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Bethlehem Sand and Gravel: 104 MSHA citations Metal/Non-Metal

Nugent Sand Co · Surface
New Washington, Clark County, IN  ·  Abandoned
MSHA Mine ID: 1202265

Bethlehem Sand and Gravel has $20K in proposed MSHA penalties and $311 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2002–2003
Latest incident
Jun 2003
Compliance record
MSHA citations since 2001
104
citations
37
significant & substantial
$19,901
proposed penalties
$19,093
paid to date
96% of proposed penalties paid to date, a $808 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
40
inspections on record
575
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: 575 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Bethlehem Sand and Gravel has $20K in proposed MSHA penalties and $311 outstanding across 3 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.
$20K
proposed penalties
$19K
current assessed
$19K
paid to date
$311
outstanding
104 assessments are final orders; 3 contested dockets.
Of $7K in penalties contested before the Commission, $7K was upheld in final decisions.
As of the most recent assessment on 2011-11-15.
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.
35.6%
significant & substantial
1.9%
high negligence or reckless
35.6%
reasonably likely or greater
49.0%
permanently disabling or fatal if injury occurs
Negligence coding: 1.0% none, 21.2% low, 76.0% moderate, 1.9% 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.
25 citations taken to the federal commission · 24% of citations on record
  • Settled 10 · 40%
  • Stood as issued 15 · 60%
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 9 decided S&S contests · industry: 79%
7%
Penalty reduction in decided contests
$7K proposed, $7K 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 2011-02-23.
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 2010-340M Settlement Paez 2011 $3K → $3K
LAKE 2009-517M Default Lesnick 2011 $2K → $2K
LAKE 2011-96M Default Lesnick 2011 $2K → $2K
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: 2007-03-14, 19 years ago
0%
of limit-tested samples over the exposure limit
3
samples
1
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz1
  • Respirable dust, <.1mg1
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (3)
Date Contaminant Concentration Limit Conc / limit Occupation
2007-03-14 Unlisted Particulate, respirable, <1% Qtz 0.22 Front-end Loader Operator
2007-03-14 Quartz, respirable, >1% Qtz 0.22 1.59 0.14 Washer Operator
2007-03-14 Respirable dust, <.1mg 0 Bulldozer 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.

Bethlehem Sand and Gravel recorded 0.00 reportable injury cases per 100 full-time workers in 2005.

Injury rate, 2005
ⓘ 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 3.76 and the all-US-mining average was 4.21 cases per 100 workers.
In Indiana, metal and nonmetal mining averaged 4.84 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
2005 * 0.00 0.00 0.000
2004 * 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. Bethlehem Sand & Gravel Co LLC 2000 to 2005
  2. Brooks Sand & Gravel LLC 2005 to 2006
  3. Johnson Construction Materials LLC 2006 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2011 7
2010 6
2009 6
2008 7
2007 8
2006 7
2005 9
2004 9
2003 8
2002 6
2001 5
2000 3
Source: MSHA quarterly employment and production, updated weekly.

Bethlehem Sand and Gravel sits in Clark County, Indiana, 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.
Clark County, Indiana · Population 122,800
0.1%
Mining share of county employment
$72,298
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
2011 Q3 4,418 0 0 0.0
2011 Q2 4,045 8 4 1977.8
2011 Q1 2,763 4 1 1447.7
2010 Q4 2,603 0 0 0.0
2010 Q3 2,122 0 0 0.0
2010 Q2 2,181 7 4 3209.5
2010 Q1 2,171 0 0 0.0
2009 Q4 3,023 10 4 3308.0
Show 35 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q3 2,794 0 0 0.0
2009 Q2 2,814 4 0 1421.5
2009 Q1 3,269 4 1 1223.6
2008 Q4 4,023 10 1 2485.7
2008 Q3 4,497 0 0 0.0
2008 Q2 4,435 4 1 901.9
2008 Q1 3,309 0 0 0.0
2007 Q4 3,633 0 0 0.0
2007 Q3 4,982 5 0 1003.6
2007 Q2 4,858 0 0 0.0
2007 Q1 3,717 6 1 1614.2
2006 Q4 3,407 0 0 0.0
2005 Q4 6,353 0 0 0.0
2005 Q3 5,242 1 0 190.8
2005 Q2 5,674 4 0 705.0
2005 Q1 3,969 0 0 0.0
2004 Q4 4,109 6 2 1460.2
2004 Q3 6,189 0 0 0.0
2004 Q2 5,854 1 0 170.8
2004 Q1 4,446 6 3 1349.5
2003 Q4 4,683 0 0 0.0
2003 Q3 5,102 0 0 0.0
2003 Q2 4,111 0 0 0.0
2003 Q1 3,535 0 0 0.0
2002 Q3 2,742 0 0 0.0
2002 Q2 4,448 1 0 224.8
2002 Q1 2,259 0 0 0.0
2001 Q4 3,771 1 0 265.2
2001 Q3 3,685 0 0 0.0
2001 Q2 3,085 8 7 2593.2
2001 Q1 2,831 0 0 0.0
2000 Q4 2,780 0 0 0.0
2000 Q3 2,737 0 0 0.0
2000 Q2 200 0 0 0.0
2000 Q1 240 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2003 · 1 incident

2002 · 2 incidents

July 12, 2002 IN · Metal/Non-Metal mine manager, mine foreman, mine owner HANDLING OF MATERIALS
Bethlehem Sand & Gravel Co LLC · Over-exertion in lifting objects

WAS INSTALLING NEW SAND SCREW-HELPING SET LEGS AND PULLED MUSCLES IN LOWER STOMACH. THIS ACCIDENT WAS NOT A REPORTABLE OR LOST TIME UNTIL THE WEEK OF 9-9-02.

June 14, 2002 IN · Metal/Non-Metal barge/boat/dredge/towbarge/towboat/leach operator, riverman, deck hand HANDLING OF MATERIALS
Bethlehem Sand & Gravel Co LLC · Over-exertion (Not Elsewhere Classified)

EE WAS PUMPING BARGES AND WHILE MOVING PUMP HE PULLED A MUSCLE IN HIS LOWER BACK.