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Divot Quarry: 59 MSHA citations Metal/Non-Metal

Controlled by CRH PLC
Pearsall, Frio County, TX  ·  Active
MSHA Mine ID: 4104879

Divot Quarry has $11K in proposed MSHA penalties and $646 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2011–2022
Latest incident
Aug 2022
Compliance record
MSHA citations since 2011
59
citations
11
significant & substantial
$10,866
proposed penalties
$10,220
paid to date
94% of proposed penalties paid to date, a $646 gap.
Source: MSHA violations data, updated weekly.
See Texas Materials Group, Inc's full MSHA compliance history →
Inspection activity
MSHA inspections since 2011
32
inspections on record
335
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: 335 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Divot Quarry has $11K in proposed MSHA penalties and $646 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.
$11K
proposed penalties
$11K
current assessed
$10K
paid to date
$646
outstanding
58 assessments are final orders; 1 contested dockets.
Of $100 in penalties contested before the Commission, $100 was upheld in final decisions.
As of the most recent assessment on 2026-05-26.
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.
19.0%
significant & substantial
15.5%
high negligence or reckless
19.0%
reasonably likely or greater
17.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.6% low, 75.9% moderate, 15.5% 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 · 2% of citations on record
  • Settled 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
$100 proposed, $100 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 2015-03-01.
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 2015-0275 Settlement Lesnick 2015 $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: 2024-11-26
0%
of limit-tested samples over the exposure limit
10
samples
3
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg6
  • Quartz, respirable, >1% Qtz4
Show the individual readings (10)
Date Contaminant Concentration Limit Conc / limit Occupation
2024-11-26 Quartz, respirable, >1% Qtz 0.38 0.91 0.42 Dry Screen Plant Operator
2024-11-26 Quartz, respirable, >1% Qtz 0.42 0.86 0.49 Cleanup Man
2024-11-26 Respirable dust, <.1mg 0 Front-end Loader Operator
2024-11-26 Respirable dust, <.1mg 0 Complete Load-Haul-Dump
2021-10-06 Quartz, respirable, >1% Qtz 0.16 Scraper Operator
2021-10-06 Respirable dust, <.1mg 0 Truck Driver
2021-10-06 Respirable dust, <.1mg 0 Front-end Loader Operator
2021-10-06 Quartz, respirable, >1% Qtz 0.18 0.46 0.39 Utility Man
2019-01-08 Respirable dust, <.1mg 0 Front-end Loader Operator
2019-01-08 Respirable dust, <.1mg 0 Crusher Oper/Worker
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.

Divot Quarry recorded 0.00 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
ⓘ 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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 1.94 and the all-US-mining average was 2.32 cases per 100 workers.
In Texas, metal and nonmetal mining averaged 1.84 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
2019 * 0.00 0.00 0.000
2012 * 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. Pinnacle Material, Inc. 2011 to 2012
  2. Pinnacle Materials LLC 2012 to 2013
  3. Allied Custom Gypsum 2013 to 2013
  4. ACG Materials 2013 to 2018
  5. ACG Materials 2018 to 2021
  6. Century Asphalt, Ltd. 2021 to 2021
  7. Texas Materials Group, Inc 2021 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 7
2025 8
2024 6
2023 6
2022 6
2021 5
2020 8
2019 10
2018 8
2017 15
2016 16
2015 6
2014 5
2013 7
2012 19
2011 12
Source: MSHA quarterly employment and production, updated weekly.

Divot Quarry sits in Frio County, Texas, where the Census mining category is 5.9% 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.
Frio County, Texas · Population 18,019
5.9%
Mining share of county employment
$60,098
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 4,038 4 0 990.6
2026 Q1 4,426 0 0 0.0
2025 Q4 4,552 2 0 439.4
2025 Q3 4,443 0 0 0.0
2025 Q2 5,167 0 0 0.0
2025 Q1 4,948 0 0 0.0
2024 Q4 4,039 5 1 1237.9
2024 Q3 3,499 2 0 571.6
Show 51 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 4,187 0 0 0.0
2024 Q1 3,404 1 0 293.8
2023 Q4 4,521 0 0 0.0
2023 Q3 4,024 0 0 0.0
2023 Q2 3,279 3 0 914.9
2023 Q1 3,603 0 0 0.0
2022 Q4 3,688 0 0 0.0
2022 Q3 3,300 0 0 0.0
2022 Q2 3,012 0 0 0.0
2022 Q1 2,543 0 0 0.0
2021 Q4 2,474 0 0 0.0
2021 Q3 3,182 0 0 0.0
2021 Q1 910 0 0 0.0
2020 Q4 2,105 0 0 0.0
2020 Q3 1,632 0 0 0.0
2020 Q2 4,700 0 0 0.0
2020 Q1 5,227 1 0 191.3
2019 Q4 4,784 0 0 0.0
2019 Q3 4,674 0 0 0.0
2019 Q2 5,954 0 0 0.0
2019 Q1 4,679 1 0 213.7
2018 Q4 3,583 0 0 0.0
2018 Q3 3,062 5 2 1632.9
2018 Q2 4,766 0 0 0.0
2018 Q1 3,632 0 0 0.0
2017 Q4 3,617 0 0 0.0
2017 Q3 5,717 0 0 0.0
2017 Q2 2,914 6 1 2059.0
2017 Q1 3,158 0 0 0.0
2016 Q4 2,599 0 0 0.0
2016 Q3 3,750 0 0 0.0
2016 Q2 2,908 0 0 0.0
2016 Q1 5,022 0 0 0.0
2015 Q4 3,280 1 0 304.9
2015 Q3 2,200 0 0 0.0
2015 Q2 4,035 0 0 0.0
2015 Q1 4,400 0 0 0.0
2014 Q4 3,651 1 1 273.9
2014 Q3 3,412 0 0 0.0
2014 Q2 3,000 1 0 333.3
2014 Q1 2,400 0 0 0.0
2013 Q4 2,557 0 0 0.0
2013 Q3 3,400 0 0 0.0
2013 Q2 2,593 5 0 1928.3
2013 Q1 2,767 0 0 0.0
2012 Q4 4,108 6 3 1460.6
2012 Q3 15,887 0 0 0.0
2012 Q2 14,400 4 1 277.8
2012 Q1 18,600 0 0 0.0
2011 Q4 8,640 3 1 347.2
2011 Q3 14,891 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2022 · 1 incident

August 2, 2022 TX · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
Texas Materials Group, Inc · Bodily reaction, (Not Elsewhere Classified)

employee went to step up on the loader when they felt pain in right knee

2021 · 1 incident

October 29, 2021 TX · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Texas Materials Group, Inc · Caught in, under or between a moving and a stationary object

EE was removing a guard when the guard slipped pinching the EE hand against a guardrail causing lacerations.

2020 · 1 incident

March 23, 2020 TX · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
ACG Materials · Struck by flying object

Miner was removing a ripper tooth by hitting it with a hammer when a piece of metal broke off and cut EE's leg.

2017 · 1 incident

December 13, 2017 TX · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
ACG Materials · Fall onto or against objects

Employee was climbing out of an engine compartment when slipped striking lower right chest area on the frame of the screener

2015 · 1 incident

June 9, 2015 TX · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
ACG Materials · Over-exertion in lifting objects

Employee was lifting the screen out of the McCloskey 155 screening Plant with the help of 2 co-workers. He injured his right bicep.

2011 · 1 incident

October 17, 2011 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Pinnacle Material, Inc. · Caught in, under or between (Not Elsewhere Classified)

Employee had his left hand on a chain that was connected to a load that had been sat on a trailer. He went to disconnect the chain when the load shifted and the chain pinched his pinky, ring and middle finger on his left hand.