Mining Incidents

Freedom 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
96
citations
23
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.
Inspection activity
MSHA inspections since 2001
58
inspections on record
1,143
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.
96 citations across 1,143 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.
As of the most recent assessment on 2025-11-25.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
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
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
2024 Q2 5,377 2 0 372.0
2024 Q1 3,631 4 0 1101.6
Show 96 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
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

For insurers, brokers, and safety consultants

The full compliance file on Freedom

A dated report covering the 26-year penalty trail, line-item violation pattern, contest and docket posture, rate-normalized peer benchmark, and full fatality history. Delivered as a PDF with the underlying data as CSV.