Mining Incidents

Bay Road Plant #7: 21 MSHA citations Metal/Non-Metal

Pennsy Supply Inc · Surface
Controlled by CRH PLC
Dover, Kent County, DE  ·  Active
MSHA Mine ID: 0700059

Bay Road Plant #7 has $4K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
1989–2017
Latest incident
Feb 2017
Compliance record
MSHA citations since 2003
21
citations
6
significant & substantial
$4,327
proposed penalties
$4,327
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
54
inspections on record
711
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: 711 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Bay Road Plant #7 has $4K in proposed MSHA penalties and $0 outstanding across 1 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.
$4K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
21 assessments are final orders; 1 contested dockets.
Of $1K in penalties contested before the Commission, $0 was upheld in final decisions.
As of the most recent assessment on 2026-05-05.
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.
28.6%
significant & substantial
9.5%
high negligence or reckless
28.6%
reasonably likely or greater
28.6%
permanently disabling or fatal if injury occurs
Negligence coding: 4.8% none, 28.6% low, 57.1% moderate, 9.5% 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.
5 citations taken to the federal commission · 24% of citations on record
  • Vacated or withdrawn 5 · 100%
0%
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 3 decided S&S contests · industry: 79%
100%
Penalty reduction in decided contests
$1K proposed, $0 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 2017-10-15.
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.
Docket Decision Judge Year Proposed / upheld
YORK 2018-0004 Vacate Rae 2019 $1K → $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: 2026-05-06
6
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg6
Show the individual readings (6)
Date Contaminant Concentration Limit Conc / limit Occupation
2026-05-06 Respirable dust, <.1mg 0 Front-end Loader Operator
2022-10-12 Respirable dust, <.1mg 0 Front-end Loader Operator
2022-10-12 Respirable dust, <.1mg 0 Washer Operator
2014-05-01 Respirable dust, <.1mg 0 Utility Man
2014-05-01 Respirable dust, <.1mg 0 Utility Man
2014-05-01 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.

Bay Road Plant #7 recorded 16.15 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
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.
16.15
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 3.41 and the all-US-mining average was 3.91 cases per 100 workers.
In Delaware, metal and nonmetal mining averaged 5.93 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
2006 * 16.15 0.00 0.000
2005 * 9.14 0.00 0.000
2004 * 0.00 0.00 0.000
2003 * 15.31 15.31 0.000
2002 * 7.28 7.28 0.000
2001 * 7.59 7.59 0.000
2000 * 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. Dover Equipment & Machine Company 1950 to 1994
  2. Tilcon Delaware Inc 1994 to 1996
  3. Tilcon Delaware 1996 to 2004
  4. Pennsy Supply Inc 2004 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 2
2025 4
2024 7
2023 5
2022 7
2021 7
2020 6
2019 7
2018 8
2017 7
2016 7
2015 7
2014 7
2013 5
2012 4
2011 7
2010 7
2008 5
2007 7
2006 10
2005 11
2004 10
2003 11
2002 12
2001 12
2000 14
Source: MSHA quarterly employment and production, updated weekly.

Bay Road Plant #7 sits in Kent County, Delaware, where the Census mining category is 0.0% 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.
Kent County, Delaware · Population 185,043
0.0%
Mining share of county employment
$72,872
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 507 1 0 1972.4
2026 Q1 566 0 0 0.0
2025 Q4 1,681 0 0 0.0
2025 Q3 1,048 0 0 0.0
2025 Q2 1,809 0 0 0.0
2025 Q1 2,387 0 0 0.0
2024 Q4 3,552 0 0 0.0
2024 Q3 4,190 0 0 0.0
Show 92 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,911 1 0 255.7
2024 Q1 3,203 0 0 0.0
2023 Q4 3,180 0 0 0.0
2023 Q3 2,225 0 0 0.0
2023 Q2 2,565 0 0 0.0
2023 Q1 2,536 0 0 0.0
2022 Q4 4,410 0 0 0.0
2022 Q3 3,245 0 0 0.0
2022 Q2 2,749 0 0 0.0
2022 Q1 2,459 0 0 0.0
2021 Q4 2,933 0 0 0.0
2021 Q3 1,896 0 0 0.0
2021 Q2 4,433 0 0 0.0
2021 Q1 3,380 0 0 0.0
2020 Q4 2,961 0 0 0.0
2020 Q3 1,991 0 0 0.0
2020 Q2 1,489 0 0 0.0
2020 Q1 2,570 0 0 0.0
2019 Q4 2,998 0 0 0.0
2019 Q3 3,804 0 0 0.0
2019 Q2 1,148 0 0 0.0
2019 Q1 2,854 0 0 0.0
2018 Q4 4,380 0 0 0.0
2018 Q3 4,246 3 2 706.5
2018 Q2 4,085 0 0 0.0
2018 Q1 3,905 3 2 768.2
2017 Q4 3,826 0 0 0.0
2017 Q3 3,503 0 0 0.0
2017 Q2 3,886 0 0 0.0
2017 Q1 3,528 0 0 0.0
2016 Q4 3,450 0 0 0.0
2016 Q3 4,397 0 0 0.0
2016 Q2 3,151 1 0 317.4
2016 Q1 3,686 0 0 0.0
2015 Q4 4,162 1 1 240.3
2015 Q3 567 0 0 0.0
2015 Q2 4,640 0 0 0.0
2015 Q1 3,310 1 1 302.1
2014 Q4 4,721 0 0 0.0
2014 Q3 4,876 0 0 0.0
2014 Q2 3,170 1 0 315.5
2014 Q1 3,570 0 0 0.0
2013 Q4 3,770 0 0 0.0
2013 Q3 1,935 0 0 0.0
2013 Q2 2,510 0 0 0.0
2013 Q1 1,614 0 0 0.0
2012 Q4 525 0 0 0.0
2012 Q3 936 0 0 0.0
2012 Q2 3,263 0 0 0.0
2012 Q1 2,893 0 0 0.0
2011 Q4 3,457 1 0 289.3
2011 Q3 4,019 0 0 0.0
2011 Q2 3,571 0 0 0.0
2011 Q1 2,726 0 0 0.0
2010 Q4 3,007 1 0 332.6
2010 Q3 3,076 1 0 325.1
2010 Q2 2,409 0 0 0.0
2008 Q4 3,516 1 0 284.4
2008 Q3 240 0 0 0.0
2008 Q1 1,269 0 0 0.0
2007 Q4 2,708 0 0 0.0
2007 Q3 5,141 1 0 194.5
2007 Q2 5,574 0 0 0.0
2007 Q1 6,105 0 0 0.0
2006 Q4 6,514 0 0 0.0
2006 Q3 3,940 0 0 0.0
2006 Q2 7,072 0 0 0.0
2006 Q1 7,242 0 0 0.0
2005 Q4 6,154 0 0 0.0
2005 Q3 5,264 0 0 0.0
2005 Q2 5,576 0 0 0.0
2005 Q1 4,879 0 0 0.0
2004 Q4 7,214 0 0 0.0
2004 Q3 5,772 0 0 0.0
2004 Q2 5,761 0 0 0.0
2004 Q1 5,258 0 0 0.0
2003 Q4 7,588 1 0 131.8
2003 Q3 7,074 0 0 0.0
2003 Q2 6,784 0 0 0.0
2003 Q1 4,689 2 0 426.5
2002 Q4 8,737 0 0 0.0
2002 Q3 6,680 0 0 0.0
2002 Q2 5,897 0 0 0.0
2002 Q1 6,159 0 0 0.0
2001 Q4 6,371 0 0 0.0
2001 Q3 7,416 0 0 0.0
2001 Q2 6,069 0 0 0.0
2001 Q1 6,509 0 0 0.0
2000 Q4 6,629 0 0 0.0
2000 Q3 9,789 0 0 0.0
2000 Q2 8,846 0 0 0.0
2000 Q1 8,371 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

15 on file

2017 · 1 incident

February 16, 2017 DE · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator POISONING (TOXIC MATERIALS)
Pennsy Supply Inc · Inhalation of radiations, caustics, toxic and noxious substances

Employee claims to have been exposed to lead fumes while cutting washers/bolts

2006 · 2 incidents

December 21, 2006 DE · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Pennsy Supply Inc · Unclassified, insufficient data

He decided to wash the pontoons on the dredge. He put Dawn liquid in a spray bottle, when he added the water it splashed in his R eye.

May 5, 2006 DE · Metal/Non-Metal assayer, geologist, metallurgist, engineer, engineer management HANDTOOLS (NONPOWERED)
Pennsy Supply Inc · Struck by... (Not Elsewhere Classified)

In pump room of dredge taking bell housing off of the PTO. The housing was stuck on the shaft so they used a portapower to remove it. The housing suddenly shot off of the shaft about 8" striking the employees right hand.

2005 · 1 incident

December 22, 2005 DE · Metal/Non-Metal outside foreman, leadman HANDTOOLS (NONPOWERED)
Pennsy Supply Inc · Struck by... (Not Elsewhere Classified)

Employee was using a razor knife to cut tape. Knife slipped into the palm of his hand.

2003 · 2 incidents

August 8, 2003 DE · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand HANDLING OF MATERIALS
Tilcon Delaware · Over-exertion (Not Elsewhere Classified)

SLIDING PUMP FROM WORK BOAT TO DREDGE, HE HAD SEVERE PAIN IN SIDE AND BACK. HAD HARD TIME BREATHING. BROKEN RIB.

February 4, 2003 DE · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Tilcon Delaware · Fall onto or against objects

WHILE CLEANING MATERIAL FROM INSIDE LOG WASHER, EE STEPPED ON SHAFT TO CLIMB OVER SIDE WHEN HE SLIPPED ON SHAFT FALLING ON SHANKS OF LOG WASHER. L-CHEST WALL CONTUSION.

2002 · 1 incident

January 14, 2002 DE · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator STRIKING OR BUMPING
Tilcon Delaware · Struck against stationary object

EE WAS DOING MAINTENANCE IN A SQUATTING POSITION WHEN HE WENT TO STAND UP HE STRUCK HIS HEAD (WHILE WEARING HARD HAT.) THIS ACCIDENT WAS NOT REPORTED UNTIL 1/21/02 AT THAT TIME HE SAID HE HAD RUPTURED A DISC.

2001 · 1 incident

November 1, 2001 DE · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand MACHINERY
Tilcon Delaware · Struck by... (Not Elsewhere Classified)

THERE IS A 5/8" STEEL CABLE ATTACHED TO A WENCH ON EACH SIDE OF THE FRONT OF THE DREDGE. THESE CABLES ARE ANCHORED ON SHORE. THEY ARE USED TO MOVE/POSITION THE DREDGE. THE CABLES ARE SUPPORTED ON A FLAT AT A POINT ABOUT MIDWAY BETWEEN DREDGE AND THE SHORE. THE FLATS ARE MADE OF TWO 500 GALLON PROPANE TANKS FASTENED TOGETHER WITH METAL BRACES. ONE OF THE CABLES WAS TIGHTEN TO FACILI

1997 · 1 incident

September 3, 1997 DE · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Tilcon Delaware · Fall from machine

THE EMPLOYEE CLIMBED ON FRAME WORK TO CHECK OIL LEVER IN TWO MASON SCREW REDUCERS. HE SLIPPED AND FELL TO THE GROUND. HE SUFFERED A CHIP FRACTURE OF LEFT ELBOW AND A CONTUSION OF LEFT LEG. HE DID NOT USE AVAILABLE LADDER.

1992 · 1 incident

February 11, 1992 DE · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Dover Equipment & Machine Company · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS CUTTING A PIECE OF RUBBER HOSE WITH A KNIFE.

1990 · 4 incidents

October 20, 1990 DE · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand MACHINERY
Dover Equipment & Machine Company · Struck by falling object

EMPL WAS DRILLING HOLE IN SIDE OF SCREEN DECK. MAGNATE DRILL GOT UNPLUG & FELL THREE FEET ON EMPLS RIGHT FOOT.

April 2, 1990 DE · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand HANDLING OF MATERIALS
Dover Equipment & Machine Company · Struck by... (Not Elsewhere Classified)

HE WAS SLIDING DOWN SIDE OF PIPE TO OPEN WINDOW & A SLIVER OF METAL WENT INTO LEFT LEG

1989 · 1 incident