Mining Incidents

Congress Materials: 102 MSHA citations Metal/Non-Metal

Congress Materials · Surface
Slidell, Wise County, TX  ·  Abandoned
MSHA Mine ID: 4104372

Congress Materials has $63K in proposed MSHA penalties and $43K outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
9
Years on record
2002–2010
Latest incident
Jun 2010
Compliance record
MSHA citations since 2002
102
citations
32
significant & substantial
$62,607
proposed penalties
$13,858
paid to date
22% of proposed penalties paid to date, a $48,749 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
34
inspections on record
414
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: 414 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Congress Materials has $63K in proposed MSHA penalties and $43K outstanding across 4 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.
$63K
proposed penalties
$57K
current assessed
$14K
paid to date
$43K
outstanding
100 assessments are final orders; 4 contested dockets.
Of $19K in penalties contested before the Commission, $14K was upheld in final decisions.
As of the most recent assessment on 2009-12-28.
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.
32.0%
significant & substantial
17.0%
high negligence or reckless
32.0%
reasonably likely or greater
51.0%
permanently disabling or fatal if injury occurs
Negligence coding: 1.0% none, 13.0% low, 69.0% moderate, 15.0% high, 2.0% 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.
15 citations taken to the federal commission · 15% of citations on record
  • Settled 13 · 87%
  • Vacated or withdrawn 2 · 13%
83%
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 6 decided S&S contests · industry: 79%
28%
Penalty reduction in decided contests
$19K proposed, $14K 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 2009-10-08.
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
CENT 2010-19M Settlement Lesnick 2010 $12K → $9K
CENT 2010-18M Settlement Lesnick 2010 $6K → $5K
CENT 2008-31M Withdrawal Zielinski 2008 $343 → $0
CENT 2008-32M Withdrawal Zielinski 2008 $100 → $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: 2007-07-17, 19 years ago
0%
of limit-tested samples over the exposure limit
3
samples
3
limit-tested
Most sampled contaminants
  • Nuisance dust, respirable, <1% Qtz2
  • Quartz, respirable, >1% Qtz1
Show the individual readings (3)
Date Contaminant Concentration Limit Conc / limit Occupation
2007-07-17 Quartz, respirable, >1% Qtz 0.76 3.19 0.24 Crusher Oper/Worker
2007-07-17 Nuisance dust, respirable, <1% Qtz 0.22 10 0.02 Crusher Oper/Worker
2007-07-17 Nuisance dust, respirable, <1% Qtz 0.17 10 0.02 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.

Congress Materials recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 Texas, metal and nonmetal mining averaged 2.58 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 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 9.01 9.01 0.000
2006 * 5.62 5.62 0.000
2005 * 0.00 0.00 0.000
2004 * 4.07 4.07 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. Cooke County Stone LP 2002 to 2006
  2. Green Aggregates, Inc. 2006 to 2009
  3. Congress Materials 2009 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2010 11
2009 15
2008 17
2007 17
2006 14
2005 20
2004 21
2003 4
2002 6
Source: MSHA quarterly employment and production, updated weekly.

Congress Materials sits in Wise County, Texas, where the Census mining category is 4.7% 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.
Wise County, Texas · Population 72,359
4.7%
Mining share of county employment
$89,897
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 4,708 0 0 0.0
2010 Q2 5,386 0 0 0.0
2010 Q1 7,045 0 0 0.0
2009 Q4 9,808 7 4 713.7
2009 Q3 12,346 13 5 1053.0
2009 Q2 7,293 0 0 0.0
2009 Q1 4,753 17 3 3576.7
2008 Q4 6,732 0 0 0.0
Show 25 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q3 5,459 11 3 2015.0
2008 Q2 9,324 0 0 0.0
2008 Q1 9,573 0 0 0.0
2007 Q4 11,559 11 5 951.6
2007 Q3 11,748 1 1 85.1
2007 Q2 8,973 0 0 0.0
2007 Q1 12,124 0 0 0.0
2006 Q4 12,009 5 1 416.4
2006 Q3 10,535 0 0 0.0
2006 Q2 6,457 4 1 619.5
2006 Q1 6,607 2 0 302.7
2005 Q4 6,971 0 0 0.0
2005 Q3 10,933 5 0 457.3
2005 Q2 11,598 0 0 0.0
2005 Q1 13,262 0 0 0.0
2004 Q4 13,460 6 1 445.8
2004 Q3 13,446 0 0 0.0
2004 Q2 10,198 0 0 0.0
2004 Q1 12,009 0 0 0.0
2003 Q4 1,970 0 0 0.0
2003 Q3 2,498 6 1 2401.9
2003 Q2 3,059 0 0 0.0
2003 Q1 3,060 7 2 2287.6
2002 Q4 3,542 0 0 0.0
2002 Q3 1,881 4 3 2126.5
No fatalities recorded at this mine.

Reportable incidents

9 on file

2010 · 1 incident

June 24, 2010 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Congress Materials · Struck by... (Not Elsewhere Classified)

He was too confident when he was cutting the rubber and he had the piece in front of him and not at side of his body.

2007 · 2 incidents

November 27, 2007 TX · Metal/Non-Metal welder (shop) SLIP OR FALL OF PERSON
Green Aggregates, Inc. · Over-exertion (Not Elsewhere Classified)

The employee thought that he could make it on one step going down. He could not reach the catwalk and he put a lot of pressure on his hand and knee.

October 20, 2007 TX · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
Green Aggregates, Inc. · Over-exertion (Not Elsewhere Classified)

It was just a little pain in his back from muscle being pulled.

2006 · 1 incident

November 6, 2006 TX · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Green Aggregates, Inc. · Fall from machine

Employee slipped on the mud on top of quarry truck. He lost his balance & fell against the fender & then to the ground. He did not stop to look, analyze or manage hazards.

2004 · 2 incidents

November 24, 2004 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Cooke County Stone LP · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS PUSHING THE SKIRT RUBBER WITH THE PROBAR. PROBAR SLITHERED AND STRUCK HIS HAND BETWEEN BAR AND BELT FRAME. WET SURFACE, DARK PLACE UNDER THER SCREEN. HE DID NOT TO LOOK TO IDENTIFY THE HAZARDS FOR EACH JOB.

January 7, 2004 TX · Metal/Non-Metal

A PIECE OF STEEL FLEW INTO EYE WHILE GRINDING AND OR CUTTING STEEL TO REPAIR CONVEYOR THE EYE BECAME IRRIATANT AND INFLAMED. WENT TO DR TO PULL PIECE OF STEEL OUT.

2003 · 2 incidents

October 10, 2003 TX · Metal/Non-Metal welder (shop) MACHINERY
Cooke County Stone LP · Struck by flying object

A PIECE OF STEEL FLEW IN EYE WHILE GRINDING. EYE BECAME IRRITATED. WENT TO DOCTOR TO REMOVE PIECE OF STEEL.

March 17, 2003 TX · Metal/Non-Metal truck driver SLIP OR FALL OF PERSON
Cooke County Stone LP · Over-exertion (Not Elsewhere Classified)

WHILE LIFTING A WATER PUMP OUT OF THE MUD TO MOVE IT TO ANOTHER AREA, HE SLIPPED, HIS FOOTING WAS LOST, AND SHIFTED HIS BODY TO ACCOMODATE FOR THAT. WHEN DOING SO HE TWISTED HIS BODY AND STRAI NED HIS HIP.

2002 · 1 incident

October 2, 2002 TX · Metal/Non-Metal welder (shop) MACHINERY
Cooke County Stone LP · Struck by... (Not Elsewhere Classified)

A PIECE OF STEEL FLEW IN EYE WHILE GRINIDNG STEEL. EYE BECAME IRRIANT AND PULLED OUT THE PIECE OF STEEL. WENT TO DR TO REMOVE PIECE OF STEEL.