Mining Incidents

Foster Materials Inc: 72 MSHA citations Metal/Non-Metal

Controlled by David G Foster
Merrimack, Merrimack County, NH  ·  Active
MSHA Mine ID: 2700271

Foster Materials Inc has $10K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
1989–2000
Latest incident
Apr 2000
Compliance record
MSHA citations since 2000
72
citations
17
significant & substantial
$9,791
proposed penalties
$9,791
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
47
inspections on record
575
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: 575 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: 2012-05-08.
On record since 2012.
Source: MSHA imminent-danger order records, updated weekly.

Foster Materials Inc has $10K in proposed MSHA penalties and $0 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.
$10K
proposed penalties
$10K
current assessed
$10K
paid to date
$0
outstanding
70 assessments are final orders; 1 contested dockets.
Of $2K in penalties contested before the Commission, $0 was upheld in final decisions.
As of the most recent assessment on 2026-03-09.
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.
24.3%
significant & substantial
1.4%
high negligence or reckless
24.3%
reasonably likely or greater
68.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 14.3% low, 84.3% moderate, 1.4% 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.
1 citations taken to the federal commission · 1% of citations on record
  • Vacated or withdrawn 1 · 100%
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%
100%
Penalty reduction in decided contests
$2K proposed, $0 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 2012-07-23.
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
YORK 2012-260M Withdrawal Lesnick 2013 $2K → $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: 2022-05-18, 4 years ago
0%
of limit-tested samples over the exposure limit
9
samples
1
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg8
  • Quartz, respirable, >1% Qtz1
Show the individual readings (9)
Date Contaminant Concentration Limit Conc / limit Occupation
2022-05-18 Respirable dust, <.1mg 0 Front-end Loader Operator
2022-05-18 Respirable dust, <.1mg 0 Front-end Loader Operator
2017-04-25 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-05-10 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-08-05 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-08-05 Quartz, respirable, >1% Qtz 0.51 0.92 0.55 Truck Driver
2004-08-05 Respirable dust, <.1mg 0 Crusher Oper/Worker
2000-07-31 Respirable dust, <.1mg 0 Front-end Loader Operator
2000-07-31 Respirable dust, <.1mg 0 Washer 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.
Ownership history
  1. Hopkinton Construction Company Inc 1987 to 1989
  2. Foster Materials Inc 1989 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 4
2025 4
2024 4
2023 4
2022 4
2021 4
2020 4
2019 4
2018 4
2017 4
2016 4
2015 4
2014 3
2013 3
2012 4
2011 4
2010 4
2009 3
2008 4
2007 4
2006 4
2005 4
2004 4
2003 4
2002 4
2001 4
2000 3
Source: MSHA quarterly employment and production, updated weekly.

Foster Materials Inc sits in Merrimack County, New Hampshire, 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.
Merrimack County, New Hampshire · Population 155,018
0.1%
Mining share of county employment
$93,944
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 2,696 0 0 0.0
2026 Q1 1,342 2 0 1490.3
2025 Q4 2,300 0 0 0.0
2025 Q3 2,698 0 0 0.0
2025 Q2 2,666 0 0 0.0
2025 Q1 1,628 0 0 0.0
2024 Q4 2,648 0 0 0.0
2024 Q3 2,623 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 2,723 8 2 2937.9
2024 Q1 1,661 0 0 0.0
2023 Q4 2,624 2 0 762.2
2023 Q3 2,977 0 0 0.0
2023 Q2 2,717 1 1 368.1
2023 Q1 1,629 0 0 0.0
2022 Q4 2,571 0 0 0.0
2022 Q3 2,853 0 0 0.0
2022 Q2 2,623 1 1 381.2
2022 Q1 1,646 0 0 0.0
2021 Q4 2,536 0 0 0.0
2021 Q3 2,840 0 0 0.0
2021 Q2 2,784 0 0 0.0
2021 Q1 1,637 0 0 0.0
2020 Q4 2,382 0 0 0.0
2020 Q3 2,927 0 0 0.0
2020 Q2 2,793 0 0 0.0
2020 Q1 1,693 1 0 590.7
2019 Q4 2,484 0 0 0.0
2019 Q3 2,919 0 0 0.0
2019 Q2 2,729 0 0 0.0
2019 Q1 1,576 0 0 0.0
2018 Q4 2,344 0 0 0.0
2018 Q3 2,851 0 0 0.0
2018 Q2 2,734 0 0 0.0
2018 Q1 1,044 0 0 0.0
2017 Q4 2,240 0 0 0.0
2017 Q3 2,882 0 0 0.0
2017 Q2 2,748 0 0 0.0
2017 Q1 1,137 0 0 0.0
2016 Q4 2,065 0 0 0.0
2016 Q3 2,574 0 0 0.0
2016 Q2 2,526 2 1 791.8
2016 Q1 1,122 0 0 0.0
2015 Q4 2,273 0 0 0.0
2015 Q3 2,667 0 0 0.0
2015 Q2 2,455 2 1 814.7
2015 Q1 1,075 0 0 0.0
2014 Q4 1,864 0 0 0.0
2014 Q3 2,277 0 0 0.0
2014 Q2 2,190 0 0 0.0
2014 Q1 972 0 0 0.0
2013 Q4 2,257 0 0 0.0
2013 Q3 2,227 0 0 0.0
2013 Q2 2,127 0 0 0.0
2013 Q1 1,056 0 0 0.0
2012 Q4 2,005 10 3 4987.5
2012 Q3 2,036 0 0 0.0
2012 Q2 2,225 7 1 3146.1
2012 Q1 1,182 0 0 0.0
2011 Q4 1,862 0 0 0.0
2011 Q3 2,240 0 0 0.0
2011 Q2 2,079 7 1 3367.0
2011 Q1 1,067 0 0 0.0
2010 Q4 1,636 0 0 0.0
2010 Q3 2,151 0 0 0.0
2010 Q2 2,174 0 0 0.0
2010 Q1 1,515 0 0 0.0
2009 Q4 1,754 3 0 1710.4
2009 Q3 2,445 0 0 0.0
2009 Q2 1,908 1 0 524.1
2009 Q1 1,030 0 0 0.0
2008 Q4 1,733 0 0 0.0
2008 Q3 2,256 0 0 0.0
2008 Q2 1,977 0 0 0.0
2008 Q1 1,416 0 0 0.0
2007 Q4 1,825 6 2 3287.7
2007 Q3 2,198 0 0 0.0
2007 Q2 1,934 0 0 0.0
2007 Q1 1,577 0 0 0.0
2006 Q4 1,821 6 3 3294.9
2006 Q3 2,207 0 0 0.0
2006 Q2 2,121 2 0 943.0
2006 Q1 1,528 0 0 0.0
2005 Q4 1,757 0 0 0.0
2005 Q3 2,179 0 0 0.0
2005 Q2 2,470 2 0 809.7
2005 Q1 1,214 0 0 0.0
2004 Q4 2,204 0 0 0.0
2004 Q3 2,695 3 0 1113.2
2004 Q2 2,513 0 0 0.0
2004 Q1 1,287 0 0 0.0
2003 Q4 2,287 0 0 0.0
2003 Q3 2,571 0 0 0.0
2003 Q2 2,206 1 0 453.3
2003 Q1 1,513 0 0 0.0
2002 Q4 2,250 0 0 0.0
2002 Q3 2,505 0 0 0.0
2002 Q2 2,313 2 0 864.7
2002 Q1 1,507 0 0 0.0
2001 Q4 2,066 0 0 0.0
2001 Q3 2,297 0 0 0.0
2001 Q2 2,031 0 0 0.0
2001 Q1 1,437 0 0 0.0
2000 Q4 1,909 0 0 0.0
2000 Q3 2,230 3 1 1345.3
2000 Q2 2,203 0 0 0.0
2000 Q1 1,721 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2000 · 1 incident

April 13, 2000 NH · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Foster Materials Inc · Fall from machine

EE WAS LOADING HIS TRUCK WITH THE 966C LOADER AT OUR SAND PIT 1/4 MILE FROM OUR MAIN OFFICE. AS HE WAS WALKING DOWN THE LOADER LADDER, HE MISSED THE LAST STEP AND FELL TO THE GROUND LANDING ON HIS LEFT HIP.

1999 · 1 incident

April 27, 1999 NH · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Foster Materials Inc · Struck against a moving object

LOADER OPERATOR WAS OPERATING A LOADER HE NORMALLY DOESN'T OPERATE. THIS PARTICULAR LOADER RIDES ROUGHER THAN THE ONE HE OPERATES, AND HE DEVELOPED A STIFF NECK. HE REPORTE DTHS TO ME ON 4-29- 99. I SENT HIM TO THE DR. THE DR. TOLD HIM HE HAD PULLED A NECK MUSCLE. HE TOOK ONE DAY OFF AND REPORTED BACK TO WORK AT FULL CAPACITY.

1989 · 1 incident