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.
250 citations across 2,154 inspection hours.
Source: MSHA inspections data, updated weekly.
Emery Pit has $411K in proposed MSHA penalties and $0 outstanding across 22 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.
$411K
proposed penalties
$233K
current assessed
$233K
paid to date
$0
outstanding
239 assessments are final orders; 22 contested dockets.
Of $373K in penalties contested before the Commission, $194K was upheld in final decisions.
As of the most recent assessment on 2023-02-23.
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.
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.
107citations taken to the federal commission · 43% of citations on record
Settled
95 · 89%
Stood as issued
3 · 3%
Vacated or withdrawn
9 · 8%
87%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 54 decided S&S contests · industry: 79%
49%
Penalty reduction in decided contests
$403K proposed, $207K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2019-03-13.
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.
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: 2026-06-10
0%
of limit-tested samples over the exposure limit
41
samples
8
limit-tested
Most sampled contaminants
Respirable dust, <.1mg26
Quartz, respirable, >1% Qtz9
Unlisted Particulate, respirable, <1% Qtz6
Show the individual readings (41)
Date
Contaminant
Concentration
Limit
Conc / limit
Occupation
2026-06-10
Respirable dust, <.1mg
0
Utility Man
2026-06-10
Respirable dust, <.1mg
0
Washer Operator
2026-06-10
Respirable dust, <.1mg
0
Utility Man
2025-09-10
Respirable dust, <.1mg
0
Truck Driver
2025-09-10
Respirable dust, <.1mg
0
Utility Man
2025-09-10
Respirable dust, <.1mg
0
Utility Man
2025-09-10
Respirable dust, <.1mg
0
Utility Man
2025-09-10
Quartz, respirable, >1% Qtz
0.16
0.69
0.23
Backhoe Operator
2023-07-25
Respirable dust, <.1mg
0
Washer Operator
2023-07-25
Respirable dust, <.1mg
0
Utility Man
2023-07-25
Quartz, respirable, >1% Qtz
0.19
0.92
0.21
Mechanic
2023-07-25
Respirable dust, <.1mg
0
Mechanic
2023-07-25
Quartz, respirable, >1% Qtz
0.12
Washer Operator
2022-09-27
Respirable dust, <.1mg
0
Utility Man
2022-09-27
Respirable dust, <.1mg
0
Truck Driver
2022-09-27
Respirable dust, <.1mg
0
Utility Man
2022-09-27
Respirable dust, <.1mg
0
Backhoe Operator
2020-06-02
Respirable dust, <.1mg
0
Mechanic
2020-06-02
Respirable dust, <.1mg
0
Mechanic
2020-06-02
Respirable dust, <.1mg
0
Mechanic
2020-06-02
Respirable dust, <.1mg
0
Utility Man
2020-06-02
Respirable dust, <.1mg
0
Utility Man
2015-06-04
Respirable dust, <.1mg
0
Utility Man
2015-06-04
Respirable dust, <.1mg
0
Front-end Loader Operator
2015-06-04
Respirable dust, <.1mg
0
Washer Operator
2015-06-04
Unlisted Particulate, respirable, <1% Qtz
0.17
Truck Driver
2015-06-04
Unlisted Particulate, respirable, <1% Qtz
0.28
Backhoe Operator
2012-04-10
Quartz, respirable, >1% Qtz
0.17
1.45
0.12
Washer Operator
2012-04-10
Unlisted Particulate, respirable, <1% Qtz
0.39
Front-end Loader Operator
2012-04-10
Unlisted Particulate, respirable, <1% Qtz
0.22
Truck Driver
2009-06-10
Respirable dust, <.1mg
0.04
Backhoe Operator
2009-06-10
Unlisted Particulate, respirable, <1% Qtz
0.2
Front-end Loader Operator
2009-06-10
Respirable dust, <.1mg
0.05
Utility Man
2009-06-10
Respirable dust, <.1mg
0.03
Truck Driver
2009-06-10
Quartz, respirable, >1% Qtz
0.3
0.62
0.48
Bulldozer Operator
2004-05-05
Unlisted Particulate, respirable, <1% Qtz
0.25
Laborer, Bullgang
2003-11-13
Quartz, respirable, >1% Qtz
0.17
1.2
0.14
Supervisor, Co. Official
2003-11-13
Quartz, respirable, >1% Qtz
1.66
2.87
0.58
Truck Driver
2003-11-13
Respirable dust, <.1mg
0
Rotary Bucket Ex. Operator
2003-11-13
Quartz, respirable, >1% Qtz
0.36
1.05
0.34
Truck Driver
2003-11-13
Quartz, respirable, >1% Qtz
0.22
0.6
0.37
Cleanup Man
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.
Emery Pit recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 North Carolina, metal and nonmetal mining averaged 1.14 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
2025 *
0.00
0.00
0.000
2024 *
0.00
0.00
0.000
2023 *
0.00
0.00
0.000
2022 *
0.00
0.00
0.000
2021 *
3.36
0.00
0.000
2020 *
0.00
0.00
0.000
2019 *
0.00
0.00
0.000
2018 *
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.
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year
Employees
2026
20
2025
24
2024
24
2023
25
2022
23
2021
24
2020
24
2019
23
2018
23
2017
18
2016
20
2015
18
2014
18
2013
17
2012
14
2011
14
2010
15
2009
16
2008
21
2007
23
2006
22
2005
21
2004
19
2003
12
2002
11
2001
10
2000
8
Source: MSHA quarterly employment and production, updated weekly.
Emery Pit sits in Montgomery County, North Carolina, 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.
Montgomery County, North Carolina · Population 25,874
0.1%
Mining share of county employment
$55,849
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
12,140
0
0
0.0
2026 Q1
9,938
0
0
0.0
2025 Q4
14,772
0
0
0.0
2025 Q3
16,161
0
0
0.0
2025 Q2
16,235
0
0
0.0
2025 Q1
13,212
0
0
0.0
2024 Q4
13,804
0
0
0.0
2024 Q3
14,504
0
0
0.0
Show 98 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2024 Q2
15,640
0
0
0.0
2024 Q1
16,162
0
0
0.0
2023 Q4
17,092
0
0
0.0
2023 Q3
17,876
0
0
0.0
2023 Q2
17,200
0
0
0.0
2023 Q1
16,512
1
0
60.6
2022 Q4
15,938
0
0
0.0
2022 Q3
16,145
0
0
0.0
2022 Q2
16,048
0
0
0.0
2022 Q1
13,934
0
0
0.0
2021 Q4
14,003
0
0
0.0
2021 Q3
15,657
0
0
0.0
2021 Q2
15,224
0
0
0.0
2021 Q1
14,690
2
2
136.1
2020 Q4
15,107
0
0
0.0
2020 Q3
16,865
0
0
0.0
2020 Q2
14,009
0
0
0.0
2020 Q1
13,254
1
0
75.4
2019 Q4
13,781
0
0
0.0
2019 Q3
15,872
0
0
0.0
2019 Q2
14,391
0
0
0.0
2019 Q1
12,256
0
0
0.0
2018 Q4
12,478
2
2
160.3
2018 Q3
14,880
3
0
201.6
2018 Q2
15,506
0
0
0.0
2018 Q1
10,506
0
0
0.0
2017 Q4
11,823
6
5
507.5
2017 Q3
12,180
2
1
164.2
2017 Q2
9,898
2
0
202.1
2017 Q1
9,518
3
1
315.2
2016 Q4
13,124
1
0
76.2
2016 Q3
14,750
0
0
0.0
2016 Q2
16,069
4
3
248.9
2016 Q1
12,438
3
2
241.2
2015 Q4
10,271
0
0
0.0
2015 Q3
13,585
0
0
0.0
2015 Q2
12,011
2
0
166.5
2015 Q1
9,280
0
0
0.0
2014 Q4
10,122
1
0
98.8
2014 Q3
11,870
1
0
84.2
2014 Q2
9,624
0
0
0.0
2014 Q1
4,993
3
0
600.8
2013 Q4
8,298
2
0
241.0
2013 Q3
10,309
13
4
1261.0
2013 Q2
10,450
0
0
0.0
2013 Q1
6,291
0
0
0.0
2012 Q4
9,512
2
0
210.3
2012 Q3
8,507
0
0
0.0
2012 Q2
9,987
4
1
400.5
2012 Q1
8,654
0
0
0.0
2011 Q4
6,698
3
2
447.9
2011 Q3
9,396
0
0
0.0
2011 Q2
7,588
5
1
658.9
2011 Q1
5,576
0
0
0.0
2010 Q4
6,125
0
0
0.0
2010 Q3
8,826
2
1
226.6
2010 Q2
9,141
0
0
0.0
2010 Q1
6,637
3
1
452.0
2009 Q4
6,783
0
0
0.0
2009 Q3
8,346
0
0
0.0
2009 Q2
8,700
8
4
919.5
2009 Q1
8,136
8
2
983.3
2008 Q4
10,469
12
2
1146.2
2008 Q3
10,811
1
0
92.5
2008 Q2
17,163
6
1
349.6
2008 Q1
14,114
5
2
354.3
2007 Q4
17,050
0
0
0.0
2007 Q3
19,543
12
0
614.0
2007 Q2
14,568
0
0
0.0
2007 Q1
11,236
6
0
534.0
2006 Q4
11,510
15
4
1303.2
2006 Q3
14,965
11
3
735.0
2006 Q2
16,998
0
0
0.0
2006 Q1
13,316
51
23
3830.0
2005 Q4
13,499
0
0
0.0
2005 Q3
15,004
0
0
0.0
2005 Q2
12,681
3
3
236.6
2005 Q1
12,023
0
0
0.0
2004 Q4
12,573
3
1
238.6
2004 Q3
11,676
0
0
0.0
2004 Q2
10,613
2
0
188.4
2004 Q1
9,292
0
0
0.0
2003 Q4
8,814
3
0
340.4
2003 Q3
9,636
0
0
0.0
2003 Q2
7,927
3
2
378.5
2003 Q1
4,643
1
0
215.4
2002 Q4
6,294
0
0
0.0
2002 Q3
6,805
0
0
0.0
2002 Q2
4,756
4
1
841.0
2002 Q1
3,502
0
0
0.0
2001 Q4
4,897
3
2
612.6
2001 Q3
4,223
0
0
0.0
2001 Q2
4,332
1
0
230.8
2001 Q1
3,713
0
0
0.0
2000 Q4
4,060
7
1
1724.1
2000 Q3
5,063
0
0
0.0
2000 Q2
4,002
6
1
1499.3
2000 Q1
3,377
6
3
1776.7
Fatalities at this mine
1 recorded
September 5, 2017NC · Metal/Non-Metallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanFatality · POWERED HAULAGE
G S MATERIALS INC · Caught in, under or between running or meshing objects
The victim was the Kolberg Plant Operator. Employee may have been trying to perform maintenance on the tail pulley or conveyor belt, when employee became entangled in the conveyor system, causing fatal injuries. The operator is continuing to investigate the root cause(s) of this accident.
Contractor cutting on arm of excavator, grease fitting & grease shot out hitting contractor. Contusion to right shoulder requiring 2 stitches, 1st degree burn to left side of face & 2nd degree burn to left collar bone both requiring first aid treatment. Contractor states was released from hospital with no restrictions related to this accident.
Employee was waiting in line to be loaded. When it was his turn the loader operator signaled for him to pull up. When he did not pull forward, a co-worker went to check on him. He found employee slumped over in his seat.
Lifting track with pry bar. Possible strain to right rotator cuff.
March 16, 2010NC · Metal/Non-Metalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
Employee was performing maintenance tasks when he twisted his right wrist while installing a gear box at the plant.
January 19, 2010NC · Metal/Non-Metalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSLIP OR FALL OF PERSON
Employee was priming pump, the pump float moved and flipped. Employee jumped over railing that was around pump. He caught the back of his leg on the railing. He landed in the water. He was wearing a life jacket and pump was disconnected from the power and was locked out.
2009 · 1 incident
October 12, 2009NC · Metal/Non-Metalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSTRIKING OR BUMPING
Mechanic/operator was working between two buildings. A window & frame was propped up against building. The window was sitting at angle and the operator walked into it and cut his leg on the frame corner.
Employee was complaining of chest pain after he signed out at 4 pm and he asked the office clerk to call EMS. Extent of illness unknown.
February 4, 2008NC · Metal/Non-Metalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
G S MATERIALS INC · Caught in, under or between a moving and a stationary object
Employee was opening door on water pipe and water pressure shut door, employees fingers caught in door. Cut to middle finger on right hand requiring sutures and no right handed work for two weeks.
2007 · 1 incident
February 19, 2007NC · Metal/Non-Metalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDTOOLS (NONPOWERED)
Employee was knocking slag off a piece of metal with a hammer, he slid his safety glasses down his nose because he said that they had fogged up and a piece of slag hit him in the eye.
Employee climbed onto hopper to direct trackhoe. Trackhoe bucket hit sideboard on top of hopper. Side board swung down. Another side board that was attached to sideboard that was hit swung forward hitting employee; employee fell forward and into hopper. He hit his arm on a six inch eye beam injuring left arm. Employee received a strain/contusion of the left bicep muscle.
EMPLOYEE WAS WALKING FROM GREASE SHED TO PLANT HOUSE. HE CROSSED THE HAUL ROAD AND WAS STRUCK BY THE BUCKET OF A MOVING LOADER. REFUSED MEDICAL CARE AND DRUG SCREEN.
October 21, 2003NC · Metal/Non-Metalbulldozer operator, universal operator, heavy equipment operator, operating engineerHANDLING OF MATERIALS