Mining Incidents

ACG Eagleford Atkinson: 21 MSHA citations Metal/Non-Metal

ACG Materials · Surface
Controlled by H I G Capital LLC
Tilden, Mcmullen County, TX  ·  Abandoned
MSHA Mine ID: 4104911

ACG Eagleford Atkinson has $4K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2016
Latest incident
Jul 2016
Compliance record
MSHA citations since 2011
21
citations
9
significant & substantial
$4,048
proposed penalties
$4,048
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
11
inspections on record
99
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: 99 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

ACG Eagleford Atkinson has $4K in proposed MSHA penalties and $0 outstanding across 2 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.
$4K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
20 assessments are final orders; 2 contested dockets.
Of $216 in penalties contested before the Commission, $100 was upheld in final decisions.
As of the most recent assessment on 2016-12-19.
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.
45.0%
significant & substantial
30.0%
high negligence or reckless
45.0%
reasonably likely or greater
25.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 70.0% moderate, 30.0% 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 · 10% of citations on record
  • Settled 1 · 50%
  • Vacated or withdrawn 1 · 50%
54%
Penalty reduction in decided contests
$216 proposed, $100 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 2017-02-22.
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
CENT 2017-0213 Withdrawal Lesnick 2017 $116 → $0
CENT 2014-0627 Settlement Lesnick 2015 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Pinnacle Materials, Inc. 2011 to 2012
  2. Pinnacle Materials LLC 2012 to 2013
  3. Allied Custom Gypsum 2013 to 2013
  4. ACG Materials 2013 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2017 9
2016 13
2015 2
2014 1
2013 6
2012 4
2011 3
Source: MSHA quarterly employment and production, updated weekly.

ACG Eagleford Atkinson sits in McMullen County, Texas, where the Census mining category is 5.1% 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.
McMullen County, Texas · Population 623
5.1%
Mining share of county employment
$45,833
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
2017 Q3 656 0 0 0.0
2016 Q4 413 2 2 4842.6
2016 Q3 3,178 14 7 4405.3
2016 Q2 2,158 0 0 0.0
2016 Q1 416 0 0 0.0
2015 Q4 925 0 0 0.0
2015 Q3 370 0 0 0.0
2015 Q2 20 0 0 0.0
Show 11 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q3 2 1 0 500000.0
2014 Q2 1 0 0 0.0
2014 Q1 1 0 0 0.0
2013 Q4 950 0 0 0.0
2013 Q3 520 0 0 0.0
2013 Q2 1,277 0 0 0.0
2013 Q1 1,112 1 0 899.3
2012 Q3 4,095 0 0 0.0
2012 Q2 3,507 0 0 0.0
2012 Q1 2,580 0 0 0.0
2011 Q4 2,448 3 0 1225.5
No fatalities recorded at this mine.

Reportable incidents

1 on file

2016 · 1 incident

July 29, 2016 TX · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
ACG Materials · Struck against a moving object

Miner was feeding a portable screen from an 8' bench when EE under cut the bench resulting in the excavator rolling off the bench. The miner was ask multiple times if was injured/needed med attention the miner stated was not injured/declined med attention multiple times. The miner completed shift and performed EE's normal duties til 9/6/16, never reported injury/med attention.