,175
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
Quarterly safety rates
Citations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter Hours worked Citations S&S Per 1M hrs
2026 Q2 4,976 0 0 0.0
2026 Q1 2,961 0 0 0.0
2025 Q4 3,438 1 0 290.9
2025 Q3 3,998 0 0 0.0
2025 Q2 6,109 1 0 163.7
2025 Q1 3,411 1 0 293.2
2024 Q4 3,294 0 0 0.0
2024 Q3 4,506 0 0 0.0
Show 73 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 4,282 2 0 467.1
2024 Q1 2,876 3 0 1043.1
2023 Q4 3,390 0 0 0.0
2023 Q3 3,637 8 2 2199.6
2023 Q2 3,507 0 0 0.0
2023 Q1 2,672 0 0 0.0
2022 Q4 2,765 0 0 0.0
2022 Q3 2,976 0 0 0.0
2022 Q2 3,636 1 0 275.0
2022 Q1 2,327 0 0 0.0
2021 Q4 3,733 3 0 803.6
2021 Q3 3,963 0 0 0.0
2021 Q2 3,521 0 0 0.0
2021 Q1 2,239 0 0 0.0
2020 Q4 3,972 0 0 0.0
2020 Q3 3,803 0 0 0.0
2020 Q2 3,694 0 0 0.0
2020 Q1 2,296 0 0 0.0
2019 Q4 3,830 0 0 0.0
2019 Q3 3,963 0 0 0.0
2019 Q2 4,184 2 0 478.0
2019 Q1 2,332 0 0 0.0
2018 Q4 3,057 0 0 0.0
2018 Q3 3,813 0 0 0.0
2018 Q2 3,663 0 0 0.0
2018 Q1 2,181 3 0 1375.5
2017 Q4 3,041 4 2 1315.4
2017 Q3 3,265 0 0 0.0
2017 Q2 3,496 0 0 0.0
2017 Q1 1,910 0 0 0.0
2016 Q4 2,881 9 3 3123.9
2016 Q3 3,522 0 0 0.0
2016 Q2 3,274 9 2 2748.9
2016 Q1 1,305 0 0 0.0
2015 Q4 2,647 0 0 0.0
2015 Q3 3,657 0 0 0.0
2015 Q2 3,266 1 1 306.2
2015 Q1 875 0 0 0.0
2014 Q4 2,929 1 0 341.4
2014 Q3 2,499 1 0 400.2
2014 Q2 2,776 0 0 0.0
2014 Q1 1,169 0 0 0.0
2013 Q4 2,098 0 0 0.0
2013 Q3 2,080 0 0 0.0
2013 Q2 2,414 1 0 414.3
2013 Q1 1,033 0 0 0.0
2012 Q4 2,406 0 0 0.0
2012 Q3 2,572 7 1 2721.6
2012 Q2 2,442 0 0 0.0
2012 Q1 1,669 0 0 0.0
2011 Q4 1,841 0 0 0.0
2011 Q3 2,519 0 0 0.0
2011 Q2 2,471 2 0 809.4
2011 Q1 1,889 0 0 0.0
2010 Q4 2,363 0 0 0.0
2010 Q3 2,891 0 0 0.0
2010 Q2 1,904 1 0 525.2
2010 Q1 1,043 3 0 2876.3
2009 Q4 1,732 0 0 0.0
2009 Q3 1,983 10 2 5042.9
2006 Q2 804 0 0 0.0
2006 Q1 625 0 0 0.0
2005 Q4 0 0 0
2005 Q3 836 0 0 0.0
2005 Q2 871 0 0 0.0
2005 Q1 656 0 0 0.0
2004 Q4 1,964 2 2 1018.3
2004 Q3 2,639 0 0 0.0
2004 Q2 2,557 0 0 0.0
2004 Q1 1,149 0 0 0.0
2003 Q4 1,834 2 0 1090.5
2003 Q3 2,101 0 0 0.0
2003 Q2 1,163 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

7 on file

2026 · 3 incidents

August 21, 2026 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Gernatt Asphalt Products, Inc. · Fall from piled material

Employee was carrying hydraulic oil containers from shop to loader and sprained ankle while walking over concrete pad that had mounds of topsoil on it.

July 7, 2026 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Gernatt Asphalt Products, Inc. · Over-exertion in lifting objects

Employee was shoveling material and felt a painful pop in EE's lower back.

March 2, 2026 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Gernatt Asphalt Products, Inc. · Struck by flying object

Miner was using a handheld grinder on a weld when metal debris flew into left eye. Eye wash station was unsuccessful at remedying, so miner was taken to urgent care for treatment. Doctor successfully removed metal debris with tweezers.

2025 · 1 incident

December 10, 2025 NY · Metal/Non-Metal electrician, lineman HANDLING OF MATERIALS
Gernatt Asphalt Products, Inc. · Struck by... (Not Elsewhere Classified)

Electrician had the dredge control panel propped open. The prop failed causing the panel to slam down striking EE's left arm just above the wrist. Urgent Care assessed injury as a contusion with no broken bones and directed right handed duty only until follow up appointment to reassess the injury.

2024 · 1 incident

March 11, 2024 NY · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand HANDLING OF MATERIALS
Gernatt Asphalt Products, Inc. · Struck by... (Not Elsewhere Classified)

Employee was adjusting a feed chute to prevent spillage. The chute is suspended by two chains. When the employee loosened one chain, the chute swung over and struck employee in the head. Employee had left hard hat in the truck and was not wearing it.

2022 · 1 incident

June 1, 2022 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Gernatt Asphalt Products, Inc. · Struck by falling object

Employee was assisting with maintenance activities. EE was lifting a pulley shaft out of the bed of a truck and dropped it on their foot.

2021 · 1 incident

July 30, 2021 NY · Metal/Non-Metal master mechanic, foreman, supervisor POWERED HAULAGE
Gernatt Asphalt Products, Inc. · Struck against a moving object

Employee was traveling in the basket of a manlift when something caused the lift to unexpectedly increase in speed, throwing the employee off-balance. EE struck EE's ribs on the handrail of the man basket.