Mining Incidents

D E Materials: 125 MSHA citations Metal/Non-Metal

D E Ready Mix Inc · Surface
Controlled by David Hernandez
Hatch, Dona Ana County, NM  ·  Active
MSHA Mine ID: 2902386

D E Materials has $36K in proposed MSHA penalties and $40 outstanding across 5 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2009
125
citations
46
significant & substantial
$36,309
proposed penalties
$31,273
paid to date
86% of proposed penalties paid to date, a $5,036 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
44
inspections on record
567
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: 567 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

D E Materials has $36K in proposed MSHA penalties and $40 outstanding across 5 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.
$36K
proposed penalties
$31K
current assessed
$31K
paid to date
$40
outstanding
121 assessments are final orders; 5 contested dockets.
Of $17K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2026-05-28.
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.
37.4%
significant & substantial
12.2%
high negligence or reckless
37.4%
reasonably likely or greater
53.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 15.4% low, 72.4% moderate, 12.2% 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.
29 citations taken to the federal commission · 23% of citations on record
  • Settled 29 · 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 15 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$17K proposed, $12K 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 2012-10-22.
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 2011-1262M Settlement Simonton 2013 $9K → $6K
CENT 2011-1261M Settlement Simonton 2013 $5K → $4K
CENT 2012-368M Settlement Lesnick 2012 $2K → $971
CENT 2013-53M Settlement Lesnick 2013 $665 → $665
CENT 2012-59M Settlement Lesnick 2012 $100 → $100
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: 2011-09-14, 14 years ago
0%
of limit-tested samples over the exposure limit
6
samples
2
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz2
  • Respirable dust, <.1mg2
  • Unlisted Particulate, respirable, <1% Qtz2
Show the individual readings (6)
Date Contaminant Concentration Limit Conc / limit Occupation
2011-09-14 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-09-14 Unlisted Particulate, respirable, <1% Qtz 0.18 Supervisor, Co. Official
2011-06-16 Quartz, respirable, >1% Qtz 0.44 0.86 0.51 Front-end Loader Operator
2011-06-16 Quartz, respirable, >1% Qtz 0.58 0.91 0.64 Front-end Loader Operator
2011-06-16 Respirable dust, <.1mg 0 Crusher Oper/Worker
2009-01-28 Unlisted Particulate, respirable, <1% Qtz 0.17 Screen/Scalper 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.
Ownership history
  1. D E Ready Mix Inc 2009 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 2
2025 2
2024 2
2023 2
2022 2
2021 3
2020 2
2019 2
2018 3
2017 3
2016 3
2015 3
2014 2
2013 5
2012 5
2011 5
2010 7
2009 4
Source: MSHA quarterly employment and production, updated weekly.

D E Materials sits in Doña Ana County, New Mexico, where the Census mining category is 0.8% 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.
Doña Ana County, New Mexico · Population 221,665
0.8%
Mining share of county employment
$55,663
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 Q1 416 1 0 2403.8
2025 Q4 488 0 0 0.0
2025 Q3 400 3 0 7500.0
2025 Q2 408 0 0 0.0
2025 Q1 416 3 0 7211.5
2024 Q4 392 0 0 0.0
2024 Q3 416 1 0 2403.8
2024 Q2 472 0 0 0.0
Show 57 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 504 0 0 0.0
2023 Q4 424 1 0 2358.5
2023 Q3 383 4 0 10443.9
2023 Q2 420 0 0 0.0
2023 Q1 400 0 0 0.0
2022 Q4 472 0 0 0.0
2022 Q3 496 0 0 0.0
2022 Q2 520 3 1 5769.2
2022 Q1 780 0 0 0.0
2021 Q4 936 0 0 0.0
2021 Q3 876 0 0 0.0
2021 Q2 500 0 0 0.0
2021 Q1 471 6 2 12738.9
2020 Q4 330 0 0 0.0
2020 Q3 330 0 0 0.0
2020 Q2 360 1 0 2777.8
2020 Q1 230 0 0 0.0
2019 Q4 190 0 0 0.0
2019 Q3 275 0 0 0.0
2019 Q2 260 0 0 0.0
2019 Q1 218 6 0 27522.9
2018 Q4 231 0 0 0.0
2018 Q3 736 4 0 5434.8
2018 Q2 814 0 0 0.0
2017 Q2 272 1 0 3676.5
2017 Q1 688 0 0 0.0
2016 Q4 272 0 0 0.0
2016 Q3 192 0 0 0.0
2016 Q2 716 0 0 0.0
2016 Q1 928 0 0 0.0
2015 Q4 975 1 0 1025.6
2015 Q3 878 3 1 3416.9
2015 Q2 968 0 0 0.0
2015 Q1 1,040 0 0 0.0
2014 Q4 1,040 11 4 10576.9
2014 Q3 520 4 3 7692.3
2014 Q1 520 0 0 0.0
2013 Q4 1,560 0 0 0.0
2013 Q3 1,646 0 0 0.0
2013 Q2 2,739 0 0 0.0
2013 Q1 2,412 0 0 0.0
2012 Q4 1,902 6 4 3154.6
2012 Q3 1,398 7 3 5007.2
2012 Q2 663 0 0 0.0
2012 Q1 2,657 0 0 0.0
2011 Q4 1,306 0 0 0.0
2011 Q3 1,519 1 0 658.3
2011 Q2 2,635 22 12 8349.1
2011 Q1 3,240 0 0 0.0
2010 Q4 2,521 12 5 4760.0
2010 Q3 2,862 7 3 2445.8
2010 Q2 2,953 0 0 0.0
2010 Q1 2,210 0 0 0.0
2009 Q4 1,770 5 3 2824.9
2009 Q3 1,007 0 0 0.0
2009 Q2 1,349 2 2 1482.6
2009 Q1 814 2 2 2457.0

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.