Mining Incidents

APEX 410: 80 MSHA citations Metal/Non-Metal

Controlled by Jay Smith
Las Vegas, Clark County, NV  ·  Active
MSHA Mine ID: 2602232

APEX 410 has $22K in proposed MSHA penalties and $0 outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
1996–2026
Latest incident
Mar 2026
Compliance record
MSHA citations since 2015
80
citations
14
significant & substantial
$22,013
proposed penalties
$21,258
paid to date
97% of proposed penalties paid to date, a $755 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2015
30
inspections on record
519
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: 519 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

APEX 410 has $22K in proposed MSHA penalties and $0 outstanding across 7 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.
$22K
proposed penalties
$21K
current assessed
$21K
paid to date
$0
outstanding
77 assessments are final orders; 7 contested dockets.
Of $6K in penalties contested before the Commission, $4K was upheld in final decisions.
As of the most recent assessment on 2026-05-14.
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.
17.9%
significant & substantial
11.5%
high negligence or reckless
17.9%
reasonably likely or greater
52.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 25.6% low, 62.8% moderate, 11.5% 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.
9 citations taken to the federal commission · 11% of citations on record
  • Settled 8 · 89%
  • Vacated or withdrawn 1 · 11%
29%
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 7 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$6K proposed, $4K 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 2022-10-30.
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
WEST 2019-0467 Settlement Miller 2019 $3K → $1K
WEST 2016-0698 Settlement Miller 2017 $1K → $958
WEST 2021-0117 Settlement Manning 2021 $1K → $1K
WEST 2023-0031 Settlement Simonton 2023 $442 → $130
WEST 2016-0299 Settlement Miller 2016 $250 → $250
WEST 2021-0116 Settlement Simonton 2021 $171 → $139
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: 2023-09-27
0%
of limit-tested samples over the exposure limit
5
samples
1
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg3
  • Nuisance dust, respirable, <1% Qtz1
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (5)
Date Contaminant Concentration Limit Conc / limit Occupation
2023-09-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2023-09-27 Unlisted Particulate, respirable, <1% Qtz 0.13 Front-end Loader Operator
2020-09-15 Respirable dust, <.1mg 0 Front-end Loader Operator
2020-09-15 Respirable dust, <.1mg 0 Truck Driver
2015-01-07 Nuisance dust, respirable, <1% Qtz 0.39 10 0.04 Cleanup Man
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.

APEX 410 recorded 0.00 reportable injury cases per 100 full-time workers in 2025.

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.
In Nevada, metal and nonmetal mining averaged 1.25 cases per 100 workers that year.
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
2025 * 0.00 0.00 0.000
2024 * 8.20 0.00 0.000
2023 * 6.44 6.44 0.000
2022 * 0.00 0.00 0.000
2020 * 9.70 9.70 0.000
2019 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
2017 * 0.00 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.
Ownership history
  1. Las Vegas Paving Corp 1993 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 10
2025 12
2024 12
2023 15
2022 10
2021 9
2020 10
2019 10
2018 10
2017 11
2016 9
2015 10
2014 6
2000 0
Source: MSHA quarterly employment and production, updated weekly.

APEX 410 sits in Clark County, Nevada, where the Census mining category is 0.2% 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.
Clark County, Nevada · Population 2,293,764
0.2%
Mining share of county employment
$73,845
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 5,277 4 0 758.0
2026 Q1 4,780 0 0 0.0
2025 Q4 4,861 1 0 205.7
2025 Q3 6,433 0 0 0.0
2025 Q2 7,660 0 0 0.0
2025 Q1 6,217 3 0 482.5
2024 Q4 5,792 0 0 0.0
2024 Q3 4,760 2 0 420.2
Show 43 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 7,784 0 0 0.0
2024 Q1 6,062 3 0 494.9
2023 Q4 6,499 0 0 0.0
2023 Q3 9,343 2 0 214.1
2023 Q2 7,989 8 2 1001.4
2023 Q1 7,248 0 0 0.0
2022 Q4 5,958 0 0 0.0
2022 Q3 5,835 4 0 685.5
2022 Q2 4,501 0 0 0.0
2022 Q1 5,173 1 0 193.3
2021 Q4 5,171 0 0 0.0
2021 Q3 3,362 0 0 0.0
2021 Q2 5,119 6 2 1172.1
2021 Q1 5,310 0 0 0.0
2020 Q4 4,978 11 5 2209.7
2020 Q3 7,207 3 0 416.3
2020 Q2 4,917 0 0 0.0
2020 Q1 3,525 4 0 1134.8
2019 Q4 5,377 0 0 0.0
2019 Q3 5,988 0 0 0.0
2019 Q2 5,712 5 3 875.4
2019 Q1 4,511 0 0 0.0
2018 Q4 3,850 0 0 0.0
2018 Q3 5,497 0 0 0.0
2018 Q2 6,313 0 0 0.0
2018 Q1 5,639 0 0 0.0
2017 Q4 5,615 0 0 0.0
2017 Q3 7,774 1 0 128.6
2017 Q2 5,407 0 0 0.0
2017 Q1 3,797 3 0 790.1
2016 Q4 4,071 0 0 0.0
2016 Q3 4,287 0 0 0.0
2016 Q2 4,024 4 0 994.0
2016 Q1 5,031 0 0 0.0
2015 Q4 5,887 10 1 1698.7
2015 Q3 6,462 0 0 0.0
2015 Q2 4,426 0 0 0.0
2015 Q1 3,937 5 1 1270.0
2014 Q4 3,559 0 0 0.0
2014 Q3 2,543 0 0 0.0
2000 Q3 0 0 0
2000 Q2 0 0 0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2026 · 1 incident

March 17, 2026 NV · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Las Vegas Paving Corp · Fall from ladders

Slipped off ladder. sprained left knee and ankle

2024 · 1 incident

December 20, 2024 NV · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Las Vegas Paving Corp · Over-exertion (Not Elsewhere Classified)

Miner was on top of a piece of mobile equipment to remove the fuel cap to begin fueling. When climbing back down, EE missed a step with EE's foot and caught self on the ladder with their hands. EE stated that it felt like EE pulled something in their shoulder when EE caught self. Miner did not fall all the way to the ground.

2023 · 1 incident

September 22, 2023 NV · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Las Vegas Paving Corp · Struck by falling object

Jaw feeder at plant primary plugged up and overflowed material. Miner was cleaning the jaw feeder underbelt with a shovel because the skid steer was tagged out due to mechanical failure. Miner was the ground person in the area and noticed the tail pulley was about to be buried. Miner decided to start clean up while belt and jaw were operating which is against company policy.

2020 · 1 incident

November 19, 2020 NV · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Las Vegas Paving Corp · Caught in, under or between running or meshing objects

Miner failed to access a working area in a safe manner, resulting in a loss of arm.

1996 · 2 incidents

March 18, 1996 NV · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman ELECTRICAL
Las Vegas Paving Corp · Flash burns (electric)

EMPLOYEE WAS CHECKING A MAGNETIC HOLD IN SWITCH LEADING TO THE PRIMARY CRUSHER JAWS WHEN ELECT. FLASH OCCURRED.

March 18, 1996 NV · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator ELECTRICAL
Las Vegas Paving Corp · Flash burns (electric)

EMPLOYEE WAS CHECKING A MAGNETIC HOLD IN SWITCH LEADING TO THE PRIMARY CRUSHER JAWS WHEN ELECT. FLASH OCCURRED.