Mining Incidents

City Point Terminal: 28 MSHA citations Metal/Non-Metal

Controlled by Cemex S A
Cocoa, Brevard County, FL  ·  Abandoned
MSHA Mine ID: 0801303

City Point Terminal 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
8
Years on record
2002–2009
Latest incident
May 2009
Compliance record
MSHA citations since 2002
28
citations
9
significant & substantial
$3,576
proposed penalties
$3,576
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
24
inspections on record
368
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: 368 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 Point Terminal 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
28 assessments are final orders; 1 contested dockets.
Of $273 in penalties contested before the Commission, $273 was upheld in final decisions.
As of the most recent assessment on 2010-02-03.
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.
32.1%
significant & substantial
50.0%
high negligence or reckless
32.1%
reasonably likely or greater
57.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 21.4% low, 28.6% moderate, 50.0% 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.
1 citations taken to the federal commission · 4% of citations on record
  • Stood as issued 1 · 100%
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 1 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$273 proposed, $273 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 2006-04-12.
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 2006-166M Default Lesnick 2006 $273 → $273
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: 2010-02-04, 16 years ago
0%
of limit-tested samples over the exposure limit
7
samples
1
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg6
  • Nuisance dust, respirable, <1% Qtz1
Show the individual readings (7)
Date Contaminant Concentration Limit Conc / limit Occupation
2010-02-04 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-02-04 Respirable dust, <.1mg 0 Laborer, Bullgang
2002-12-04 Nuisance dust, respirable, <1% Qtz 0.13 10 0.01 Lab Technician
2002-12-04 Respirable dust, <.1mg 0 Supervisor, Co. Official
2002-12-04 Respirable dust, <.1mg 0 Scale Man
2002-12-04 Respirable dust, <.1mg 0 Front-end Loader Operator
2002-12-04 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.

City Point Terminal recorded 17.68 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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.
17.68
total case rate
17.68
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 2.82 and the all-US-mining average was 3.36 cases per 100 workers.
In Florida, metal and nonmetal mining averaged 2.14 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
2009 * 17.68 17.68 0.000
2008 * 11.32 0.00 0.000
2007 * 5.02 0.00 0.000
2006 * 8.80 4.40 0.000
2005 * 0.00 0.00 0.000
2004 * 0.00 0.00 0.000
2003 * 0.00 0.00 0.000
2002 * 6.66 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. Rinker Materials Of Florida, Inc 2001 to 2007
  2. Cemex 2007 to 2008
  3. Cemex Construction Materials Florida LLC 2008 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2010 10
2009 11
2008 16
2007 15
2006 16
2005 14
2004 14
2003 14
2002 12
2001 12
Source: MSHA quarterly employment and production, updated weekly.

City Point Terminal sits in Brevard County, Florida, 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.
Brevard County, Florida · Population 620,533
0.1%
Mining share of county employment
$75,817
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
2010 Q3 4,925 0 0 0.0
2010 Q2 5,192 0 0 0.0
2010 Q1 5,133 1 0 194.8
2009 Q4 4,963 0 0 0.0
2009 Q3 5,248 0 0 0.0
2009 Q2 5,542 0 0 0.0
2009 Q1 6,873 2 1 291.0
2008 Q4 5,826 0 0 0.0
Show 28 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q3 10,684 1 0 93.6
2008 Q2 10,619 0 0 0.0
2008 Q1 8,206 0 0 0.0
2007 Q4 11,327 1 0 88.3
2007 Q3 11,980 0 0 0.0
2007 Q2 8,437 2 0 237.1
2007 Q1 8,068 2 0 247.9
2006 Q4 11,929 0 0 0.0
2006 Q3 11,947 7 5 585.9
2006 Q2 10,559 0 0 0.0
2006 Q1 11,003 1 0 90.9
2005 Q4 8,446 0 0 0.0
2005 Q3 10,280 0 0 0.0
2005 Q2 8,724 0 0 0.0
2005 Q1 10,632 1 0 94.1
2004 Q4 9,203 0 0 0.0
2004 Q3 8,120 0 0 0.0
2004 Q2 8,908 0 0 0.0
2004 Q1 7,131 2 0 280.5
2003 Q4 10,493 0 0 0.0
2003 Q3 9,201 0 0 0.0
2003 Q2 9,085 2 0 220.1
2003 Q1 8,722 0 0 0.0
2002 Q4 6,330 1 0 158.0
2002 Q3 6,619 1 0 151.1
2002 Q2 9,300 0 0 0.0
2002 Q1 7,799 0 0 0.0
2001 Q4 5,095 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2009 · 2 incidents

May 22, 2009 FL · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Cemex Construction Materials Florida LLC · Over-exertion (Not Elsewhere Classified)

On May 22, employee claims he strained his R shoulder and neck opening a rail car door with a pry bar. Supervision was not notified. On May 23 the employee started a 2 week vacation. On May 27 the employee notified his supervisor and said he needed to see a doctor for his injury. On May 28 the employee visited the doctor and was diagnosed with a lumbar strain and prescribed Meds.

January 21, 2009 FL · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Cemex Construction Materials Florida LLC · Fall to the walkway or working surface

EE sustained an ankle sprain unloading rail cars on 1/21/09. Over the past 6 months he experienced minor discomfort with the ankle. On 7/23/09 he was reviewed by a doctor and no abnormalities were found. He was seen by an orthopedic specialist on 8/7/09. On 8/10/09, The orthopedic doctor gave him lifting and walking restrictions and prescribed physical therapy.

2008 · 2 incidents

August 29, 2008 FL · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Cemex · Over-exertion in wielding or throwing objects

On 8/29/2008, the employee was swinging a 10 pound sledge hammer against the side of a rail car to unload stuck limerock roadbase and suffered a strain in his R shoulder. The shoulder was sore for a couple of weeks and did not improve. On 9/15/2008 the employee was taken to the doctor for evaluation and diagnosed with a shoulder sprain and placed on light duty.

January 7, 2008 FL · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Cemex · Over-exertion (Not Elsewhere Classified)

On 1/7/2008 Employee was unloading rail cars. As he was closing the rail car hopper door with a spud bar, he lost his footing and twisted his knee. He was taken to the doctor to be examined the following day, placed on restricted duty and given a prescription for pain.

2007 · 1 incident

August 20, 2007 FL · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Rinker Materials Of Florida, Inc · Over-exertion in lifting objects

Employee was lifting a return idler; his foot slipped and he twisted his back. He was taken to the doctor and diagnosed with a strained back. He was placed on restricted duty for 5 days.

2006 · 2 incidents

February 27, 2006 FL · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Rinker Materials Of Florida, Inc · Struck against stationary object

Employee was operating an 80-foot High Reach Man Basket. The employee decided to travel across a shallow swale used to drain water. The front tires of the machine dropped into the swale, which catapulted the basket upward. The employee was thrown into the air then yanked back into the basket because he was wearing fall protection. He fractured his right leg.

January 2, 2006 FL · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Rinker Materials Of Florida, Inc · Fall from machine

Employee had just set brake on a rail car. When he decided to exit the rail car, he jumped off the rail car connection knuckle instead of utilizing the ladder. His right foot got caught on the air hose assembly and he fell, twisting his knee.

2002 · 1 incident

June 11, 2002 FL · Metal/Non-Metal mine manager, mine foreman, mine owner POWERED HAULAGE
Rinker Materials Of Florida, Inc · Struck against a moving object

WHILE MOVING VEHICLE, EE WAS HIT BY ANOTHER VEHICLE MAKING LEFT TURN IN FRONT OF HIM.