Mining Incidents
Search Operators Mines Alerts Research Controllers Fatalgrams About
English Español
← Back to search

Fox Pen/Fly: 101 MSHA citations Metal/Non-Metal

Controlled by Granite Construction Inc
Scobey, Yalobusha County, MS  ·  Abandoned
MSHA Mine ID: 2200689

Fox Pen/Fly has $25K in proposed MSHA penalties and $0 outstanding across 6 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Fox Pen/Fly.

Fatalities
0
Total incidents
9
Years on record
2000–2012
Latest incident
Dec 2012
Compliance record
MSHA citations since 2000
101
citations
19
significant & substantial
$25,056
proposed penalties
$23,720
paid to date
95% of proposed penalties paid to date, a $1,336 gap.
Source: MSHA violations data, updated weekly.
See Memphis Stone & Gravel Company's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
64
inspections on record
822
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: 822 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Fox Pen/Fly has $25K in proposed MSHA penalties and $0 outstanding across 6 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.
$25K
proposed penalties
$24K
current assessed
$24K
paid to date
$0
outstanding
101 assessments are final orders; 6 contested dockets.
Of $14K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2020-02-04.
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.
18.8%
significant & substantial
6.9%
high negligence or reckless
18.8%
reasonably likely or greater
57.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 9.9% low, 83.2% moderate, 6.9% 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.
18 citations taken to the federal commission · 18% of citations on record
  • Settled 13 · 72%
  • Stood as issued 4 · 22%
  • Vacated or withdrawn 1 · 6%
55%
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 11 decided S&S contests · industry: 79%
14%
Penalty reduction in decided contests
$14K proposed, $12K 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 2014-04-22.
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
SE 2014-0250 Settlement Lesnick 2015 $8K → $7K
SE 2013-196M Settlement Lesnick 2013 $3K → $3K
SE 2012-481M Settlement Bulluck 2012 $946 → $285
SE 2010-909M Dismissal Lesnick 2011 $768 → $768
SE 2008-757M Settlement Lesnick 2010 $200 → $200
SE 2010-567M Settlement Lesnick 2011 $200 → $200
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: 2020-02-04, 6 years ago
0%
of limit-tested samples over the exposure limit
12
samples
3
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg7
  • Unlisted Particulate, respirable, <1% Qtz2
  • Arsenic fumes1
  • Beryllium fumes1
Show the individual readings (24)
Date Contaminant Concentration Limit Conc / limit Occupation
2020-02-04 Respirable dust, <.1mg 0 Front-end Loader Operator
2020-02-04 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2020-02-04 Respirable dust, <.1mg 0 Utility Man
2020-02-04 Respirable dust, <.1mg 0 Utility Man
2011-07-19 Iron oxide fumes 0.52 20 0.03 Welder, etc.
2011-07-19 Magnesium oxide fumes 0 20 0.00 Welder, etc.
2011-07-19 Manganese fumes 0.13 5 0.03 Welder, etc.
2011-07-19 Molybdenum fumes 0 20 0.00 Welder, etc.
2011-07-19 Nickel fumes 0 3 0.00 Welder, etc.
2011-07-19 Vanadium fumes 0 50 0.00 Welder, etc.
2011-07-19 Zinc oxide fumes 0.02 10 0.00 Welder, etc.
2011-07-19 Arsenic fumes 0 1500 0.00 Welder, etc.
2011-07-19 Beryllium fumes 0 6 0.00 Welder, etc.
2011-07-19 Cadmium oxide fumes 0 100 0.00 Welder, etc.
2011-07-19 Chromium, insoluble 0 3 0.00 Welder, etc.
2011-07-19 Cobalt fumes 0 300 0.00 Welder, etc.
2011-07-19 Copper fumes 0 300 0.00 Welder, etc.
2011-07-19 Lead fumes 5.49 450 0.01 Welder, etc.
2011-02-16 Unlisted Particulate, respirable, <1% Qtz 0.14 Laborer, Bullgang
2011-02-16 Respirable dust, <.1mg 0 Backhoe Operator
2006-01-31 Quartz, respirable, >1% Qtz 0.39 0.82 0.48 Washer Operator
2006-01-31 Respirable dust, <.1mg 0 Utility Man
2002-06-06 Respirable dust, <.1mg 0 Front-end Loader Operator
2002-06-06 Unlisted Particulate, respirable, <1% Qtz 0.18 Backhoe 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.

Fox Pen/Fly recorded 0.00 reportable injury cases per 100 full-time workers in 2020.

Injury rate, 2020
ⓘ 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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 1.77 and the all-US-mining average was 2.08 cases per 100 workers.
In Mississippi, metal and nonmetal mining averaged 1.78 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
2020 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
2017 * 0.00 0.00 0.000
2016 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 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. Memphis Stone & Gravel Company 1997 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2023 8
2022 14
2021 6
2020 19
2019 22
2018 18
2017 19
2016 18
2015 20
2014 19
2013 17
2012 17
2011 13
2010 10
2009 9
2008 11
2007 10
2006 10
2005 10
2004 10
2003 10
2002 11
2001 11
2000 9
Source: MSHA quarterly employment and production, updated weekly.

Fox Pen/Fly sits in Yalobusha County, Mississippi, where the Census mining category is 0.4% 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.
Yalobusha County, Mississippi · Population 12,439
0.4%
Mining share of county employment
$49,171
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
2023 Q1 133 0 0 0.0
2022 Q4 284 0 0 0.0
2022 Q3 274 0 0 0.0
2022 Q2 21 0 0 0.0
2022 Q1 2,126 0 0 0.0
2021 Q4 21 0 0 0.0
2021 Q3 18 0 0 0.0
2021 Q2 18 0 0 0.0
Show 85 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q1 29 0 0 0.0
2020 Q4 1,028 0 0 0.0
2020 Q3 6,640 0 0 0.0
2020 Q2 8,576 0 0 0.0
2020 Q1 8,068 4 1 495.8
2019 Q4 8,231 0 0 0.0
2019 Q3 9,645 3 0 311.0
2019 Q2 9,504 0 0 0.0
2019 Q1 9,147 0 0 0.0
2018 Q4 6,098 0 0 0.0
2018 Q3 6,572 0 0 0.0
2018 Q2 6,367 0 0 0.0
2018 Q1 5,090 0 0 0.0
2017 Q4 6,140 0 0 0.0
2017 Q3 6,228 3 1 481.7
2017 Q2 6,895 0 0 0.0
2017 Q1 5,774 0 0 0.0
2016 Q4 6,395 1 0 156.4
2016 Q3 9,433 2 0 212.0
2016 Q2 7,027 0 0 0.0
2016 Q1 6,434 1 0 155.4
2015 Q4 6,068 0 0 0.0
2015 Q3 7,260 2 0 275.5
2015 Q2 6,302 0 0 0.0
2015 Q1 3,827 4 2 1045.2
2014 Q4 4,809 0 0 0.0
2014 Q3 9,216 0 0 0.0
2014 Q2 7,880 0 0 0.0
2014 Q1 5,738 8 1 1394.2
2013 Q4 6,294 0 0 0.0
2013 Q3 9,388 0 0 0.0
2013 Q2 10,079 5 0 496.1
2013 Q1 8,285 0 0 0.0
2012 Q4 7,493 4 2 533.8
2012 Q3 8,784 1 0 113.8
2012 Q2 7,495 0 0 0.0
2012 Q1 3,689 4 2 1084.3
2011 Q4 4,828 0 0 0.0
2011 Q3 5,501 5 1 908.9
2011 Q2 5,645 0 0 0.0
2011 Q1 3,921 1 0 255.0
2010 Q4 3,846 0 0 0.0
2010 Q3 2,266 0 0 0.0
2010 Q2 3,122 5 3 1601.5
2010 Q1 4,179 0 0 0.0
2009 Q4 4,702 5 2 1063.4
2009 Q3 3,501 3 1 856.9
2009 Q2 5,356 0 0 0.0
2009 Q1 4,097 0 0 0.0
2008 Q4 4,507 0 0 0.0
2008 Q3 6,771 0 0 0.0
2008 Q2 6,733 1 0 148.5
2008 Q1 5,978 2 0 334.6
2007 Q4 5,805 0 0 0.0
2007 Q3 5,929 0 0 0.0
2007 Q2 6,117 2 0 327.0
2007 Q1 5,931 0 0 0.0
2006 Q4 5,781 0 0 0.0
2006 Q3 7,311 2 0 273.6
2006 Q2 7,615 0 0 0.0
2006 Q1 6,890 7 1 1016.0
2005 Q4 6,667 1 0 150.0
2005 Q3 7,702 0 0 0.0
2005 Q2 6,783 0 0 0.0
2005 Q1 6,748 4 2 592.8
2004 Q4 6,284 0 0 0.0
2004 Q3 7,270 0 0 0.0
2004 Q2 6,883 0 0 0.0
2004 Q1 6,822 0 0 0.0
2003 Q4 6,227 0 0 0.0
2003 Q3 6,097 0 0 0.0
2003 Q2 4,909 5 0 1018.5
2003 Q1 5,149 0 0 0.0
2002 Q4 4,374 0 0 0.0
2002 Q3 4,680 0 0 0.0
2002 Q2 3,729 2 0 536.3
2002 Q1 4,610 0 0 0.0
2001 Q4 3,756 0 0 0.0
2001 Q3 5,243 0 0 0.0
2001 Q2 2,876 0 0 0.0
2001 Q1 3,466 0 0 0.0
2000 Q4 2,577 0 0 0.0
2000 Q3 3,306 0 0 0.0
2000 Q2 2,262 3 0 1326.3
2000 Q1 5,342 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

9 on file

2012 · 2 incidents

December 17, 2012 MS · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Memphis Stone & Gravel Company · Caught in, under or between a moving and a stationary object

Employee was helping to push a 6 inch pipe on to the bed of a truck when he slipped resulting in his hand being smashed between the bed and the pipe.

June 2, 2012 MS · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Memphis Stone & Gravel Company · Over-exertion in lifting objects

Employee states he was shoveling and felt pain in his shoulder.

2011 · 1 incident

May 5, 2011 MS · Metal/Non-Metal ledgeman/hand, quarry man HANDTOOLS (NONPOWERED)
Memphis Stone & Gravel Company · Struck by... (Not Elsewhere Classified)

Employee states he was tightening a bolt on the shaker screen and the bolt broke causing the wrench to strike him in the nose.

2008 · 1 incident

September 16, 2008 MS · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Memphis Stone & Gravel Company · Over-exertion (Not Elsewhere Classified)

Employee states he was climbing down the steps of the trackhoe and felt his left shoulder pop.

2007 · 1 incident

March 16, 2007 MS · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Memphis Stone & Gravel Company · Fall from machine

Employee was getting off of a track hoe that he had loaded onto a low boy, when he slipped and fell from the tracks onto the low boy trailer.

2006 · 2 incidents

August 31, 2006 MS · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator POWERED HAULAGE
Memphis Stone & Gravel Company · Struck by flying object

Employee was wiring up the crusher and as the loader operator was back dragging the yard something blew into the employee's eye.

2002 · 1 incident

November 11, 2002 MS · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Memphis Stone & Gravel Company · Over-exertion (Not Elsewhere Classified)

DIGGING OUT TRACKS ON DOZER HE FELT BURNING SENSATION IN GROIN AREA.

2000 · 1 incident

January 20, 2000 MS · Metal/Non-Metal backhoe operator, trackhoe operator, crane operator SLIP OR FALL OF PERSON
Memphis Stone & Gravel Company · Over-exertion (Not Elsewhere Classified)

EDDIE WAS GETTING OFF OF DRAGLINE AND AS HE STEPPED DOWN TO THE GROUND FELT PAIN IN HIS BACK.