Mining Incidents

Fountain Pit: 109 MSHA citations Metal/Non-Metal

Schmidt Aggregates · Surface
Controlled by Edward C Levy Jr
Fountain, El Paso County, CO  ·  Active
MSHA Mine ID: 0503197

Fountain Pit has $15K 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
19
Years on record
1985–2025
Latest incident
May 2025
Compliance record
MSHA citations since 2000
109
citations
25
significant & substantial
$14,670
proposed penalties
$14,359
paid to date
98% of proposed penalties paid to date, a $311 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
68
inspections on record
906
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: 906 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Fountain Pit has $15K 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.
$15K
proposed penalties
$14K
current assessed
$14K
paid to date
$0
outstanding
106 assessments are final orders; 1 contested dockets.
Of $1K in penalties contested before the Commission, $800 was upheld in final decisions.
As of the most recent assessment on 2026-06-11.
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.
22.9%
significant & substantial
0.9%
high negligence or reckless
22.9%
reasonably likely or greater
51.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.9% low, 87.2% moderate, 0.9% 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
  • Settled 1 · 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 1 decided S&S contests · industry: 79%
28%
Penalty reduction in decided contests
$1K proposed, $800 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 2011-11-22.
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
WEST 2012-240M Settlement Lesnick 2012 $1K → $800
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: 2024-05-09
8%
of limit-tested samples over the exposure limit
34
samples
12
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz161 over
  • Respirable dust, <.1mg17
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (34)
Date Contaminant Concentration Limit Conc / limit Occupation
2001-07-18 Quartz, respirable, >1% Qtz 1.24 0.83 1.49 Laborer, Bullgang
2024-05-09 Respirable dust, <.1mg 0 Front-end Loader Operator
2024-05-09 Quartz, respirable, >1% Qtz 0.52 0.73 0.71 Front-end Loader Operator
2024-05-09 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2024-05-09 Quartz, respirable, >1% Qtz 0.24 0.76 0.32 Laborer, Bullgang
2023-04-19 Quartz, respirable, >1% Qtz 0.28 0.61 0.46 Front-end Loader Operator
2023-04-19 Quartz, respirable, >1% Qtz 0.29 Laborer, Bullgang
2023-04-19 Quartz, respirable, >1% Qtz 0.15 0.6 0.25 Laborer, Bullgang
2023-04-19 Respirable dust, <.1mg 0 Front-end Loader Operator
2022-09-28 Quartz, respirable, >1% Qtz 0.17 Front-end Loader Operator
2022-09-28 Quartz, respirable, >1% Qtz 0.34 0.9 0.38 Laborer, Bullgang
2022-09-28 Respirable dust, <.1mg 0 Mechanic
2022-09-28 Quartz, respirable, >1% Qtz 0.19 Mechanic
2020-01-29 Respirable dust, <.1mg 0 Laborer, Bullgang
2020-01-29 Respirable dust, <.1mg 0 Supervisor, Co. Official
2020-01-29 Quartz, respirable, >1% Qtz 0.51 Crusher Oper/Worker
2020-01-29 Respirable dust, <.1mg 0 Front-end Loader Operator
2016-11-17 Quartz, respirable, >1% Qtz 0.12 0.72 0.17 Laborer, Bullgang
2016-11-17 Respirable dust, <.1mg 0 Laborer, Bullgang
2016-09-27 Quartz, respirable, >1% Qtz 0.4 1.29 0.31 Front-end Loader Operator
2016-09-27 Quartz, respirable, >1% Qtz 0.21 0.72 0.29 Laborer, Bullgang
2016-09-27 Respirable dust, <.1mg 0 Crusher Oper/Worker
2012-04-12 Quartz, respirable, >1% Qtz 0.17 1.12 0.15 Laborer, Bullgang
2012-04-12 Respirable dust, <.1mg 0 Truck Driver
2012-04-12 Respirable dust, <.1mg 0 Front-end Loader Operator
2007-01-24 Respirable dust, <.1mg 0 Laborer, Bullgang
2007-01-24 Respirable dust, <.1mg 0 Laborer, Bullgang
2007-01-24 Respirable dust, <.1mg 0 Laborer, Bullgang
2006-08-02 Unlisted Particulate, respirable, <1% Qtz 0.18 Front-end Loader Operator
2006-08-02 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2006-08-02 Respirable dust, <.1mg 0 Front-end Loader Operator
2002-05-21 Quartz, respirable, >1% Qtz 0.21 0.56 0.38 Laborer, Bullgang
2001-07-18 Respirable dust, <.1mg 0 Backhoe Operator
2001-07-18 Quartz, respirable, >1% Qtz 0.34 0.51 0.67 Laborer, Bullgang
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.

Fountain Pit recorded 6.56 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.
6.56
total case rate
0.00
days-away rate
0.000
fatality rate
Above 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 Colorado, metal and nonmetal mining averaged 1.64 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 * 6.56 0.00 0.000
2024 * 7.35 7.35 0.000
2023 * 19.72 0.00 0.000
2001 * 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. Schmidt-Tiago Construction Company 1978 to 1980
  2. Schmidt-Tiago Construction Company 1980 to 1985
  3. Cooley Gravel Company Of Colorado Springs Inc 1985 to 1988
  4. Cooley Gravel Company Of Colorado Springs Inc 1988 to 1990
  5. Schmidt Aggregates 1990 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 6
2025 12
2024 11
2023 9
2022 6
2021 7
2020 6
2019 5
2018 4
2017 6
2016 7
2015 6
2014 4
2013 5
2012 5
2011 5
2010 3
2009 1
2008 6
2007 7
2006 8
2005 6
2004 7
2003 6
2002 7
2001 8
2000 8
Source: MSHA quarterly employment and production, updated weekly.

Fountain Pit sits in El Paso County, Colorado, where the Census mining category is 0.2% 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.
El Paso County, Colorado · Population 736,008
0.2%
Mining share of county employment
$87,470
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 4,870 3 1 616.0
2026 Q1 4,282 0 0 0.0
2025 Q4 6,667 0 0 0.0
2025 Q3 8,237 0 0 0.0
2025 Q2 8,510 0 0 0.0
2025 Q1 7,084 0 0 0.0
2024 Q4 6,585 0 0 0.0
2024 Q3 7,473 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 7,270 4 0 550.2
2024 Q1 5,868 0 0 0.0
2023 Q4 6,121 3 0 490.1
2023 Q3 5,556 0 0 0.0
2023 Q2 4,405 3 1 681.0
2023 Q1 4,199 4 0 952.6
2022 Q4 3,573 0 0 0.0
2022 Q3 4,210 0 0 0.0
2022 Q2 3,285 0 0 0.0
2022 Q1 2,221 1 0 450.2
2021 Q4 3,357 0 0 0.0
2021 Q3 3,713 1 0 269.3
2021 Q2 4,781 0 0 0.0
2021 Q1 3,741 0 0 0.0
2020 Q4 4,124 3 0 727.4
2020 Q3 4,076 0 0 0.0
2020 Q2 3,336 3 1 899.3
2020 Q1 2,819 1 0 354.7
2019 Q4 3,200 0 0 0.0
2019 Q3 3,955 0 0 0.0
2019 Q2 3,756 0 0 0.0
2019 Q1 3,039 0 0 0.0
2018 Q4 2,780 0 0 0.0
2018 Q3 1,571 0 0 0.0
2018 Q2 1,905 0 0 0.0
2018 Q1 3,214 1 0 311.1
2017 Q4 4,302 0 0 0.0
2017 Q3 4,113 0 0 0.0
2017 Q2 3,576 2 1 559.3
2017 Q1 3,519 0 0 0.0
2016 Q4 4,184 2 0 478.0
2016 Q3 4,570 5 0 1094.1
2016 Q2 4,865 0 0 0.0
2016 Q1 4,283 0 0 0.0
2015 Q4 4,499 2 1 444.5
2015 Q3 3,632 0 0 0.0
2015 Q2 2,499 2 0 800.3
2015 Q1 2,752 5 0 1816.9
2014 Q4 2,365 0 0 0.0
2014 Q3 2,247 0 0 0.0
2014 Q2 2,049 0 0 0.0
2014 Q1 2,026 0 0 0.0
2013 Q4 2,159 0 0 0.0
2013 Q3 2,725 0 0 0.0
2013 Q2 2,149 4 0 1861.3
2013 Q1 2,684 0 0 0.0
2012 Q4 2,729 0 0 0.0
2012 Q3 2,833 0 0 0.0
2012 Q2 2,087 0 0 0.0
2012 Q1 2,289 1 1 436.9
2011 Q4 3,567 0 0 0.0
2011 Q3 2,687 2 1 744.3
2011 Q2 3,199 0 0 0.0
2011 Q1 2,446 0 0 0.0
2010 Q4 1,196 0 0 0.0
2010 Q3 2,236 0 0 0.0
2010 Q2 982 0 0 0.0
2010 Q1 502 0 0 0.0
2009 Q4 566 0 0 0.0
2009 Q3 567 0 0 0.0
2009 Q2 694 0 0 0.0
2009 Q1 739 1 0 1353.2
2008 Q4 2,363 0 0 0.0
2008 Q3 2,939 0 0 0.0
2008 Q2 2,892 0 0 0.0
2008 Q1 3,801 1 0 263.1
2007 Q4 5,428 0 0 0.0
2007 Q3 3,473 0 0 0.0
2007 Q2 3,198 0 0 0.0
2007 Q1 3,202 0 0 0.0
2006 Q4 3,745 0 0 0.0
2006 Q3 4,731 2 0 422.7
2006 Q2 4,512 0 0 0.0
2006 Q1 4,156 0 0 0.0
2005 Q4 3,971 7 0 1762.8
2005 Q3 3,898 0 0 0.0
2005 Q2 3,720 2 1 537.6
2005 Q1 4,414 0 0 0.0
2004 Q4 3,651 0 0 0.0
2004 Q3 4,017 0 0 0.0
2004 Q2 4,482 0 0 0.0
2004 Q1 3,941 0 0 0.0
2003 Q4 4,649 15 6 3226.5
2003 Q3 4,207 0 0 0.0
2003 Q2 4,273 1 0 234.0
2003 Q1 3,736 0 0 0.0
2002 Q4 3,873 4 2 1032.8
2002 Q3 3,575 0 0 0.0
2002 Q2 4,885 7 2 1433.0
2002 Q1 4,322 0 0 0.0
2001 Q4 5,496 0 0 0.0
2001 Q3 6,921 4 2 578.0
2001 Q2 5,966 0 0 0.0
2001 Q1 4,244 0 0 0.0
2000 Q4 4,705 3 1 637.6
2000 Q3 4,115 0 0 0.0
2000 Q2 4,877 0 0 0.0
2000 Q1 5,511 9 4 1633.1
No fatalities recorded at this mine.

Reportable incidents

19 on file

2025 · 1 incident

May 9, 2025 CO · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Schmidt Aggregates · Struck by flying object

While lifting angle iron with a telehandler, a fork caught on a welded piece of metal on the side of the scale platform. When the weld broke, the fork sprang upward, jolting the angle iron upward, which struck the mechanic's jaw. First aid was applied, but on 5/21/25 EE reported ongoing pain. On 5/27/25, a CT scan revealed a closed fracture of the right maxilla.

2024 · 1 incident

March 20, 2024 CO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Schmidt Aggregates · Struck by... (Not Elsewhere Classified)

While cleaning in a tight area with shovels, another employee slipped in the mud and impacted the employee in the mouth with the wood handle of a shovel.

2023 · 2 incidents

March 2, 2023 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Schmidt Aggregates · Struck by... (Not Elsewhere Classified)

The pigtail of a crane swung and caught the employee. Knocked off forehead and caused a laceration on EE's forehead.

March 1, 2023 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Schmidt Aggregates · Struck by... (Not Elsewhere Classified)

A piece of metal from grinding fell under the safety glasses and got into the eye. Significant delay in reporting the injury.

2022 · 2 incidents

October 19, 2022 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Schmidt Aggregates · Inhalation of radiations, caustics, toxic and noxious substances

While scooping dirt, the fire extinguisher at the employee's feet discharged spraying employee's left side and face. EE drove the skid steer to the air compressor and blew the powder off person and the cab of the skid steer and let the supervisor know. EE was still experiencing shortness of breath days later so EE got an inhaler to assist in reducing symptoms.

September 19, 2022 CO · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Schmidt Aggregates · Over-exertion (Not Elsewhere Classified)

Miners were replacing a screen bearing at SR07 at the Fountain Pit Plant. They had to take tools and new parts up and down the catwalk area which is at an incline and work on the bearing replacement. An employee reported the next morning when EE got to work that when EE got home the night before, EE started feeling soreness around the lower back and right hip area.

2008 · 1 incident

June 6, 2008 CO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Schmidt Aggregates · Fall from machine

Employee had mud on his boots. As he dismounted his loader, his foot slipped off the bottom rung. He fell to the ground spraining his right ankle.

2006 · 1 incident

May 18, 2006 CO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Schmidt Aggregates · Fall onto or against objects

Loader operator climbed down from cab of loader, he turned around, once he got to the ground & started to walk away from the loader he stepped into a hole & fell forward. His left knee struck a 5"rock that way laying on the ground.

2003 · 1 incident

October 3, 2003 CO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Schmidt Aggregates · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS CLIMBING UP LADDER TO GET IN LOADER CAB & HIS FOOT SLIPPED OFF THE LADDER RUNG. WHEN HE SLIPPED, THE WEIGHT OF HIS BODY PUT A STRAIN ON HIS RIGHT SHOULDER.

2002 · 2 incidents

July 13, 2002 CO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
Schmidt Aggregates · Struck by... (Not Elsewhere Classified)

EE CUTTING CONVEYOR BELT WITH UTILITY KNIFE. KNIFE SLIPPED & CUT INTO LEFT PALM OF HAND. 7 STITCHES REQUIRED.

April 13, 2002 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Schmidt Aggregates · Over-exertion in lifting objects

EE WAS LIFTING UP ON A CONVEYOR BELT WHILE ANOTHER EE WAS CHANGING OUT A RETURN ROLLER.

2000 · 1 incident

December 7, 2000 CO · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Schmidt Aggregates · Caught in, under or between (Not Elsewhere Classified)

EE WAS HELPING TO RAISE A SUBMERSIBLE PUMP WITH A CHAIN WRAPPED AROUND THE FRAME. THE CHAIN SLIPPED PINCHING FINGER BETWEEN FRAME AND CHAIN.

1998 · 1 incident

August 8, 1998 CO · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Schmidt Aggregates · Over-exertion (Not Elsewhere Classified)

THE EMPLOYEE WAS WORKING ON A CONVEYOR BELT AND GOT IN A BAD POSITION. WHILE WORKING HIS WAY OUT FROM UNDER THE CONVEYOR, HE STRAINED HIS LOWER BACK.

1993 · 1 incident

March 24, 1993 CO · Metal/Non-Metal greaser, grease man, oiler, lube man, dragline oiler HANDLING OF MATERIALS
Schmidt Aggregates · Over-exertion in pulling or pushing objects

EE STATES THAT WHITE HE WAS PULLING A CONVEYOR BELT HE TWISTED HIS LOWER BACK.

1992 · 1 incident

October 13, 1992 CO · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Schmidt Aggregates · Struck by... (Not Elsewhere Classified)

WHILE CUTTING CONVEYOR BELT WITH KNIFE CUT LEFT THUMB. REQUIRED STITCHES.

1986 · 2 incidents

1985 · 2 incidents