What are Baca Pit's MSHA penalties?

Baca Pit has $23K in proposed MSHA penalties on record, with $100 currently outstanding across 5 contested dockets.

Baca Pit: 1 recorded fatality Metal/Non-Metal

Cal Mat Co · Surface

Controlled by Vulcan Materials Company

Algodones, Sandoval County, NM · Intermittent

MSHA Mine ID: 2901667

Baca Pit has $23K in proposed MSHA penalties and $100 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities: 1
Total incidents: 5
Years on record: 1993–2016
Latest incident: Apr 2016

Compliance record

MSHA citations since 2000

133

citations

significant & substantial

$22,662

proposed penalties

$21,381

paid to date

94% of proposed penalties paid to date, a $1,281 gap.

Source: MSHA violations data, updated weekly.

See Cal Mat Co's full MSHA compliance history →

Inspection activity

MSHA inspections since 2000

inspections on record

959

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: 959 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.

Section 107(a) orders

Most recent order: 2019-10-17.

On record since 2019.

Source: MSHA imminent-danger order records, updated weekly.

Penalty disposition

ⓘ

Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.

$23K

proposed penalties

$21K

current assessed

$21K

paid to date

$100

outstanding

126 assessments are final orders; 5 contested dockets.

Of $3K in penalties contested before the Commission, $2K was upheld in final decisions.

As of the most recent assessment on 2019-10-17.

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.

25.0%

significant & substantial

3.0%

high negligence or reckless

25.0%

reasonably likely or greater

62.9%

permanently disabling or fatal if injury occurs

Negligence coding: 0.0% none, 12.9% low, 84.1% moderate, 3.0% 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.

12 citations taken to the federal commission · 9% of citations on record

Settled 9 · 75%
Vacated or withdrawn 3 · 25%

50%

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 4 decided S&S contests · industry: 79%

45%

Penalty reduction in decided contests

$3K 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 2013-08-29.

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 2013-115M	Settlement	Lesnick	2014	$3K → $2K
CENT 2012-20M	Settlement	Lesnick	2012	$200 → $100
CENT20020295M	Default	Barbour	2002	$131 → $131
CENT 2010-1060M	Withdrawal	Lesnick	2011	$100 → $0
CENT 2013-690M	Withdrawal	Lesnick	2014	$100 → $0

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: 2019-05-22, 7 years ago

17%

of limit-tested samples over the exposure limit

samples

limit-tested

Most sampled contaminants

Quartz, respirable, >1% Qtz61 over
Respirable dust, <.1mg7
Unlisted Particulate, respirable, <1% Qtz1

Show the individual readings (14)

Date	Contaminant	Concentration	Limit	Conc / limit	Occupation
2007-05-22	Quartz, respirable, >1% Qtz	0.43	0.4	1.08	Laborer, Bullgang
2019-05-22	Respirable dust, <.1mg	0			Front-end Loader Operator
2019-05-22	Respirable dust, <.1mg	0			Backhoe Operator
2019-05-22	Respirable dust, <.1mg	0			Truck Driver
2010-06-09	Quartz, respirable, >1% Qtz	0.33	0.92	0.36	Bobcat Operator
2010-06-09	Respirable dust, <.1mg	0			Front-end Loader Operator
2010-06-09	Respirable dust, <.1mg	0			Washer Operator
2007-05-22	Quartz, respirable, >1% Qtz	0.13	0.58	0.22	Laborer, Bullgang
2007-05-22	Respirable dust, <.1mg	0			Crusher Oper/Worker
2007-05-22	Quartz, respirable, >1% Qtz	0.29	0.63	0.46	Crusher Oper/Worker
2004-06-23	Respirable dust, <.1mg	0			Truck Driver
2004-06-23	Unlisted Particulate, respirable, <1% Qtz	0.59			Front-end Loader Operator
2004-06-23	Quartz, respirable, >1% Qtz	0.2	0.65	0.31	Crusher Oper/Worker
2004-06-23	Quartz, respirable, >1% Qtz	0.21	0.59	0.36	Backhoe 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.

Injury rate, 2019

ⓘ

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 1.94 and the all-US-mining average was 2.32 cases per 100 workers.

In New Mexico, metal and nonmetal mining averaged 2.33 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
2019 *	0.00	0.00
2018 *	0.00	0.00
2017 *	0.00	0.00
2016 *	4.56	4.56
2015 *	0.00	0.00
2014 *	5.37	0.00
2013 *	8.32	0.00
2012 *	0.00	0.00

* 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

Frank Moser Contractor 1950 to 1983
Santa Ana Sand & Gravel 1983 to 1987
American Building Supply Inc 1987 to 1999
Waycor Materials, Inc. 1999 to 2015
Cal Mat Co 2015 to present

Source: MSHA controller and operator history, updated weekly.

Workforce and production

Year	Employees
2026	6
2025	2
2020	1
2019	12
2018	10
2017	8
2016	16
2015	15
2014	16
2013	16
2012	14
2011	12
2010	12
2009	15
2008	16
2007	20
2006	25
2005	17
2004	20
2003	19
2002	23
2001	19
2000	17

Source: MSHA quarterly employment and production, updated weekly.

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.

Sandoval County, New Mexico · Population 151,538

0.3%

Mining share of county employment

$84,053

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	4,847	0	0	0.0
2026 Q1	2,114	0	0	0.0
2025 Q4	489	0	0	0.0
2020 Q1	15	0	0	0.0
2019 Q4	7,201	2	1	277.7
2019 Q3	7,423	0	0	0.0
2019 Q2	7,286	2	1	274.5
2019 Q1	7,147	0	0	0.0

Show 76 earlier quarters

Quarter	Hours worked	Citations	S&S	Per 1M hrs
2018 Q4	6,384	1	0	156.6
2018 Q3	6,127	0	0	0.0
2018 Q2	6,699	0	0	0.0
2018 Q1	5,336	0	0	0.0
2017 Q4	3,559	0	0	0.0
2017 Q3	5,919	0	0	0.0
2017 Q2	4,150	0	0	0.0
2017 Q1	9,231	2	1	216.7
2016 Q4	9,627	0	0	0.0
2016 Q3	11,222	6	1	534.7
2016 Q2	11,899	0	0	0.0
2016 Q1	11,145	2	0	179.5
2015 Q4	11,511	0	0	0.0
2015 Q3	12,394	10	2	806.8
2015 Q2	8,515	0	0	0.0
2015 Q1	7,319	0	0	0.0
2014 Q4	8,307	0	0	0.0
2014 Q3	10,343	0	0	0.0
2014 Q2	9,592	4	1	417.0
2014 Q1	9,024	0	0	0.0
2013 Q4	7,627	0	0	0.0
2013 Q3	7,862	0	0	0.0
2013 Q2	7,483	0	0	0.0
2013 Q1	1,059	0	0	0.0
2012 Q4	4,304	0	0	0.0
2012 Q3	7,056	8	2	1133.8
2012 Q2	6,397	0	0	0.0
2012 Q1	3,220	0	0	0.0
2011 Q4	5,407	0	0	0.0
2011 Q3	6,340	1	0	157.7
2011 Q2	5,517	0	0	0.0
2011 Q1	3,419	2	0	585.0
2010 Q4	4,972	0	0	0.0
2010 Q3	6,356	0	0	0.0
2010 Q2	4,693	0	0	0.0
2010 Q1	2,672	1	0	374.3
2009 Q4	6,462	0	0	0.0
2009 Q3	7,471	3	1	401.6
2009 Q2	6,623	0	0	0.0
2009 Q1	5,794	3	0	517.8
2008 Q4	5,382	0	0	0.0
2008 Q3	7,593	0	0	0.0
2008 Q2	8,980	3	0	334.1
2008 Q1	9,577	0	0	0.0
2007 Q4	9,805	0	0	0.0
2007 Q3	11,410	0	0	0.0
2007 Q2	12,404	6	0	483.7
2007 Q1	12,599	0	0	0.0
2006 Q4	13,824	3	1	217.0
2006 Q3	16,790	0	0	0.0
2006 Q2	11,098	6	5	540.6
2006 Q1	11,882	4	0	336.6
2005 Q4	11,810	0	0	0.0
2005 Q3	10,790	0	0	0.0
2005 Q2	9,750	0	0	0.0
2005 Q1	8,017	2	1	249.5
2004 Q4	9,591	0	0	0.0
2004 Q3	11,027	0	0	0.0
2004 Q2	9,987	9	0	901.2
2004 Q1	13,174	0	0	0.0
2003 Q4	11,845	0	0	0.0
2003 Q3	10,689	0	0	0.0
2003 Q2	11,383	0	0	0.0
2003 Q1	9,846	7	1	710.9
2002 Q4	10,251	0	0	0.0
2002 Q3	12,208	7	1	573.4
2002 Q2	13,629	0	0	0.0
2002 Q1	12,119	0	0	0.0
2001 Q4	12,791	0	0	0.0
2001 Q3	10,961	6	3	547.4
2001 Q2	10,108	5	1	494.7
2001 Q1	10,129	0	0	0.0
2000 Q4	9,452	0	0	0.0
2000 Q3	10,881	0	0	0.0
2000 Q2	8,723	2	0	229.3
2000 Q1	5,623	12	6	2134.1

Fatalities at this mine

1 recorded

March 5, 1993 NM · Metal/Non-Metal outside foreman, leadman Fatality · MACHINERY

American Building Supply Inc · Caught in, under or between a moving and a stationary object

OPERATOR ERROR OPERA TOR DROVE TROO CLOSE TO EMBANKMENT CAUSING DOZER TO ROLL OFF EMBANKMENT

Reportable incidents

4 on file (excluding fatalities above)

2016 · 1 incident

April 19, 2016 NM · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON

Cal Mat Co · Fall onto or against objects

Employee alleges they were exiting PC 750 excavator supporting self with right forearm and missed a step falling against excavator.

2014 · 1 incident

October 17, 2014 NM · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY

Waycor Materials, Inc. · Struck against a moving object

Haul truck driver sustained back strain when excavator bucket jolted haul truck.

2013 · 1 incident

May 29, 2013 NM · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator FALLING/SLIDING/ROLLING MATERIALS

Waycor Materials, Inc. · Struck by falling object

Employee was checking the wear liner on crusher, when he bent down to lift inspection access door an angle iron fell on his shoulder/upper back.

1994 · 1 incident

December 2, 1994 NM · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS

American Building Supply Inc · Caught in, under or between (Not Elsewhere Classified)

WAS WORKING ON CRUSHER. HE WAS PULLING THE BELT TO TURN THE ROLLERS WHEN IT CAUGHT HIS LEFT RINGFINGER.

Watch this mine

Baca Pit has $23K in proposed MSHA penalties and $100 outstanding across 5 contested dockets.

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.

Baca Pit recorded 0.00 reportable injury cases per 100 full-time workers in 2019.

Baca Pit sits in Sandoval County, New Mexico, where the Census mining category is 0.3% of county employment.