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Fisher Industries Plant 38: 53 MSHA citations Metal/Non-Metal

Controlled by Thomas G Fisher
ANTELOPE WELLS, Grant County, NM  ·  Intermittent
MSHA Mine ID: 2902340

Fisher Industries Plant 38 has $17K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
7
Years on record
2010–2023
Latest incident
Mar 2023
Compliance record
MSHA citations since 2007
53
citations
11
significant & substantial
$16,629
proposed penalties
$16,602
paid to date
100% of proposed penalties paid to date, a $27 gap.
Source: MSHA violations data, updated weekly.
See Fisher Sand & Gravel Company's full MSHA compliance history →
Inspection activity
MSHA inspections since 2007
37
inspections on record
522
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: 522 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
ⓘ A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2024-09-12.
On record since 2024.
Source: MSHA imminent-danger order records, updated weekly.

Fisher Industries Plant 38 has $17K in proposed MSHA penalties and $0 outstanding across 2 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.
$17K
proposed penalties
$17K
current assessed
$17K
paid to date
$0
outstanding
52 assessments are final orders; 2 contested dockets.
Of $227 in penalties contested before the Commission, $100 was upheld in final decisions.
As of the most recent assessment on 2026-05-13.
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.
21.2%
significant & substantial
7.7%
high negligence or reckless
21.2%
reasonably likely or greater
44.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.5% low, 80.8% moderate, 7.7% 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.
2 citations taken to the federal commission · 4% of citations on record
  • Settled 1 · 50%
  • Vacated or withdrawn 1 · 50%
0%
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%
56%
Penalty reduction in decided contests
$227 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 2013-08-26.
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 2013-279M Settlement Miller 2013 $127 → $100
CENT 2013-679M Withdrawal Miller 2013 $100 → $0
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: 2021-09-22, 4 years ago
29%
of limit-tested samples over the exposure limit
11
samples
7
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz82 over
  • Respirable dust, <.1mg2
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (11)
Date Contaminant Concentration Limit Conc / limit Occupation
2011-03-02 Quartz, respirable, >1% Qtz 0.39 0.39 1.00 Laborer, Bullgang
2008-09-23 Quartz, respirable, >1% Qtz 3 0.52 5.77 Cleanup Man
2021-09-22 Quartz, respirable, >1% Qtz 0.44 Crusher Oper/Worker
2021-09-22 Unlisted Particulate, respirable, <1% Qtz 0.15 Front-end Loader Operator
2011-03-02 Quartz, respirable, >1% Qtz 0.22 0.5 0.44 Crusher Oper/Worker
2008-11-13 Quartz, respirable, >1% Qtz 0.13 0.37 0.35 Cleanup Man
2008-09-23 Quartz, respirable, >1% Qtz 0.21 0.47 0.45 Crusher Oper/Worker
2008-09-23 Quartz, respirable, >1% Qtz 0.23 0.57 0.40 Bulldozer Operator
2007-08-01 Respirable dust, <.1mg 0 Laborer, Bullgang
2007-08-01 Respirable dust, <.1mg 0 Laborer, Bullgang
2007-08-01 Quartz, respirable, >1% Qtz 0.16 0.99 0.16 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.

Fisher Industries Plant 38 recorded 7.99 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
ⓘ 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.
7.99
total case rate
7.99
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 2.56 and the all-US-mining average was 3.08 cases per 100 workers.
In New Mexico, metal and nonmetal mining averaged 2.92 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
2011 * 7.99 7.99 0.000
2010 * 7.63 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 2007 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 17
2025 6
2024 4
2023 9
2022 8
2021 4
2020 7
2019 4
2018 1
2017 3
2015 5
2014 9
2013 7
2012 10
2011 9
2010 9
2009 5
2008 4
2007 9
Source: MSHA quarterly employment and production, updated weekly.

Fisher Industries Plant 38 sits in Grant County, New Mexico, where the Census mining category is 6.7% 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.
Grant County, New Mexico · Population 27,856
6.7%
Mining share of county employment
$45,921
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 4,229 6 0 1418.8
2026 Q1 2,551 0 0 0.0
2025 Q4 4,074 0 0 0.0
2025 Q3 2,964 10 0 3373.8
2025 Q2 1,428 0 0 0.0
2025 Q1 466 0 0 0.0
2024 Q4 1,671 0 0 0.0
2024 Q3 661 3 2 4538.6
Show 65 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 1,278 0 0 0.0
2024 Q1 0 0 0
2023 Q4 0 0 0
2023 Q3 2,332 1 1 428.8
2023 Q2 5,080 0 0 0.0
2023 Q1 4,316 0 0 0.0
2022 Q4 2,670 0 0 0.0
2022 Q3 5,710 1 1 175.1
2022 Q2 150 0 0 0.0
2022 Q1 1,376 0 0 0.0
2021 Q4 1,262 0 0 0.0
2021 Q3 1,284 1 0 778.8
2021 Q2 935 0 0 0.0
2021 Q1 2,155 0 0 0.0
2020 Q4 1,460 0 0 0.0
2020 Q3 3,384 0 0 0.0
2020 Q2 1,148 0 0 0.0
2020 Q1 1,508 0 0 0.0
2019 Q4 1,311 0 0 0.0
2019 Q3 405 0 0 0.0
2019 Q2 1,442 0 0 0.0
2019 Q1 1,462 0 0 0.0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 550 0 0 0.0
2017 Q4 2,270 0 0 0.0
2017 Q3 1,412 0 0 0.0
2017 Q2 1,119 0 0 0.0
2017 Q1 0 0 0
2015 Q4 2,905 0 0 0.0
2015 Q3 2,009 0 0 0.0
2015 Q2 0 0 0
2015 Q1 1,849 0 0 0.0
2014 Q4 1,998 0 0 0.0
2014 Q3 4,941 0 0 0.0
2014 Q2 5,470 1 1 182.8
2014 Q1 2,696 2 1 741.8
2013 Q4 1,280 0 0 0.0
2013 Q3 4,682 0 0 0.0
2013 Q2 2,194 0 0 0.0
2013 Q1 3,006 0 0 0.0
2012 Q4 4,002 2 0 499.8
2012 Q3 1,423 0 0 0.0
2012 Q2 5,252 1 0 190.4
2012 Q1 3,062 0 0 0.0
2011 Q4 7,154 1 0 139.8
2011 Q3 8,725 0 0 0.0
2011 Q2 3,103 0 0 0.0
2011 Q1 6,037 2 0 331.3
2010 Q4 6,925 0 0 0.0
2010 Q3 8,127 3 0 369.1
2010 Q2 8,762 0 0 0.0
2010 Q1 2,389 5 2 2092.9
2009 Q4 1,716 0 0 0.0
2009 Q3 1,796 0 0 0.0
2009 Q2 2,062 2 1 969.9
2009 Q1 6,267 0 0 0.0
2008 Q4 2,779 3 0 1079.5
2008 Q3 4,435 0 0 0.0
2008 Q2 3,243 2 0 616.7
2008 Q1 3,016 0 0 0.0
2007 Q4 5,195 3 1 577.5
2007 Q3 2,610 2 0 766.3
2007 Q2 15,476 2 1 129.2
No fatalities recorded at this mine.

Reportable incidents

7 on file

2023 · 1 incident

2022 · 3 incidents

November 22, 2022 NM · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Fisher Sand & Gravel Company · Over-exertion (Not Elsewhere Classified)

Changing dozer bolts

2014 · 1 incident

September 2, 2014 NM · Metal/Non-Metal outside foreman, leadman ELECTRICAL
Fisher Sand & Gravel Company · Flash burns (electric)

Employee was changing fuses on panel, fuses touched each other and caused burns to the employee.

2011 · 1 incident

June 10, 2011 NM · Metal/Non-Metal greaser, grease man, oiler, lube man, dragline oiler MACHINERY
Fisher Sand & Gravel Company · Contact with hot objects or substances

EE was welding, slag got on EE's boot, resulting in a burn to his top left foot. Went to the doctor and medication was prescribed.

2010 · 1 incident

May 17, 2010 NM · Metal/Non-Metal outside foreman, leadman HANDLING OF MATERIALS
Fisher Sand & Gravel Company · Over-exertion in pulling or pushing objects

Employee was pulling on a tie wire while cleaning debris around screen on crusher, felt a slight twinge in back then was ok. He then woke up with severe back pain the next morning. Went to the doctor and medication was prescribed.