Mining Incidents

BROE PIT: 45 MSHA citations Metal/Non-Metal

Controlled by Emil J Galasso
MILFORD, Otsego County, NY  ·  Intermittent
MSHA Mine ID: 3002416

BROE PIT has $8K in proposed MSHA penalties and $151 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
7
Years on record
1985–2008
Latest incident
May 2008
Compliance record
MSHA citations since 2002
45
citations
5
significant & substantial
$7,744
proposed penalties
$7,535
paid to date
97% of proposed penalties paid to date, a $209 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
26
inspections on record
293
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: 293 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

BROE PIT has $8K in proposed MSHA penalties and $151 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.
$8K
proposed penalties
$8K
current assessed
$8K
paid to date
$151
outstanding
44 assessments are final orders; 1 contested dockets.
Of $569 in penalties contested before the Commission, $511 was upheld in final decisions.
As of the most recent assessment on 2025-07-24.
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.
11.1%
significant & substantial
8.9%
high negligence or reckless
11.1%
reasonably likely or greater
48.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.6% low, 75.6% moderate, 8.9% 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.
4 citations taken to the federal commission · 9% of citations on record
  • Settled 3 · 75%
  • Still open 1 · 25%
33%
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%
10%
Penalty reduction in decided contests
$569 proposed, $511 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 2025-09-09.
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 2025-0112 Settlement 2026 $569 → $511
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: 2009-06-03, 17 years ago
6
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg5
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (6)
Date Contaminant Concentration Limit Conc / limit Occupation
2009-06-03 Respirable dust, <.1mg 0 Front-end Loader Operator
2009-06-03 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2009-06-03 Respirable dust, <.1mg 0 Utility Man
2002-03-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2002-03-27 Unlisted Particulate, respirable, <1% Qtz 0.13 Laborer, Bullgang
2002-03-27 Respirable dust, <.1mg 0 Laborer, Bullgang
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.
Ownership history
  1. John M Robertson Inc 1979 to 1990
  2. Robertson Construction Materials 1990 to 1994
  3. Cobleskill Stone Products Inc 1994 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 4
2025 5
2024 4
2023 4
2022 4
2015 1
2014 1
2013 1
2012 2
2011 3
2010 3
2009 3
2008 6
2007 7
2006 6
2005 4
2004 4
2003 6
2002 5
2001 5
2000 4
Source: MSHA quarterly employment and production, updated weekly.

BROE PIT sits in Otsego County, New York, 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.
Otsego County, New York · Population 59,738
0.0%
Mining share of county employment
$67,086
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 3,547 0 0 0.0
2026 Q1 0 0 0
2025 Q3 4,386 9 2 2052.0
2025 Q2 3,759 0 0 0.0
2025 Q1 233 0 0 0.0
2024 Q4 1,996 0 0 0.0
2024 Q3 3,509 0 0 0.0
2024 Q2 3,257 0 0 0.0
Show 71 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 109 0 0 0.0
2023 Q4 1,522 1 0 657.0
2023 Q3 3,694 1 0 270.7
2023 Q2 1,530 0 0 0.0
2023 Q1 38 0 0 0.0
2022 Q4 907 0 0 0.0
2022 Q3 2,253 0 0 0.0
2022 Q2 2,081 0 0 0.0
2015 Q3 60 0 0 0.0
2015 Q2 79 0 0 0.0
2015 Q1 0 0 0
2014 Q4 28 0 0 0.0
2014 Q3 66 0 0 0.0
2014 Q2 81 0 0 0.0
2014 Q1 3 0 0 0.0
2013 Q4 57 0 0 0.0
2013 Q3 70 0 0 0.0
2013 Q2 218 2 0 9174.3
2013 Q1 0 0 0
2012 Q4 157 0 0 0.0
2012 Q3 757 7 1 9247.0
2012 Q2 1,498 0 0 0.0
2012 Q1 30 0 0 0.0
2011 Q4 284 0 0 0.0
2011 Q3 1,498 0 0 0.0
2011 Q2 2,019 0 0 0.0
2011 Q1 474 0 0 0.0
2010 Q4 866 5 1 5773.7
2010 Q3 2,339 0 0 0.0
2010 Q2 1,866 0 0 0.0
2010 Q1 146 0 0 0.0
2009 Q4 1,114 3 1 2693.0
2009 Q3 2,020 0 0 0.0
2009 Q2 1,357 5 0 3684.6
2009 Q1 18 0 0 0.0
2008 Q4 807 0 0 0.0
2008 Q3 2,864 0 0 0.0
2008 Q2 2,450 5 0 2040.8
2008 Q1 375 0 0 0.0
2007 Q4 1,688 0 0 0.0
2007 Q3 3,499 1 0 285.8
2007 Q2 2,661 3 0 1127.4
2007 Q1 8 0 0 0.0
2006 Q4 1,347 0 0 0.0
2006 Q3 4,352 0 0 0.0
2006 Q2 3,717 0 0 0.0
2006 Q1 1,785 0 0 0.0
2005 Q4 2,699 1 0 370.5
2005 Q3 5,009 0 0 0.0
2005 Q2 2,239 1 0 446.6
2005 Q1 190 0 0 0.0
2004 Q4 1,810 0 0 0.0
2004 Q3 2,849 0 0 0.0
2004 Q2 2,608 0 0 0.0
2004 Q1 206 0 0 0.0
2003 Q4 1,870 0 0 0.0
2003 Q3 3,088 0 0 0.0
2003 Q2 1,841 0 0 0.0
2003 Q1 845 0 0 0.0
2002 Q4 2,184 0 0 0.0
2002 Q3 4,324 0 0 0.0
2002 Q2 4,241 0 0 0.0
2002 Q1 937 1 0 1067.2
2001 Q4 2,391 0 0 0.0
2001 Q3 3,719 0 0 0.0
2001 Q2 3,013 0 0 0.0
2001 Q1 993 0 0 0.0
2000 Q4 2,175 0 0 0.0
2000 Q3 4,457 0 0 0.0
2000 Q2 2,285 0 0 0.0
2000 Q1 569 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

7 on file

2008 · 1 incident

May 19, 2008 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OCCUPATIONAL SKIN DISEASES
Cobleskill Stone Products Inc · Absorption of radiations, caustics, toxic and noxious substances

While removing weeds in pit EE came into contact with poison ivy causing a rash on hands.

2007 · 1 incident

2006 · 1 incident

August 21, 2006 NY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Cobleskill Stone Products Inc · Fall from ladders

While standing on step ladder fueling a tank. Step broke causing ee to land on his feet (hard) on the ground, injuring knee.

2000 · 1 incident

September 28, 2000 NY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Unknown operator · Fall to the walkway or working surface

EE TRIPPED AND FELL OVER A HOSE, LANDING ON CATWALK, RESULTING IN A SCRAPED LEFT KNEE AND ARM. THE CATWALK WAS FOR THE TELSMITH WASH PLANT.

1995 · 1 incident

February 21, 1995 NY · Metal/Non-Metal outside foreman, leadman SLIP OR FALL OF PERSON
Cobleskill Stone Products Inc · Fall from scaffolds, walkways, platforms

EMPLOYEE STEPPED ON A PIECE OF CATWALK, THE BOLT BROKE. EMPLOYEE FELL TO THE GROUND 13' BELOW, BREAKING LEFT WRIST.

1985 · 2 incidents

July 25, 1985 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
John M Robertson Inc · Fall from machine

SLIPPED OFF STEP OF LOADER AND INJURE ANKLE

July 24, 1985 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
John M Robertson Inc · Over-exertion (Not Elsewhere Classified)

WALKED ALONG GRAVEL PIT AND TRIPPED ON STONE