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Freedom: 98 MSHA citations Metal/Non-Metal

Controlled by Daniel R Gernatt Jr
Arcade, Cattaraugus County, NY  ·  Active
MSHA Mine ID: 3001539

Freedom has $17K 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
20
Years on record
1987–2025
Latest incident
Mar 2025
Compliance record
MSHA citations since 2001
98
citations
24
significant & substantial
$17,115
proposed penalties
$16,708
paid to date
98% of proposed penalties paid to date, a $407 gap.
Source: MSHA violations data, updated weekly.
See Gernatt Asphalt Products, Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2001
59
inspections on record
1,170
inspection hours
8.4
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.
98 citations across 1,170 inspection hours.
Source: MSHA inspections data, updated weekly.

Freedom has $17K 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.
$17K
proposed penalties
$17K
current assessed
$17K
paid to date
$0
outstanding
96 assessments are final orders; 1 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2025-11-25.
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.
24.5%
significant & substantial
2.0%
high negligence or reckless
24.5%
reasonably likely or greater
46.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 19.4% low, 78.6% moderate, 2.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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
YORK20010079M Settlement Barbour 2001 $2K → $2K
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: 2025-04-17
0%
of limit-tested samples over the exposure limit
41
samples
19
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg22
  • Quartz, respirable, >1% Qtz17
  • Arsenic fumes1
  • Beryllium fumes1
Show the individual readings (53)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-04-17 Respirable dust, <.1mg 0 Crusher Oper/Worker
2025-04-17 Respirable dust, <.1mg 0 Crusher Oper/Worker
2025-04-17 Respirable dust, <.1mg 0 Front-end Loader Operator
2022-11-09 Quartz, respirable, >1% Qtz 0.17 0.53 0.32 Truck Driver
2022-11-09 Respirable dust, <.1mg 0 Backhoe Operator
2022-11-09 Quartz, respirable, >1% Qtz 0.21 0.61 0.34 Truck Driver
2019-12-10 Nickel fumes 0 3 0.00 Welder, etc.
2019-12-10 Molybdenum fumes 0 20 0.00 Welder, etc.
2019-12-10 Manganese fumes 0.2 5 0.04 Welder, etc.
2019-12-10 Magnesium oxide fumes 0.04 20 0.00 Welder, etc.
2019-12-10 Lead fumes 0 450 0.00 Welder, etc.
2019-12-10 Iron oxide fumes 3.97 20 0.20 Welder, etc.
2019-12-10 Zinc oxide fumes 0 10 0.00 Welder, etc.
2019-12-10 Vanadium fumes 0 50 0.00 Welder, etc.
2019-12-10 Cobalt fumes 0 300 0.00 Welder, etc.
2019-12-10 Chromium, insoluble 0 3 0.00 Welder, etc.
2019-12-10 Cadmium oxide fumes 0 100 0.00 Welder, etc.
2019-12-10 Beryllium fumes 0 6 0.00 Welder, etc.
2019-12-10 Arsenic fumes 0 1500 0.00 Welder, etc.
2019-12-10 Copper fumes 14.59 300 0.05 Welder, etc.
2018-04-04 Respirable dust, <.1mg 0 Front-end Loader Operator
2018-04-04 Quartz, respirable, >1% Qtz 0.28 0.54 0.52 Mechanic
2018-04-04 Respirable dust, <.1mg 0 Utility Man
2015-10-21 Quartz, respirable, >1% Qtz 0.27 0.57 0.47 Crusher Oper/Worker
2015-10-21 Quartz, respirable, >1% Qtz 0.35 0.55 0.64 Laborer, Bullgang
2011-05-18 Respirable dust, <.1mg 0 Crusher Oper/Worker
2011-05-18 Quartz, respirable, >1% Qtz 0.17 0.45 0.38 Crusher Oper/Worker
2011-05-18 Respirable dust, <.1mg 0 Crusher Oper/Worker
2011-05-18 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-05-18 Respirable dust, <.1mg 0 Front-end Loader Operator
2006-04-25 Respirable dust, <.1mg 0 Utility Man
2006-04-25 Quartz, respirable, >1% Qtz 0.28 0.42 0.67 Crusher Oper/Worker
2005-10-06 Respirable dust, <.1mg 0 Front-end Loader Operator
2005-10-06 Quartz, respirable, >1% Qtz 0.15 0.49 0.31 Crusher Oper/Worker
2005-10-06 Quartz, respirable, >1% Qtz 0.22 0.6 0.37 Crusher Oper/Worker
2005-10-06 Quartz, respirable, >1% Qtz 0.24 1.33 0.18 Front-end Loader Operator
2005-08-31 Respirable dust, <.1mg 0 Front-end Loader Operator
2005-08-31 Quartz, respirable, >1% Qtz 0.41 0.49 0.84 Laborer, Bullgang
2005-08-31 Quartz, respirable, >1% Qtz 0.16 0.39 0.41 Crusher Oper/Worker
2005-08-31 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-07-27 Quartz, respirable, >1% Qtz 0.16 0.37 0.43 Crusher Oper/Worker
2004-07-27 Respirable dust, <.1mg 0 Bulldozer Operator
2004-07-27 Quartz, respirable, >1% Qtz 0.2 0.34 0.59 Laborer, Bullgang
2004-07-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-07-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2003-08-07 Quartz, respirable, >1% Qtz 0.27 0.43 0.63 Crusher Oper/Worker
2003-08-07 Respirable dust, <.1mg 0 Supervisor, Co. Official
2003-08-07 Respirable dust, <.1mg 0 Front-end Loader Operator
2003-08-07 Respirable dust, <.1mg 0 Backhoe Operator
2003-08-07 Quartz, respirable, >1% Qtz 0.32 1.03 0.31 Mechanic
2001-05-23 Respirable dust, <.1mg 0 Front-end Loader Operator
2001-05-23 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2001-05-23 Quartz, respirable, >1% Qtz 0.14 0.34 0.41 Utility 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.

Freedom recorded 9.00 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.
9.00
total case rate
9.00
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 New York, metal and nonmetal mining averaged 2.08 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 * 9.00 9.00 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2020 * 6.62 6.62 0.000
2019 * 0.00 0.00 0.000
2018 * 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. Gravel Products Inc 1950 to 1986
  2. Gernatt Asphalt Products, Inc. 1986 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 8
2025 8
2024 8
2023 10
2022 13
2021 13
2020 13
2019 12
2018 13
2017 12
2016 12
2015 12
2014 10
2013 10
2012 7
2011 7
2010 7
2009 8
2008 9
2007 9
2006 8
2005 8
2004 8
2003 7
2002 6
2001 7
2000 10
Source: MSHA quarterly employment and production, updated weekly.

Freedom sits in Cattaraugus County, New York, 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.
Cattaraugus County, New York · Population 76,479
0.4%
Mining share of county employment
$58,248
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 5,762 0 0 0.0
2026 Q1 3,891 0 0 0.0
2025 Q4 5,562 2 1 359.6
2025 Q3 7,070 0 0 0.0
2025 Q2 5,934 2 0 337.0
2025 Q1 3,664 0 0 0.0
2024 Q4 6,065 1 0 164.9
2024 Q3 5,906 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 5,377 2 0 372.0
2024 Q1 3,631 4 0 1101.6
2023 Q4 6,510 0 0 0.0
2023 Q3 5,185 0 0 0.0
2023 Q2 5,590 3 0 536.7
2023 Q1 3,665 0 0 0.0
2022 Q4 6,123 4 1 653.3
2022 Q3 8,562 0 0 0.0
2022 Q2 8,778 0 0 0.0
2022 Q1 5,186 0 0 0.0
2021 Q4 7,496 2 1 266.8
2021 Q3 9,390 0 0 0.0
2021 Q2 7,581 2 0 263.8
2021 Q1 4,772 1 0 209.6
2020 Q4 8,410 0 0 0.0
2020 Q3 8,414 0 0 0.0
2020 Q2 8,097 2 1 247.0
2020 Q1 5,268 0 0 0.0
2019 Q4 8,661 3 2 346.4
2019 Q3 8,638 0 0 0.0
2019 Q2 7,292 5 1 685.7
2019 Q1 5,175 0 0 0.0
2018 Q4 8,355 0 0 0.0
2018 Q3 8,732 0 0 0.0
2018 Q2 8,761 0 0 0.0
2018 Q1 6,446 0 0 0.0
2017 Q4 7,936 0 0 0.0
2017 Q3 8,230 0 0 0.0
2017 Q2 8,430 0 0 0.0
2017 Q1 5,358 0 0 0.0
2016 Q4 7,869 9 4 1143.7
2016 Q3 8,446 0 0 0.0
2016 Q2 8,579 0 0 0.0
2016 Q1 5,791 0 0 0.0
2015 Q4 8,304 3 0 361.3
2015 Q3 8,584 0 0 0.0
2015 Q2 7,915 1 1 126.3
2015 Q1 3,618 1 0 276.4
2014 Q4 7,422 0 0 0.0
2014 Q3 7,320 0 0 0.0
2014 Q2 6,332 1 1 157.9
2014 Q1 4,249 0 0 0.0
2013 Q4 7,458 0 0 0.0
2013 Q3 6,860 1 0 145.8
2013 Q2 5,640 0 0 0.0
2013 Q1 3,073 0 0 0.0
2012 Q4 4,370 0 0 0.0
2012 Q3 4,362 0 0 0.0
2012 Q2 4,513 1 0 221.6
2012 Q1 3,649 2 0 548.1
2011 Q4 4,146 0 0 0.0
2011 Q3 4,755 0 0 0.0
2011 Q2 4,587 2 0 436.0
2011 Q1 2,886 0 0 0.0
2010 Q4 4,849 0 0 0.0
2010 Q3 5,493 0 0 0.0
2010 Q2 5,398 2 0 370.5
2010 Q1 2,519 0 0 0.0
2009 Q4 4,752 9 2 1893.9
2009 Q3 5,378 6 2 1115.7
2009 Q2 5,202 0 0 0.0
2009 Q1 2,369 0 0 0.0
2008 Q4 4,548 0 0 0.0
2008 Q3 6,223 0 0 0.0
2008 Q2 5,971 1 0 167.5
2008 Q1 3,265 1 1 306.3
2007 Q4 5,432 0 0 0.0
2007 Q3 6,938 5 2 720.7
2007 Q2 6,621 0 0 0.0
2007 Q1 3,403 2 1 587.7
2006 Q4 4,960 0 0 0.0
2006 Q3 4,144 0 0 0.0
2006 Q2 5,469 1 0 182.8
2006 Q1 3,546 0 0 0.0
2005 Q4 5,236 0 0 0.0
2005 Q3 5,533 0 0 0.0
2005 Q2 5,590 0 0 0.0
2005 Q1 2,923 2 0 684.2
2004 Q4 4,644 0 0 0.0
2004 Q3 6,175 1 0 161.9
2004 Q2 4,942 0 0 0.0
2004 Q1 2,723 0 0 0.0
2003 Q4 4,894 0 0 0.0
2003 Q3 4,993 0 0 0.0
2003 Q2 4,132 0 0 0.0
2003 Q1 3,522 0 0 0.0
2002 Q4 3,212 0 0 0.0
2002 Q3 4,489 2 0 445.5
2002 Q2 3,879 0 0 0.0
2002 Q1 2,167 0 0 0.0
2001 Q4 3,062 5 2 1632.9
2001 Q3 4,527 0 0 0.0
2001 Q2 4,405 5 0 1135.1
2001 Q1 3,876 0 0 0.0
2000 Q4 5,574 0 0 0.0
2000 Q3 6,728 0 0 0.0
2000 Q2 6,231 0 0 0.0
2000 Q1 4,255 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

20 on file

2025 · 1 incident

March 18, 2025 NY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
Gernatt Asphalt Products, Inc. · Struck by flying object

Employees were moving a divider box with a front-end loader and chains. One of the chains broke and stuck the employee in the arm.

2020 · 1 incident

July 8, 2020 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Gernatt Asphalt Products, Inc. · Struck against a moving object

EE was driving a haul truck when EE struck a pothole in the haul road and reported back pain. EE left work at 11:00 am, called off the next two days and saw a physician on 07/14/2020.

2017 · 1 incident

April 7, 2017 NY · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Gernatt Asphalt Products, Inc. · Fall to the walkway or working surface

Employee was cleaning out trailer and somehow fell and fractured wrist. Accident was reported to management on 4/10/17.

2014 · 3 incidents

May 14, 2014 NY · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Gernatt Asphalt Products, Inc. · Over-exertion in pulling or pushing objects

3 employees were assembling conveyor sections to extend the field run. One section was not lined up properly. An employee attempted to pull it into alignment by hand & felt pain in his abdomen. He didn't immediately seek treatment. He later saw a doctor & was diagnosed with a hernia & will be scheduling surgery. He reported the injury on 5/23/14.

March 25, 2014 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Gernatt Asphalt Products, Inc. · Struck by... (Not Elsewhere Classified)

Employee was grinding steel. Wearing safety glasses but no face shield. Material got into his eye.

March 17, 2014 NY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Gernatt Asphalt Products, Inc. · Struck by flying object

Employee was cleaning the spirals of a sand screw with a wire grinding wheel. A wire from the wheel broke off and struck his eye.

2005 · 1 incident

August 17, 2005 NY · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Gernatt Asphalt Products, Inc. · Fall to lower level, (Not Elsewhere Classified)

Employee was guiding a pan onto a lowboy trailer when he fell through a hole in the trailer bed, injuring his knee.

1999 · 1 incident

January 15, 1999 NY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Gernatt Asphalt Products, Inc. · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS CARRYING SKIRT BOARD RUBBER UP A FLIGHT OF STAIRS WHEN HE APPARENTLY PULLED A MUSCLE IN HIS UPPER RIGHT LEG.

1998 · 2 incidents

September 29, 1998 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Gernatt Asphalt Products, Inc. · Fall from scaffolds, walkways, platforms

EE WAS WELDING PIPE ON PLANT TOWER #2 WHEN SCAFFOLD PLANK BROKE, CAUSING EE TO FALL APPROX 5 FT . EE LANDED ON ANGLE IRON CROSS BRACING.

May 12, 1998 NY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Gernatt Asphalt Products, Inc. · Struck by flying object

EE WAS GRINDING STEEL ON TOWER 3 OF THE NEW PLANT. PIECE OF STEEL FLEW IN RT. EYE.

1997 · 1 incident

November 18, 1997 NY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Gernatt Asphalt Products, Inc. · Struck against a moving object

EMPLOYEE WAS OPERATING WA500 LOADER HIT A POT HOLE HE FLEW OUT OF SEAT MICROPHONE FROM RADIO FELL AND LANDED ON SEAT WHEN EMPLOYEE FELL INTO SEAT AGAIN HIT TALIBONE ON MICROPHONE.

1996 · 1 incident

April 25, 1996 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Gernatt Asphalt Products, Inc. · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS WORKING ON BAERINGER CRUSHER AND THREW OUT LEFT HIP.

1995 · 1 incident

June 6, 1995 NY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Gernatt Asphalt Products, Inc. · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS CUTTING PIECE OF WOOD. PIECE OF WOOD CAME UP AND HIT EMPLOYEE IN RIGHT EYE.

1994 · 2 incidents

August 22, 1994 NY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Gernatt Asphalt Products, Inc. · Struck by flying object

EE WAS ATTEMPTING TO REMOVE A LARGE ROCK FROM A CRUSHER. SOME STONE FRAGMENTS FLEW INTO EE LEFT EYE.

August 8, 1994 NY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Gernatt Asphalt Products, Inc. · Over-exertion in pulling or pushing objects

NEW EE, 1ST DAY ON JOB, CLAIMS TO HAVE HURT HIS SHOULDER WHILE PULLING A SIGN OUT OF THE GROUND.

1992 · 1 incident

October 15, 1992 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Gernatt Asphalt Products, Inc. · Over-exertion (Not Elsewhere Classified)

WHILE WALKING FROM TIME CLOCK TO HIS CAR HE TWISTED HIS RIGHT ANKLE-LEFT WORK FOLLOWING DAY @ 11:00 AM.

1991 · 2 incidents

October 29, 1991 NY · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Gernatt Asphalt Products, Inc. · Over-exertion (Not Elsewhere Classified)

WALKING TO INSPECT STONE PILE EMPLOEYE TURNED HIS RIGHT ANKLE-CHIPPED BONE.

March 14, 1991 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman DISORDERS (REPEATED TRAUMA)
Gernatt Asphalt Products, Inc. · Over-exertion in wielding or throwing objects

IT IS ALLEGED THAT REPEATED THROWING OF ROCKS FROM CRUSHER CAUSED EMPLOYEE TO DEVELOP CARPAL TUNNEL SYNDROME (BOTH WRISTS).

1990 · 1 incident

October 27, 1990 NY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
Gernatt Asphalt Products, Inc. · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS SCRAPING WINDSHIELD ON LOADER. GOT PAINS IN HIS BACK.

1987 · 1 incident