Mining Incidents

Fisher Industries Plant 32: 90 MSHA citations Metal/Non-Metal

Controlled by Thomas G Fisher
FORT WINGATE, Mckinley County, NM  ·  Intermittent
MSHA Mine ID: 2902186

Fisher Industries Plant 32 has $30K in proposed MSHA penalties and $0 outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
1999–2002
Latest incident
Nov 2002
Compliance record
MSHA citations since 2001
90
citations
24
significant & substantial
$29,752
proposed penalties
$29,714
paid to date
100% of proposed penalties paid to date, a $38 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
57
inspections on record
736
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: 736 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Fisher Industries Plant 32 has $30K in proposed MSHA penalties and $0 outstanding across 7 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.
$30K
proposed penalties
$30K
current assessed
$30K
paid to date
$0
outstanding
90 assessments are final orders; 7 contested dockets.
Of $17K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2025-08-27.
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.
26.7%
significant & substantial
4.4%
high negligence or reckless
25.6%
reasonably likely or greater
63.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.8% low, 87.8% moderate, 4.4% 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.
7 citations taken to the federal commission · 8% of citations on record
  • Settled 5 · 71%
  • Vacated or withdrawn 2 · 29%
67%
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%
47%
Penalty reduction in decided contests
$6K proposed, $3K 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 2021-09-29.
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
CENT20000436M Settlement Barbour 2000 $11K → $10K
CENT 2018-0033 Settlement Lesnick 2018 $2K → $2K
CENT 2007-140M Vacate Manning 2007 $2K → $0
CENT 2012-233M Settlement Simonton 2012 $200 → $100
CENT 2010-71M Settlement 2010 $138 → $100
CENT 2021-0214 Settlement 2022 $125 → $125
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: 2024-04-17
41%
of limit-tested samples over the exposure limit
24
samples
17
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz187 over
  • Respirable dust, <.1mg6
Show the individual readings (24)
Date Contaminant Concentration Limit Conc / limit Occupation
2021-07-14 Quartz, respirable, >1% Qtz 0.55 0.51 1.08 Crusher Oper/Worker
2009-09-02 Quartz, respirable, >1% Qtz 0.41 0.37 1.11 Laborer, Bullgang
2008-07-02 Quartz, respirable, >1% Qtz 0.88 0.78 1.13 Laborer, Bullgang
2004-09-16 Quartz, respirable, >1% Qtz 0.43 0.22 1.95 Front-end Loader Operator
2004-09-16 Quartz, respirable, >1% Qtz 0.29 0.14 2.07 Crusher Oper/Worker
2004-05-19 Quartz, respirable, >1% Qtz 0.63 0.13 4.85 Crusher Oper/Worker
2004-05-19 Quartz, respirable, >1% Qtz 0.65 0.18 3.61 Front-end Loader Operator
2024-04-17 Quartz, respirable, >1% Qtz 0.37 1.27 0.29 Laborer, Bullgang
2024-04-17 Quartz, respirable, >1% Qtz 0.17 Crusher Oper/Worker
2021-07-14 Quartz, respirable, >1% Qtz 0.41 0.6 0.68 Bobcat Operator
2021-07-14 Quartz, respirable, >1% Qtz 0.36 1.12 0.32 Front-end Loader Operator
2016-10-12 Respirable dust, <.1mg 0 Mechanic
2016-10-12 Respirable dust, <.1mg 0 Mechanic
2016-10-12 Respirable dust, <.1mg 0 Mechanic
2012-02-29 Quartz, respirable, >1% Qtz 0.14 0.94 0.15 Front-end Loader Operator
2012-02-29 Respirable dust, <.1mg 0 Crusher Oper/Worker
2010-04-07 Respirable dust, <.1mg 0 Crusher Oper/Worker
2010-04-07 Quartz, respirable, >1% Qtz 0.14 0.45 0.31 Laborer, Bullgang
2009-09-02 Quartz, respirable, >1% Qtz 0.36 0.4 0.90 Crusher Oper/Worker
2008-07-02 Quartz, respirable, >1% Qtz 0.21 0.73 0.29 Crusher Oper/Worker
2008-07-02 Quartz, respirable, >1% Qtz 0.13 0.6 0.22 Front-end Loader Operator
2008-07-02 Quartz, respirable, >1% Qtz 0.24 0.88 0.27 Supervisor, Co. Official
2004-11-09 Quartz, respirable, >1% Qtz 0.25 0.35 0.71 Crusher Oper/Worker
2004-05-19 Respirable dust, <.1mg 0 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.

Fisher Industries Plant 32 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 New Mexico, metal and nonmetal mining averaged 2.62 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
2006 * 0.00 0.00 0.000
2004 * 0.00 0.00 0.000
2003 * 0.00 0.00 0.000
2002 * 6.63 6.63 0.000
2000 * 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. Fisher Sand & Gravel Company 1999 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 7
2025 7
2024 11
2023 9
2022 6
2021 5
2020 7
2019 4
2018 9
2017 6
2016 5
2015 9
2014 7
2013 9
2012 10
2011 6
2010 5
2009 11
2008 7
2007 5
2006 8
2005 1
2004 10
2003 14
2002 11
2001 3
2000 17
Source: MSHA quarterly employment and production, updated weekly.

Fisher Industries Plant 32 sits in McKinley County, New Mexico, where the Census mining category is 0.7% 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.
McKinley County, New Mexico · Population 71,172
0.7%
Mining share of county employment
$44,496
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 4,851 0 0 0.0
2026 Q1 480 0 0 0.0
2025 Q3 2,191 3 0 1369.2
2025 Q2 790 0 0 0.0
2025 Q1 619 1 0 1615.5
2024 Q4 3,240 0 0 0.0
2024 Q3 5,311 0 0 0.0
2024 Q2 2,656 1 0 376.5
Show 94 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 3,782 3 1 793.2
2023 Q4 4,441 0 0 0.0
2023 Q3 2,939 0 0 0.0
2023 Q2 1,485 8 1 5387.2
2023 Q1 1,070 0 0 0.0
2022 Q4 1,847 0 0 0.0
2022 Q3 904 0 0 0.0
2022 Q2 1,713 0 0 0.0
2022 Q1 712 0 0 0.0
2021 Q4 3,162 0 0 0.0
2021 Q3 1,519 1 0 658.3
2021 Q2 1,312 0 0 0.0
2021 Q1 2,534 0 0 0.0
2020 Q4 8,038 0 0 0.0
2020 Q3 3,167 0 0 0.0
2020 Q2 2,338 0 0 0.0
2020 Q1 180 0 0 0.0
2019 Q4 229 0 0 0.0
2019 Q3 1,319 0 0 0.0
2019 Q2 1,771 1 0 564.7
2019 Q1 429 0 0 0.0
2018 Q4 2,391 0 0 0.0
2018 Q3 4,241 2 0 471.6
2018 Q2 4,930 0 0 0.0
2018 Q1 4,691 0 0 0.0
2017 Q4 5,573 4 0 717.7
2017 Q3 3,316 1 1 301.6
2017 Q2 0 0 0
2017 Q1 883 0 0 0.0
2016 Q4 2,772 1 0 360.8
2016 Q3 625 0 0 0.0
2016 Q2 2,759 1 0 362.5
2016 Q1 1,096 0 0 0.0
2015 Q4 3,122 0 0 0.0
2015 Q3 6,541 1 0 152.9
2015 Q2 3,271 0 0 0.0
2015 Q1 2,341 0 0 0.0
2014 Q4 4,916 0 0 0.0
2014 Q3 2,040 0 0 0.0
2014 Q2 3,982 0 0 0.0
2014 Q1 3,002 0 0 0.0
2013 Q4 492 1 1 2032.5
2013 Q3 1,760 0 0 0.0
2013 Q2 4,687 0 0 0.0
2013 Q1 5,191 0 0 0.0
2012 Q4 3,754 0 0 0.0
2012 Q3 3,036 0 0 0.0
2012 Q2 6,734 0 0 0.0
2012 Q1 2,903 1 0 344.5
2011 Q4 3,409 5 1 1466.7
2011 Q3 3,315 0 0 0.0
2010 Q3 4,373 0 0 0.0
2010 Q2 4,346 0 0 0.0
2010 Q1 3,682 0 0 0.0
2009 Q4 7,541 0 0 0.0
2009 Q3 13,948 3 1 215.1
2009 Q2 8,088 0 0 0.0
2009 Q1 5,956 4 2 671.6
2008 Q4 4,725 0 0 0.0
2008 Q3 5,782 2 0 345.9
2008 Q2 5,962 0 0 0.0
2008 Q1 4,888 0 0 0.0
2007 Q4 4,117 7 3 1700.3
2007 Q3 3,751 6 2 1599.6
2007 Q2 4,816 7 1 1453.5
2007 Q1 4,122 0 0 0.0
2006 Q4 9,706 0 0 0.0
2006 Q3 15,065 14 6 929.3
2006 Q2 0 0 0
2006 Q1 1,906 0 0 0.0
2005 Q4 944 0 0 0.0
2005 Q3 855 0 0 0.0
2005 Q2 0 0 0
2005 Q1 0 0 0
2004 Q4 2,232 0 0 0.0
2004 Q3 12,580 0 0 0.0
2004 Q2 12,574 2 0 159.1
2004 Q1 2,030 1 0 492.6
2003 Q4 8,416 0 0 0.0
2003 Q3 9,438 3 0 317.9
2003 Q2 7,568 0 0 0.0
2003 Q1 11,654 0 0 0.0
2002 Q4 10,097 0 0 0.0
2002 Q3 6,877 0 0 0.0
2002 Q2 6,581 0 0 0.0
2002 Q1 6,613 0 0 0.0
2001 Q4 8,729 0 0 0.0
2001 Q3 0 4 3
2001 Q2 0 0 0
2001 Q1 0 0 0
2000 Q4 8,515 0 0 0.0
2000 Q3 8,462 0 0 0.0
2000 Q2 13,841 0 0 0.0
2000 Q1 13,605 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2002 · 1 incident

November 23, 2002 NM · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Over-exertion in lifting objects

EE WAS LIFTING WEAR PARTS INTO CRUSHER & STRAINED CAUSING HERNIA.

2001 · 1 incident

November 30, 2001 NM · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall onto or against objects

EE WAS GETTING INTO SKIDSTEER AND SLIPPED AND INJURED LEFT LEG.

1999 · 1 incident

November 14, 1999 NM · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger SLIP OR FALL OF PERSON
Fisher Sand & Gravel Company · Fall from machine

EMPLOYEE JUMPED FROM A CONVEYER AND INJURED HIS BACK AND KNEES.