Mining Incidents
Search Operators Mines Alerts Research Controllers Fatalgrams About
Countries
Peru Chile
English Español
← Back to search

Apex Quarry: 74 MSHA citations Metal/Non-Metal

Controlled by Jeffrey R Sidwell
Jewett, Harrison County, OH  ·  Abandoned
MSHA Mine ID: 3304321

Apex Quarry has $11K in proposed MSHA penalties and $495 outstanding across 2 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Apex Quarry.

Fatalities
0
Total incidents
8
Years on record
2007–2012
Latest incident
Sep 2012
Compliance record
MSHA citations since 2000
74
citations
29
significant & substantial
$10,959
proposed penalties
$8,014
paid to date
73% of proposed penalties paid to date, a $2,945 gap.
Source: MSHA violations data, updated weekly.
See Sidwell Materials Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
56
inspections on record
1,075
inspection hours
6.9
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.
74 citations across 1,075 inspection hours.
Source: MSHA inspections data, updated weekly.

Apex Quarry has $11K in proposed MSHA penalties and $495 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.
$11K
proposed penalties
$9K
current assessed
$8K
paid to date
$495
outstanding
74 assessments are final orders; 2 contested dockets.
Of $4K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2017-08-15.
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.
39.2%
significant & substantial
1.4%
high negligence or reckless
39.2%
reasonably likely or greater
14.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 43.2% low, 55.4% moderate, 1.4% 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.
10 citations taken to the federal commission · 14% of citations on record
  • Settled 10 · 100%
100%
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 5 decided S&S contests · industry: 79%
60%
Penalty reduction in decided contests
$4K proposed, $2K 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 2008-11-07.
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
LAKE 2008-613 Settlement Lesnick 2009 $3K → $550
LAKE 2009-77 Settlement Lesnick 2010 $1K → $1K
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.

Noise
ⓘ The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.

Last sampled: 2011-04-18, 15 years ago
6%
over PEL
47
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE12
  • BULLDOZER OPERATOR9
  • BACKHOE OPERATOR8
See US mines ranked by noise samples over the legal limit.

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: 2017-01-05, 9 years ago
0%
of limit-tested samples over the exposure limit
7
samples
2
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg5
  • Quartz, respirable, >1% Qtz2
Show the individual readings (7)
Date Contaminant Concentration Limit Conc / limit Occupation
2017-01-05 Respirable dust, <.1mg 0 Bulldozer Operator
2017-01-05 Quartz, respirable, >1% Qtz 0.13 0.71 0.18 Truck Driver
2017-01-05 Respirable dust, <.1mg 0 Truck Driver
2017-01-05 Respirable dust, <.1mg 0 Backhoe Operator
2014-07-17 Quartz, respirable, >1% Qtz 0.18 1.24 0.15 Truck Driver
2014-07-17 Respirable dust, <.1mg 0 Bulldozer Operator
2014-07-17 Respirable dust, <.1mg 0 Utility 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.
Health sampling trend
ⓘ 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.
Noise by year
Year over PEL samples
2011 0% 3
2010 33% 3
2009 0% 8
2008 0% 13
2006 0% 8
2004 0% 3
2000 22% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Apex Quarry recorded 0.00 reportable injury cases per 100 full-time workers in 2015.

Injury rate, 2015
ⓘ 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 2.26 and the all-US-mining average was 2.72 cases per 100 workers.
In Ohio, metal and nonmetal mining averaged 1.85 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
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 8.26 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 4.43 0.00 0.000
2008 * 12.38 6.19 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. Miller Mining Inc 1994 to 1999
  2. Copperhead Coal Company 1999 to 2001
  3. Germano Coal Co., Inc. 2001 to 2005
  4. Eastern Ohio Coal Company, LLC 2005 to 2007
  5. Mineral Trading Co., LLC 2007 to 2011
  6. Sidwell Materials Inc. 2011 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
ⓘ Coal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year Employees Coal produced (tons)
2021 0
2020 0
2019 1
2018 9
2017 12
2016 13
2015 14
2014 14
2013 12
2012 13
2011 14 26,344
2010 19 39,852
2009 20 51,035
2008 14 43,164
2007 19 35,166
2006 20 61,164
2005 4 10,409
2004 8 36,748
2001 0
2000 6 22,185
Source: MSHA quarterly employment and production, updated weekly.

Apex Quarry sits in Harrison County, Ohio, where the Census mining category is 3.6% 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.
Harrison County, Ohio · Population 14,408
3.6%
Mining share of county employment
$53,851
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
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2019 Q4 0 0 0
Show 67 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 81 0 0 0.0
2018 Q4 3,399 0 0 0.0
2018 Q3 3,639 0 0 0.0
2018 Q2 1,544 0 0 0.0
2018 Q1 0 0 0
2017 Q4 4,142 0 0 0.0
2017 Q3 4,968 1 0 201.3
2017 Q2 5,290 0 0 0.0
2017 Q1 4,080 2 1 490.2
2016 Q4 4,948 0 0 0.0
2016 Q3 5,423 0 0 0.0
2016 Q2 5,042 2 0 396.7
2016 Q1 4,125 0 0 0.0
2015 Q4 5,535 0 0 0.0
2015 Q3 6,794 3 2 441.6
2015 Q2 5,939 0 0 0.0
2015 Q1 5,088 0 0 0.0
2014 Q4 7,228 0 0 0.0
2014 Q3 7,898 5 1 633.1
2014 Q2 7,683 0 0 0.0
2014 Q1 6,707 2 1 298.2
2013 Q4 5,379 0 0 0.0
2013 Q3 5,995 0 0 0.0
2013 Q2 6,480 0 0 0.0
2013 Q1 6,181 3 2 485.4
2012 Q4 5,538 0 0 0.0
2012 Q3 6,751 0 0 0.0
2012 Q2 5,542 0 0 0.0
2012 Q1 6,392 2 0 312.9
2011 Q4 3,356 2 0 595.9
2011 Q3 6,903 0 0 0.0
2011 Q2 9,361 0 0 0.0
2011 Q1 8,603 0 0 0.0
2010 Q4 9,618 1 0 104.0
2010 Q3 10,322 0 0 0.0
2010 Q2 11,159 2 1 179.2
2010 Q1 6,825 0 0 0.0
2009 Q4 11,149 2 2 179.4
2009 Q3 11,570 0 0 0.0
2009 Q2 13,507 1 1 74.0
2009 Q1 8,964 0 0 0.0
2008 Q4 11,454 2 1 174.6
2008 Q3 15,521 9 4 579.9
2008 Q2 2,281 0 0 0.0
2008 Q1 3,052 4 1 1310.6
2007 Q4 3,832 0 0 0.0
2007 Q3 5,147 2 0 388.6
2007 Q2 7,297 4 2 548.2
2007 Q1 8,866 0 0 0.0
2006 Q4 11,546 2 1 173.2
2006 Q3 11,078 0 0 0.0
2006 Q2 12,548 2 2 159.4
2006 Q1 4,713 1 0 212.2
2005 Q4 180 0 0 0.0
2005 Q3 301 0 0 0.0
2005 Q2 2,326 2 0 859.8
2005 Q1 2,160 2 0 925.9
2004 Q4 4,495 1 0 222.5
2004 Q3 4,540 0 0 0.0
2004 Q2 119 2 0 16806.7
2001 Q1 0 0 0
2000 Q4 0 0 0
2000 Q3 2,142 3 3 1400.6
2000 Q2 4,896 0 0 0.0
2000 Q1 4,955 6 4 1210.9
No fatalities recorded at this mine.

Reportable incidents

8 on file

2012 · 1 incident

September 1, 2012 OH · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Sidwell Materials Inc. · Struck by flying object

Employee was installing new tracks on a excavator driving a steel pin with a sledge hammer to hold tracks together when a very small piece of steel fragment broke off and went into his rigt leg. Employee received 4 stitches in his right leg.

2009 · 1 incident

August 4, 2009 OH · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Mineral Trading Co., LLC · Struck against a moving object

While operating the D11 Dozer the operator ran over a rock causing the machine to jump and landing on a rock, teetering then falling back down to level ground, causing the operator to be jarred.

2008 · 2 incidents

September 23, 2008 OH · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Mineral Trading Co., LLC · Struck against a moving object

Digging hard stone with 1100 excator. When digging, exavator track picked up off ground and slammed down hard several times, jamming lower back.

February 22, 2008 OH · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Mineral Trading Co., LLC · Over-exertion (Not Elsewhere Classified)

Snow/icy - shoveling scales - slipped on ice & cut thumb.

2007 · 4 incidents

December 28, 2007 OH · Metal/Non-Metal coal/ore shovel operator, shoveler, power shoveler SLIP OR FALL OF PERSON
Mineral Trading Co., LLC · Fall onto or against objects

Muddy conditions - he slipped and fell off track and landed on rock.

January 23, 2007 OH · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Eastern Ohio Coal Company, LLC · Struck against a moving object

Driving parts truck, he wrecked with vehicle on road. Driver of our truck not at fault.