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City Pit: 100 MSHA citations Metal/Non-Metal

Controlled by Frank Foley
Montgomery, Montgomery County, AL  ·  Active
MSHA Mine ID: 0103084

City Pit has $14K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
7
Years on record
2005–2025
Latest incident
Oct 2025
Compliance record
MSHA citations since 2000
100
citations
31
significant & substantial
$13,594
proposed penalties
$13,359
paid to date
98% of proposed penalties paid to date, a $235 gap.
Source: MSHA violations data, updated weekly.
See Foley Materials Company's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
53
inspections on record
598
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: 598 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

City Pit has $14K in proposed MSHA penalties and $0 outstanding across 2 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.
$14K
proposed penalties
$13K
current assessed
$13K
paid to date
$0
outstanding
99 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2026-02-11.
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.
31.3%
significant & substantial
1.0%
high negligence or reckless
31.3%
reasonably likely or greater
51.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 21.2% low, 77.8% moderate, 1.0% 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.
11 citations taken to the federal commission · 11% of citations on record
  • Settled 11 · 100%
67%
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%
15%
Penalty reduction in decided contests
$2K proposed, $1K 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 2017-10-16.
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
SE 2017-0134 Settlement Paez 2017 $1K → $848
SE 2018-0004 Settlement Miller 2018 $464 → $464
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: 2026-07-22
0%
of limit-tested samples over the exposure limit
19
samples
6
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg10
  • Quartz, respirable, >1% Qtz8
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (19)
Date Contaminant Concentration Limit Conc / limit Occupation
2026-07-22 Respirable dust, <.1mg 0 Backhoe Operator
2026-07-22 Respirable dust, <.1mg 0 Truck Driver
2026-07-22 Respirable dust, <.1mg 0 Front-end Loader Operator
2022-09-28 Quartz, respirable, >1% Qtz 0.15 Dry Screen Plant Operator
2022-09-28 Quartz, respirable, >1% Qtz 0.15 0.52 0.29 Truck Driver
2022-09-28 Quartz, respirable, >1% Qtz 0.42 Backhoe Operator
2020-06-19 Respirable dust, <.1mg 0 Front-end Loader Operator
2020-06-19 Respirable dust, <.1mg 0 Mechanic
2020-06-19 Respirable dust, <.1mg 0 Truck Driver
2020-06-19 Respirable dust, <.1mg 0 Utility Man
2005-11-17 Respirable dust, <.1mg 0 Mechanic
2005-11-17 Respirable dust, <.1mg 0 Washer Operator
2005-11-17 Quartz, respirable, >1% Qtz 0.13 1.18 0.11 Front-end Loader Operator
2005-11-17 Unlisted Particulate, respirable, <1% Qtz 0.12 Backhoe Operator
2005-11-17 Quartz, respirable, >1% Qtz 0.33 0.96 0.34 Truck Driver
2000-10-31 Quartz, respirable, >1% Qtz 0.3 0.68 0.44 Truck Driver
2000-10-31 Quartz, respirable, >1% Qtz 0.64 0.8 0.80 Truck Driver
2000-10-31 Respirable dust, <.1mg 0 Belt Cleaner
2000-10-31 Quartz, respirable, >1% Qtz 0.26 0.63 0.41 Truck Driver
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.

City Pit recorded 9.89 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
ⓘ 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.
9.89
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 1.65 and the all-US-mining average was 1.97 cases per 100 workers.
In Alabama, metal and nonmetal mining averaged 1.52 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
2025 * 9.89 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 6.82 6.82 0.000
2020 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
2016 * 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. Montgomery Materials Company Inc 1996 to 2002
  2. Montgomery Materials 2002 to 2003
  3. Concrete Company 2003 to 2005
  4. Foley Materials Company 2005 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 10
2025 9
2024 3
2023 13
2022 12
2021 11
2020 11
2019 12
2018 9
2017 9
2016 8
2015 7
2014 3
2006 6
2005 8
2004 8
2003 10
2002 19
2001 21
2000 21
Source: MSHA quarterly employment and production, updated weekly.

City Pit sits in Montgomery County, Alabama, 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.
Montgomery County, Alabama · Population 227,197
0.0%
Mining share of county employment
$58,153
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 6,833 0 0 0.0
2026 Q1 6,118 2 1 326.9
2025 Q4 5,444 1 1 183.7
2025 Q3 5,566 0 0 0.0
2025 Q2 4,789 5 2 1044.1
2025 Q1 4,426 0 0 0.0
2024 Q4 2,166 0 0 0.0
2024 Q3 663 0 0 0.0
Show 67 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 1,801 0 0 0.0
2024 Q1 795 0 0 0.0
2023 Q4 5,777 0 0 0.0
2023 Q3 8,878 0 0 0.0
2023 Q2 8,292 4 1 482.4
2023 Q1 8,336 3 1 359.9
2022 Q4 8,098 0 0 0.0
2022 Q3 7,088 2 1 282.2
2022 Q2 6,628 1 0 150.9
2022 Q1 6,849 3 1 438.0
2021 Q4 7,951 0 0 0.0
2021 Q3 8,031 1 0 124.5
2021 Q2 7,249 0 0 0.0
2021 Q1 6,105 0 0 0.0
2020 Q4 6,152 2 0 325.1
2020 Q3 8,714 0 0 0.0
2020 Q2 7,502 0 0 0.0
2020 Q1 7,320 0 0 0.0
2019 Q4 8,129 3 1 369.0
2019 Q3 8,433 1 1 118.6
2019 Q2 10,199 0 0 0.0
2019 Q1 5,457 0 0 0.0
2018 Q4 5,899 0 0 0.0
2018 Q3 6,652 1 0 150.3
2018 Q2 5,694 0 0 0.0
2018 Q1 5,118 2 0 390.8
2017 Q4 1,743 0 0 0.0
2017 Q3 4,903 4 1 815.8
2017 Q2 5,075 0 0 0.0
2017 Q1 3,998 7 1 1750.9
2016 Q4 5,595 0 0 0.0
2016 Q3 6,408 4 2 624.2
2016 Q2 5,539 0 0 0.0
2016 Q1 4,309 3 0 696.2
2015 Q4 3,692 0 0 0.0
2015 Q3 5,199 2 1 384.7
2015 Q2 3,745 0 0 0.0
2015 Q1 2,355 6 1 2547.8
2014 Q4 1,143 0 0 0.0
2014 Q3 2,978 1 1 335.8
2014 Q2 152 0 0 0.0
2006 Q2 755 0 0 0.0
2006 Q1 3,287 0 0 0.0
2005 Q4 6,378 4 0 627.2
2005 Q3 5,733 0 0 0.0
2005 Q2 3,004 0 0 0.0
2005 Q1 4,766 0 0 0.0
2004 Q4 5,293 0 0 0.0
2004 Q3 4,187 2 1 477.7
2004 Q2 4,252 0 0 0.0
2004 Q1 4,805 0 0 0.0
2003 Q4 5,329 2 1 375.3
2003 Q3 5,393 8 3 1483.4
2003 Q2 6,011 0 0 0.0
2003 Q1 5,842 0 0 0.0
2002 Q4 6,925 5 1 722.0
2002 Q3 9,527 5 2 524.8
2002 Q2 2,424 0 0 0.0
2002 Q1 10,950 0 0 0.0
2001 Q4 12,649 1 0 79.1
2001 Q3 14,580 3 2 205.8
2001 Q2 13,934 0 0 0.0
2001 Q1 10,877 0 0 0.0
2000 Q4 10,712 3 1 280.1
2000 Q3 12,421 1 1 80.5
2000 Q2 13,454 0 0 0.0
2000 Q1 15,935 1 0 62.8
No fatalities recorded at this mine.

Reportable incidents

7 on file

2025 · 1 incident

October 14, 2025 AL · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Foley Materials Company · Struck by... (Not Elsewhere Classified)

EE was in the screen replacing panels, using a pry bar and hammer, hammer slipped and hit EE in the left knee

2021 · 1 incident

October 15, 2021 AL · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech STEPPING OR KNEELING ON OBJECT
Foley Materials Company · Struck against stationary object

Alleged pebble in boot after working in water (rubber knee high boots on) - unsure of date it occurred. EE is not certain when it happened but it got infected due to diabetic condition and put EE in the hospital for infection, surgery.

2015 · 1 incident

August 18, 2015 AL · Metal/Non-Metal scoop tram operator, load/haul/dump operator POWERED HAULAGE
Foley Materials Company · Struck against a moving object

Operator was backing atop ramp to the feed hopper, just before reaching the bumper stop he felt the ground give way causing his truck to go into the collapsing material.

2006 · 2 incidents

March 7, 2006 AL · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Foley Materials Company · Struck against stationary object

Slid over a piece of metal while attempting to remove a rock stuck in the hopper. Metal was hidden by the sand.

January 27, 2006 AL · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Foley Materials Company · Absorption of radiations, caustics, toxic and noxious substances

Hydraulic line on CAT loader came loose and hit windshield, breaking the windshield. Glass and hydraulic oil hit employee's face/eyes. Employee had safety glasses on. CAT dealer advised they had a recall notice to fix the hydraulic oil line but they were behind and had not sent the notice out to customers.

2005 · 2 incidents

July 12, 2005 AL · Metal/Non-Metal INUNDATION
Concrete Company · Accident type, without injuries

HEAVY RAINFALL ASSOCIATED WITH HURRICANE CAUSED AREA FLASH FLOODING

April 11, 2005 AL · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDTOOLS (NONPOWERED)
Concrete Company · Over-exertion in pulling or pushing objects

Employee was pulling on a prybar while working on conveyor belt and pulled something in his back