Apex Materials, LLC has $82K in proposed MSHA penalties and $59K outstanding across 7 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
4
Years on record
2003–2005
Latest incident
May 2005
Compliance record
MSHA citations since 2002
169
citations
69
significant & substantial
$82,449
proposed penalties
$10,790
paid to date
13% of proposed penalties paid to date, a $71,659 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
49
inspections on record
737
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: 737 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
ⓘ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.
2
Section 107(a) orders
Most recent order: 2010-10-27.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.
Apex Materials, LLC has $82K in proposed MSHA penalties and $59K 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.
$82K
proposed penalties
$70K
current assessed
$11K
paid to date
$59K
outstanding
159 assessments are final orders; 7 contested dockets.
Of $80K in penalties contested before the Commission, $48K was upheld in final decisions.
As of the most recent assessment on 2014-02-20.
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.
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.
35citations taken to the federal commission · 21% of citations on record
Settled
18 · 51%
Stood as issued
13 · 37%
Vacated or withdrawn
4 · 11%
78%
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 27 decided S&S contests · industry: 79%
39%
Penalty reduction in decided contests
$79K proposed, $48K 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 2011-04-15.
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.
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: 2013-06-12, 13 years ago
0%
of limit-tested samples over the exposure limit
10
samples
8
limit-tested
Most sampled contaminants
Quartz, respirable, >1% Qtz7
Respirable dust, <.1mg2
Nuisance dust, respirable, <1% Qtz1
Show the individual readings (10)
Date
Contaminant
Concentration
Limit
Conc / limit
Occupation
2013-06-12
Quartz, respirable, >1% Qtz
0.49
2.22
0.22
Truck Driver
2012-09-12
Respirable dust, <.1mg
0
Truck Driver
2011-05-11
Quartz, respirable, >1% Qtz
0.31
1.68
0.18
Front-end Loader Operator
2010-04-14
Quartz, respirable, >1% Qtz
0.36
1.23
0.29
Mechanic
2010-04-14
Quartz, respirable, >1% Qtz
0.72
1.98
0.36
Front-end Loader Operator
2010-04-14
Quartz, respirable, >1% Qtz
0.75
1.3
0.58
Truck Driver
2010-04-14
Quartz, respirable, >1% Qtz
0.65
1.41
0.46
Front-end Loader Operator
2009-04-17
Nuisance dust, respirable, <1% Qtz
0.23
10
0.02
Backhoe Operator
2009-04-17
Quartz, respirable, >1% Qtz
0.7
1.88
0.37
Truck Driver
2002-04-04
Respirable dust, <.1mg
0
Scale 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 Materials, LLC recorded 0.00 reportable injury cases per 100 full-time workers in 2013.
Injury rate, 2013
ⓘ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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 2.46 and the all-US-mining average was 2.99 cases per 100 workers.
In Kentucky, metal and nonmetal mining averaged 1.90 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.
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.
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year
Employees
2015
0
2014
1
2013
10
2012
7
2011
4
2010
8
2009
11
2008
11
2007
10
2006
1
2005
7
2004
9
2003
6
2002
6
Source: MSHA quarterly employment and production, updated weekly.
Apex Materials, LLC sits in Christian County, Kentucky, 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.
Christian County, Kentucky · Population 72,599
0.1%
Mining share of county employment
$54,190
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
2015 Q2
0
0
0
2015 Q1
0
0
0
2014 Q4
0
0
0
2014 Q3
0
0
0
2014 Q2
250
0
0
0.0
2014 Q1
500
2
1
4000.0
2013 Q4
5,025
0
0
0.0
2013 Q3
5,484
0
0
0.0
Show 41 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2013 Q2
5,424
3
1
553.1
2013 Q1
4,772
0
0
0.0
2012 Q4
8,285
0
0
0.0
2012 Q3
2,977
1
0
335.9
2012 Q2
2,073
0
0
0.0
2011 Q4
0
0
0
2011 Q2
185
1
0
5405.4
2011 Q1
1,657
0
0
0.0
2010 Q4
2,330
16
8
6867.0
2010 Q3
2,736
0
0
0.0
2010 Q2
2,345
11
5
4690.8
2010 Q1
1,964
0
0
0.0
2009 Q4
3,553
9
0
2533.1
2009 Q3
3,441
0
0
0.0
2009 Q2
1,043
11
1
10546.5
2009 Q1
2,069
0
0
0.0
2008 Q4
3,946
10
2
2534.2
2008 Q3
3,896
8
7
2053.4
2008 Q2
4,320
0
0
0.0
2008 Q1
5,028
0
0
0.0
2007 Q4
4,212
37
19
8784.4
2006 Q4
0
0
0
2006 Q3
0
0
0
2006 Q2
0
0
0
2006 Q1
810
1
0
1234.6
2005 Q4
1,119
0
0
0.0
2005 Q3
3,030
10
8
3300.3
2005 Q2
3,700
0
0
0.0
2005 Q1
3,446
5
2
1451.0
2004 Q4
2,354
0
0
0.0
2004 Q3
2,809
0
0
0.0
2004 Q2
3,390
9
4
2654.9
2004 Q1
4,182
15
2
3586.8
2003 Q4
2,583
0
0
0.0
2003 Q3
3,287
0
0
0.0
2003 Q2
4,109
7
4
1703.6
2003 Q1
2,765
7
3
2531.6
2002 Q4
3,896
0
0
0.0
2002 Q3
4,041
2
0
494.9
2002 Q2
1,927
4
2
2075.8
2002 Q1
2,506
0
0
0.0
No fatalities recorded at this mine.
Reportable incidents
4 on file
2005 · 2 incidents
May 3, 2005KY · Metal/Non-Metallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDLING OF MATERIALS
Apex Quarry LLC · Caught in, under or between a moving and a stationary object
GOT OUT OF TRACKHOE, WENT TO CLOSE DOOR AND CAUGHT FINGER ON HANDRAIL.
January 14, 2005KY · Metal/Non-Metalcoal/ore shovel operator, shoveler, power shovelerPOWERED HAULAGE