Mining Incidents

Estero Quarry: 128 MSHA citations Metal/Non-Metal

Controlled by Cemex S A
Estero, Lee County, FL  ·  Abandoned
MSHA Mine ID: 0801254

Estero Quarry has $144K in proposed MSHA penalties and $41K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
17
Years on record
1998–2007
Latest incident
Nov 2007
Compliance record
MSHA citations since 2000
128
citations
31
significant & substantial
$144,495
proposed penalties
$39,874
paid to date
28% of proposed penalties paid to date, a $104,621 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
40
inspections on record
618
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: 618 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Estero Quarry has $144K in proposed MSHA penalties and $41K outstanding across 3 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.
$144K
proposed penalties
$81K
current assessed
$40K
paid to date
$41K
outstanding
126 assessments are final orders; 3 contested dockets.
Of $73K in penalties contested before the Commission, $9K was upheld in final decisions.
As of the most recent assessment on 2007-11-28.
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.
24.6%
significant & substantial
19.8%
high negligence or reckless
24.6%
reasonably likely or greater
74.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.2% low, 77.0% moderate, 19.8% 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.
4 citations taken to the federal commission · 3% of citations on record
  • Settled 4 · 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 3 decided S&S contests · industry: 79%
89%
Penalty reduction in decided contests
$71K proposed, $8K 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 2008-07-23.
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 2008-886M Settlement Paez 2009 $70K → $7K
SE 2004-88-M Settlement Feldman 2004 $1K → $1K
SE 2004-251M Settlement Lesnick 2004 $1K → $300
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: 2006-03-01, 20 years ago
0%
of limit-tested samples over the exposure limit
15
samples
2
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg12
  • Nuisance dust, respirable, <1% Qtz1
  • Quartz, respirable, >1% Qtz1
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (15)
Date Contaminant Concentration Limit Conc / limit Occupation
2006-03-01 Quartz, respirable, >1% Qtz 0.13 1.51 0.09 Crusher Oper/Worker
2006-03-01 Respirable dust, <.1mg 0 Laborer, Bullgang
2006-03-01 Respirable dust, <.1mg 0 Tractor Operator
2006-03-01 Respirable dust, <.1mg 0 Tractor Operator
2004-07-14 Respirable dust, <.1mg 0 Lab Technician
2004-07-14 Nuisance dust, respirable, <1% Qtz 0.16 10 0.02 Mechanic
2004-07-14 Respirable dust, <.1mg 0 Crusher Oper/Worker
2003-10-22 Respirable dust, <.1mg 0 Backhoe Operator
2003-10-22 Respirable dust, <.1mg 0 Front-end Loader Operator
2003-10-22 Respirable dust, <.1mg 0 Front-end Loader Operator
2001-06-06 Respirable dust, <.1mg 0 Washer Operator
2001-06-06 Respirable dust, <.1mg 0 Pipe Fitter/Millright/Plumber
2001-06-06 Unlisted Particulate, respirable, <1% Qtz 0.13 Dragline Operator
2001-06-06 Respirable dust, <.1mg 0 Bulldozer Operator
2001-06-06 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.

Estero Quarry recorded 7.71 reportable injury cases per 100 full-time workers in 2007.

Injury rate, 2007
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.
7.71
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 3.30 and the all-US-mining average was 3.77 cases per 100 workers.
In Florida, metal and nonmetal mining averaged 2.53 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
2007 * 7.71 0.00 0.000
2006 3.44 1.72 0.000
2005 0.00 0.00 0.000
2004 3.14 3.14 0.000
2003 1.26 0.00 0.000
2002 4.11 1.37 0.000
2001 2.96 2.96 0.000
2000 1.34 1.34 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. Youngquist Brothers Rock 1997 to 1999
  2. RMC South Florida Materials 1999 to 2003
  3. RMC South Florida Inc 2003 to 2003
  4. RMC South Florida Materials, Inc. 2003 to 2005
  5. RMC Florida Group LTD 2006 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2008 14
2007 25
2006 44
2005 52
2004 49
2003 56
2002 56
2001 51
2000 58
Source: MSHA quarterly employment and production, updated weekly.

Estero Quarry sits in Lee 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.
Lee County, Florida · Population 792,692
0.1%
Mining share of county employment
$73,099
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
2008 Q1 9,702 0 0 0.0
2007 Q4 18,866 12 6 636.1
2007 Q3 17,378 9 3 517.9
2007 Q2 18,703 1 0 53.5
2007 Q1 22,910 14 3 611.1
2006 Q4 24,044 0 0 0.0
2006 Q3 29,349 1 1 34.1
2006 Q2 31,787 0 0 0.0
Show 25 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q1 31,023 9 2 290.1
2005 Q4 32,745 0 0 0.0
2005 Q3 36,837 3 0 81.4
2005 Q2 31,346 0 0 0.0
2005 Q1 30,759 3 0 97.5
2004 Q4 36,081 0 0 0.0
2004 Q3 27,086 6 1 221.5
2004 Q2 30,962 0 0 0.0
2004 Q1 33,125 0 0 0.0
2003 Q4 42,407 7 1 165.1
2003 Q3 38,941 5 1 128.4
2003 Q2 36,162 0 0 0.0
2003 Q1 40,687 5 1 122.9
2002 Q4 39,419 0 0 0.0
2002 Q3 38,870 0 0 0.0
2002 Q2 32,147 7 1 217.7
2002 Q1 35,703 12 4 336.1
2001 Q4 34,588 0 0 0.0
2001 Q3 32,709 0 0 0.0
2001 Q2 33,267 3 2 90.2
2001 Q1 34,630 0 0 0.0
2000 Q4 37,187 10 0 268.9
2000 Q3 38,464 0 0 0.0
2000 Q2 38,068 4 0 105.1
2000 Q1 35,640 5 2 140.3
No fatalities recorded at this mine.

Reportable incidents

17 on file

2007 · 3 incidents

November 30, 2007 FL · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
RMC Florida Group LTD · Struck by... (Not Elsewhere Classified)

Employee stepped too close to a area where a employee was throwing pieces of a metal liner to the ground. The piece bounced on the floor 2 to 3 feet and landed on his foot above the steel toe. A spotter was on the ground to secure the area but the piece rebounded off the ground.

October 2, 2007 FL · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
RMC Florida Group LTD · Struck against stationary object

EE was attempting to loosen a bolt on the screening tower with a rachet. The bolt slid out slightly and due to the downward force the EE was using, his left hand came down on the metal frame and his middle finger became fx as it struck the frame.

May 8, 2007 FL · Metal/Non-Metal outside foreman, leadman STEPPING OR KNEELING ON OBJECT
RMC Florida Group LTD · Struck against stationary object

EE was attempting to climb onto an excavator. A rock on the ground was stepped on; rock gave away resulting in a sprain in lower right foot extremeties.

2006 · 2 incidents

October 20, 2006 FL · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
RMC Florida Group LTD · Struck by... (Not Elsewhere Classified)

Employee was at meeting point of two conveyors splicing an electric cable; making a cut with a utility knife. Employee held cable with left hand and utility knife with right, during process of cuting; cable became loose and moved allowing knife to bypass the cable and lodge into his left wrist.

March 4, 2006 FL · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
RMC Florida Group LTD · Fall from machine

While employee was servicing a loader, the hood locking mechanism came loose and started to fall. EE jumped from the loader to the ground, striking his left rib cage against a 55-gallon oil drum in the servicing area. EE experienced pain in the left rib cage; no specific injuries were visible at the time of reporting.

2004 · 2 incidents

September 9, 2004 FL · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
RMC South Florida Materials, Inc. · Fall from machine

EMPLOYEE WAS SERVICING EQUIPMENT @ END OF SHIFT. AFTER COMPLETION OF REFUELING, HE REENTERED CAB TO TURN ON BOOM LIGHTS. WHEN EXITING, HIS FOOT SLIPPED & HE FELL TO THE GROUND LANDING ON A ROCK. HE FRACTURED HIS LT UPPER ARM IN 2 PLACES. INVESTIGATION REVEALED NO TREAD LEFT ON WORKBOOTS.

April 27, 2004 FL · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY
RMC South Florida Materials, Inc. · Struck by... (Not Elsewhere Classified)

CRUSHER CREW MOVING A CONVEYOR SECTION USING A TRACKHOE WITH A 2 PART SLING & HOOK ASSEMBLY. AFTER DISCONNECTING THE CONVEYOR SECION & SETTING IT ON THE GROUND THE HOOKS WERE REMOVED FROM THE CONVEYOR. THE HOE OPERATOR SWUNG BUCKET, ONE OF THE HOOKS CAUGHT IN THE CONVEYOR FRAME & SWUNG CONVEYOR INTO EE STRIKING HIM IN LOWER LEG.BROKEN BONES IN LEFT LEG & RIGHT ANKLE

2003 · 1 incident

April 6, 2003 FL · Metal/Non-Metal miner, nec POWERED HAULAGE
RMC South Florida Materials, Inc. · Caught in, under or between running or meshing objects

EE WAS CHECKING TENSION ON DRIVE BELT FOR FIELD CONVEYOR WHEN MOTOR STARTED. PINCHED RIGHT HAND BETWEEN BELT & PULLEY. LACEERATED INDEX FINGER. LOCK OUT/TAG OUT PROCEDURE WAS NOT USED.

2002 · 3 incidents

December 5, 2002 FL · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
RMC South Florida Materials · Struck by falling object

PLATE USED FOR BACKSTOP BROKE OFF INSIDE HOPPER. ROCK FELL OUT OF HOPPER AND STRUCK EMPLOYEE ON RIGHT SHOULDER. HE WAS IN MANLIFT GREASING BEARINGS BELOW. HE SUFFERED LACERATION & CONTUSION.

February 20, 2002 FL · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
RMC South Florida Materials · Struck by... (Not Elsewhere Classified)

CHANGING ROLLER AND A PIECE OF METAL SHAVING WHEN IT INTO RIGHT EYE EE WAS WEAVING SAFTETY GLASSES AT THE TIME.

January 7, 2002 FL · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator OTHER
RMC South Florida Materials · Struck by... (Not Elsewhere Classified)

VERY WINDY CONDITIONS-DIRT/DUST BLEW IN EYES. HE WAS CLEANING DIRT OFF OF A CONVEYOR WHEN THE WIND BLEW THE DIRT/DUST INTO HIS EYES. HE WAS NOT WEARING PROVIDED SAFETY GLASSES.

2001 · 2 incidents

September 24, 2001 FL · Metal/Non-Metal backhoe operator, trackhoe operator, crane operator ELECTRICAL
RMC South Florida Materials · Absorption of radiations, caustics, toxic and noxious substances

EE USED A CIGARRETIC LIGHTER TO INSPECT WATER LEVEL IN 12 VOLT BATTERY. BATTERY EXPLODED IN EE'S FACE. SAFETY GLASS WERE BEING.

August 13, 2001 FL · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
RMC South Florida Materials · Fall from machine

EE WAS WORKING IN MANLIFT BASKET. ATTEMPTED TO CLIMB OUT OF BASKET AND SLIPPED OFF RAILING, FALL @4'.

2000 · 1 incident

June 8, 2000 FL · Metal/Non-Metal backhoe operator, trackhoe operator, crane operator SLIP OR FALL OF PERSON
RMC South Florida Materials · Over-exertion (Not Elsewhere Classified)

EXITING CAB ON DRAGLINE & LOST FOOTING ON STEPS TO WALKWAY. LEFT ANKLE SWOLLEN & LEFT KNEE PAINFULL AFTER LEAVING WORK AT 1600 HRS

1999 · 1 incident

January 2, 1999 FL · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Youngquist Brothers Rock · Struck by... (Not Elsewhere Classified)

USING A WATER HOSE TO UNCLOG A CHUTE THROUGH AS ACESS PORT. OPERATOR HAD HOSE AND RIGHT ARM INSIDE ACESS DOOR. MATERIAL BROKE LOOSE AND TWISTED RIGHT ARM. DIAGNOSIS WAS SPRAINED SHOULDER, PART IAL ROTATOR CUFF TEAR.

1998 · 2 incidents

October 17, 1998 FL · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator POWERED HAULAGE
Youngquist Brothers Rock · Caught in, under or between (Not Elsewhere Classified)

EE WAS ADJUSTING IDLER WHILE CONVEYOR WAS RUNNING. BELT CAUGHT TOOL THAT WAS IN HIS LEFT HAND PULLED HAND INTO CONVEYOR

August 27, 1998 FL · Metal/Non-Metal clerk, timekeeper, office worker, director of sales SLIP OR FALL OF PERSON
Youngquist Brothers Rock · Fall to the walkway or working surface

RAMP TO SCALE WAS WET & SLIPPERY. LACERATION TO LEFT LEG REQ 8 STITCHES.