Mining Incidents

Austin Aggregates 973 Plant: 80 MSHA citations Metal/Non-Metal

APAC Texas, Inc. · Surface
Controlled by CRH PLC
Austin, Travis County, TX  ·  Abandoned
MSHA Mine ID: 4104124

Austin Aggregates 973 Plant has $10K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2000–2011
Latest incident
Jul 2011
Compliance record
MSHA citations since 2001
80
citations
9
significant & substantial
$9,963
proposed penalties
$8,577
paid to date
86% of proposed penalties paid to date, a $1,386 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
36
inspections on record
455
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: 455 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Austin Aggregates 973 Plant has $10K in proposed MSHA penalties and $0 outstanding across 4 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.
$10K
proposed penalties
$9K
current assessed
$9K
paid to date
$0
outstanding
79 assessments are final orders; 4 contested dockets.
Of $2K in penalties contested before the Commission, $907 was upheld in final decisions.
As of the most recent assessment on 2012-11-06.
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.
11.4%
significant & substantial
5.1%
high negligence or reckless
11.4%
reasonably likely or greater
40.5%
permanently disabling or fatal if injury occurs
Negligence coding: 2.5% none, 24.1% low, 68.4% moderate, 5.1% 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%
  • Stood as issued 1 · 11%
43%
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%
60%
Penalty reduction in decided contests
$2K proposed, $907 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 2012-08-07.
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
CENT 2012-794M Settlement Lesnick 2013 $1K → $707
CENT 2007-239M Dismissal Bulluck 2008 $629 → $0
CENT 2010-1266M Settlement Lesnick 2011 $460 → $100
CENT 2010-749M Settlement Lesnick 2011 $176 → $100
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: 2010-03-24, 16 years ago
0%
of limit-tested samples over the exposure limit
6
samples
2
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg4
  • Arsenic fumes1
  • Beryllium fumes1
  • Cadmium oxide fumes1
Show the individual readings (18)
Date Contaminant Concentration Limit Conc / limit Occupation
2010-03-24 Zinc oxide fumes 0 10 0.00 Welder, etc.
2010-03-24 Manganese fumes 0.03 5 0.01 Welder, etc.
2010-03-24 Molybdenum fumes 0 20 0.00 Welder, etc.
2010-03-24 Nickel fumes 0 3 0.00 Welder, etc.
2010-03-24 Vanadium fumes 0 50 0.00 Welder, etc.
2010-03-24 Arsenic fumes 0 1500 0.00 Welder, etc.
2010-03-24 Beryllium fumes 0 6 0.00 Welder, etc.
2010-03-24 Cadmium oxide fumes 0 100 0.00 Welder, etc.
2010-03-24 Chromium, insoluble 0 3 0.00 Welder, etc.
2010-03-24 Cobalt fumes 0 300 0.00 Welder, etc.
2010-03-24 Copper fumes 2.94 300 0.01 Welder, etc.
2010-03-24 Iron oxide fumes 0.21 20 0.01 Welder, etc.
2010-03-24 Lead fumes 6.27 450 0.01 Welder, etc.
2010-03-24 Magnesium oxide fumes 0 20 0.00 Welder, etc.
2004-04-15 Respirable dust, <.1mg 0 Truck Driver
2004-04-15 Respirable dust, <.1mg 0 Utility Man
2004-04-15 Respirable dust, <.1mg 0 Utility Man
2004-04-15 Respirable dust, <.1mg 0 Front-end Loader 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.

Austin Aggregates 973 Plant recorded 0.00 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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 2.48 and the all-US-mining average was 2.96 cases per 100 workers.
In Texas, metal and nonmetal mining averaged 2.82 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
2012 * 0.00 0.00 0.000
2011 * 4.51 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 0.00 0.00 0.000
2007 0.00 0.00 0.000
2006 1.86 0.00 0.000
2005 * 2.20 2.20 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. Shumaker Enterprises Inc. 1999 to 2011
  2. APAC Texas, Inc. 2011 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2013 5
2012 15
2011 20
2010 31
2009 46
2008 63
2007 54
2006 42
2005 33
2004 32
2003 28
2002 25
2001 25
2000 9
Source: MSHA quarterly employment and production, updated weekly.

Austin Aggregates 973 Plant sits in Travis County, Texas, where the Census mining category is 0.4% 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.
Travis County, Texas · Population 1,307,625
0.4%
Mining share of county employment
$97,169
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
2013 Q1 1,383 0 0 0.0
2012 Q4 2,986 2 2 669.8
2012 Q3 11,517 0 0 0.0
2012 Q2 13,715 6 1 437.5
2012 Q1 12,092 4 1 330.8
2011 Q4 10,082 0 0 0.0
2011 Q3 11,337 0 0 0.0
2011 Q2 12,374 2 0 161.6
Show 45 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q1 10,540 0 0 0.0
2010 Q4 15,800 2 0 126.6
2010 Q3 16,161 0 0 0.0
2010 Q2 17,825 7 0 392.7
2010 Q1 17,245 3 1 174.0
2009 Q4 20,788 0 0 0.0
2009 Q3 24,820 4 0 161.2
2009 Q2 24,880 0 0 0.0
2009 Q1 24,465 4 1 163.5
2008 Q4 34,161 0 0 0.0
2008 Q3 36,847 0 0 0.0
2008 Q2 35,704 3 0 84.0
2008 Q1 32,946 0 0 0.0
2007 Q4 34,560 1 0 28.9
2007 Q3 35,882 0 0 0.0
2007 Q2 33,983 0 0 0.0
2007 Q1 31,139 7 1 224.8
2006 Q4 24,077 0 0 0.0
2006 Q3 27,651 3 0 108.5
2006 Q2 29,959 0 0 0.0
2006 Q1 26,043 2 0 76.8
2005 Q4 24,566 0 0 0.0
2005 Q3 24,141 3 0 124.3
2005 Q2 21,867 0 0 0.0
2005 Q1 20,494 0 0 0.0
2004 Q4 19,939 6 0 300.9
2004 Q3 27,684 0 0 0.0
2004 Q2 20,843 1 0 48.0
2004 Q1 20,873 0 0 0.0
2003 Q4 21,646 4 0 184.8
2003 Q3 20,545 2 0 97.3
2003 Q2 19,867 0 0 0.0
2003 Q1 16,614 2 0 120.4
2002 Q4 16,294 0 0 0.0
2002 Q3 17,222 3 0 174.2
2002 Q2 15,173 0 0 0.0
2002 Q1 15,195 0 0 0.0
2001 Q4 15,472 0 0 0.0
2001 Q3 18,226 3 0 164.6
2001 Q2 17,362 5 2 288.0
2001 Q1 16,127 0 0 0.0
2000 Q4 11,216 0 0 0.0
2000 Q3 5,276 0 0 0.0
2000 Q2 5,516 0 0 0.0
2000 Q1 2,896 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2011 · 1 incident

July 14, 2011 TX · Metal/Non-Metal outside foreman, leadman HANDLING OF MATERIALS
APAC Texas, Inc. · Struck against stationary object

While welding on a chute the miner leaned up against a tail pulley guard to steady himself to strike an arc. When he put all his weight onto his forearm he was punctured with a sharp rock that was on the guard. the cut required three stitches.

2006 · 1 incident

May 8, 2006 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Shumaker Enterprises Inc. · Fall from ladders

EE was on 8ft ladder with a hammer trying to dis- loge sand on a 12" pipe & fell to ground lost balance.

2005 · 1 incident

2002 · 2 incidents

June 4, 2002 TX · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Shumaker Enterprises Inc. · Struck by flying object

WAS CHIPPING OUT A PULLEY OUT OF BULLDOZER TRACK. A PIECE METAL BROKE AND FLEW AND STRUCK HIS LEFT ARM.

March 29, 2002 TX · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Shumaker Enterprises Inc. · Over-exertion (Not Elsewhere Classified)

STEPPED OFF MACHINE AND LANDED ON SOFT SPOT AND HER RIGHT KNEE POPPED. HAS SPRAINED LIGAMENT OF KNEE.

2001 · 2 incidents

August 15, 2001 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Shumaker Enterprises Inc. · Over-exertion in lifting objects

HE WAS TO GUIDE SOME IRON BEAMS WHEN BEING PICKED UP BY THE LOADER, AND HE PULLED AT IT, LIFTING IT, PULLING MUSCLE ON LEFT LEG & LOWER BACK.

March 3, 2001 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Shumaker Enterprises Inc. · Fall from machine

EE WAS CLEARING OFF CONVEYOR THAT WAS DE-ENERGIZED AND LOCKED OUT WHEN THE CONVEYOR ROLLED BACKWARDS AND CAUSED HIM TO FALL ON THE BELT BRUISINGHIS HIP.

2000 · 1 incident

October 26, 2000 TX · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Shumaker Enterprises Inc. · Over-exertion (Not Elsewhere Classified)

STEPPING OFF DOZER & TWISTED LEFT KNEE & ANKLE CRACKED IT BETWEEN KNEE & ANKLE