Mining Incidents

Kermit Sand: 152 MSHA citations Metal/Non-Metal

Iron Oak Sand LLC · Surface
Kermit, Winkler County, TX  ·  Active
MSHA Mine ID: 4105310

Kermit Sand has $75K in proposed MSHA penalties and $7K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
15
Years on record
2018–2025
Latest incident
Sep 2025
Compliance record
MSHA citations since 2018
152
citations
23
significant & substantial
$74,772
proposed penalties
$68,117
paid to date
91% of proposed penalties paid to date, a $6,655 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2018
44
inspections on record
1,039
inspection hours
14.6
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.
152 citations across 1,039 inspection hours.
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.
2
Section 107(a) orders
Most recent order: 2023-08-08.
On record since 2018.
Source: MSHA imminent-danger order records, updated weekly.

Kermit Sand has $75K in proposed MSHA penalties and $7K outstanding across 3 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.
$75K
proposed penalties
$75K
current assessed
$68K
paid to date
$7K
outstanding
142 assessments are final orders; 3 contested dockets.
Of $1K in penalties contested before the Commission, $472 was upheld in final decisions.
As of the most recent assessment on 2026-02-25.
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.
15.6%
significant & substantial
9.5%
high negligence or reckless
15.6%
reasonably likely or greater
32.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.4% low, 85.0% moderate, 9.5% 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.
11 citations taken to the federal commission · 7% of citations on record
  • Settled 4 · 36%
  • Vacated or withdrawn 2 · 18%
  • Still open 5 · 45%
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 3 decided S&S contests · industry: 79%
57%
Penalty reduction in decided contests
$1K proposed, $472 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 2026-05-26.
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
CENT 2018-0283 Withdrawal Feldman 2018 $557 → $0
CENT 2018-0407 Settlement Feldman 2019 $545 → $472
CENT 2026-0193 Decision pending
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: 2026-03-03
9
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg8
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (9)
Date Contaminant Concentration Limit Conc / limit Occupation
2026-03-03 Respirable dust, <.1mg 0 Laborer, Bullgang
2026-03-03 Respirable dust, <.1mg 0 Laborer, Bullgang
2026-03-03 Respirable dust, <.1mg 0 Laborer, Bullgang
2025-06-11 Unlisted Particulate, respirable, <1% Qtz 117.93 Laborer, Bullgang
2025-06-11 Respirable dust, <.1mg 0 Building Repair/Maint.
2025-06-11 Respirable dust, <.1mg 0 Cleanup Man
2025-06-11 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2023-07-29 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2023-07-29 Respirable dust, <.1mg 0 Dry Screen Plant 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.

Kermit Sand recorded 2.81 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.
2.81
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 Texas, metal and nonmetal mining averaged 1.17 cases per 100 workers that year.
Year total case rate days-away fatal
2025 2.81 0.00 0.000
2024 2.53 1.26 0.000
2023 4.10 4.10 0.000
2022 0.00 0.00 0.000
2021 1.98 0.00 0.000
2019 3.63 2.72 0.000
2018 0.00 0.00 0.000
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. FML Sand LLC 2017 to 2026
  2. Covia Holdings Corporation 2020 to 2020
  3. Iron Oak Sand LLC 2026 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 66
2025 62
2024 71
2023 68
2022 60
2021 49
2020 48
2019 93
2018 68
2017 1
Source: MSHA quarterly employment and production, updated weekly.

Kermit Sand sits in Winkler County, Texas, where the Census mining category is 17.6% 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.
Winkler County, Texas · Population 7,540
17.6%
Mining share of county employment
$91,898
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 38,693 0 0 0.0
2026 Q1 35,638 8 0 224.5
2025 Q4 32,684 0 0 0.0
2025 Q3 34,310 1 0 29.1
2025 Q2 39,165 9 0 229.8
2025 Q1 36,268 0 0 0.0
2024 Q4 38,966 0 0 0.0
2024 Q3 41,896 0 0 0.0
Show 26 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 39,805 4 0 100.5
2024 Q1 37,612 10 6 265.9
2023 Q4 37,960 7 0 184.4
2023 Q3 38,314 26 5 678.6
2023 Q2 36,542 3 1 82.1
2023 Q1 33,513 6 1 179.0
2022 Q4 33,350 0 0 0.0
2022 Q3 34,218 12 1 350.7
2022 Q2 30,865 0 0 0.0
2022 Q1 27,706 0 0 0.0
2021 Q4 28,597 0 0 0.0
2021 Q3 27,155 11 0 405.1
2021 Q2 26,744 0 0 0.0
2021 Q1 18,454 0 0 0.0
2020 Q4 6,799 0 0 0.0
2020 Q2 19,922 0 0 0.0
2020 Q1 49,780 6 0 120.5
2019 Q4 46,408 0 0 0.0
2019 Q3 51,547 10 0 194.0
2019 Q2 60,759 1 1 16.5
2019 Q1 61,681 6 1 97.3
2018 Q4 62,734 0 0 0.0
2018 Q3 23,514 0 0 0.0
2018 Q2 39,883 6 2 150.4
2018 Q1 9,436 0 0 0.0
2017 Q4 288 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

15 on file

2025 · 2 incidents

September 18, 2025 TX · Metal/Non-Metal dry screening plant operator, screen house operator STEPPING OR KNEELING ON OBJECT
FML Sand LLC · Struck against stationary object

Employee rolled EE's ankle after EE stepped on a 2" hose that was laying on the concrete floor after stepping down from the crossover platform steps. Medical professionals were notified and employee released to full duty. On 9/27/25, employee felt discomfort return and advised EE to get an evaluation at a medical facility where EE was diagnosed with "other fracture of the fibula".

July 19, 2025 TX · Metal/Non-Metal belt foreman, maintenance foreman, maintenance supervisor HANDLING OF MATERIALS
FML Sand LLC · Struck by flying object

Employee was re-installing a bearing for a conveyor belt when EE felt something go in EE's eye. EE thought it was sand and didn't report it thinking it would flush itself out. On 7/21 employee's eye had become irritated and slightly swollen. EE was taken to MCH ER on 7/21 where a foreign object was removed. EE was given a full release.

2024 · 2 incidents

July 19, 2024 TX · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
FML Sand LLC · Struck by... (Not Elsewhere Classified)

Employee used a 2.5lb hammer to hit a wrench, when they inadvertently missed and hit their left hand causing a .5in laceration. Employee received 2 stitches.

March 16, 2024 TX · Metal/Non-Metal dryer operator, kiln operator, dry plant operator, fluid operator, bed dryer operator POWERED HAULAGE
FML Sand LLC · Struck against a moving object

Employee was cleaning scales with a skid steer when EE hit the gap in the panels with the bucket causing the machine to stop suddenly, jarring the employee forward causing EE's head to hit the cab.

2023 · 3 incidents

November 20, 2023 TX · Metal/Non-Metal silo operator, bin puller, truck loader HANDTOOLS (NONPOWERED)
FML Sand LLC · Over-exertion in pulling or pushing objects

Loadout Operator had to clear a plugged chute for damp loadout. They used an 8' aluminum pipe to poke the material from the top when they felt a strain in their right shoulder. Employee was taken to a medical facility where they were told to rest it for 4 days.

May 25, 2023 TX · Metal/Non-Metal hydrate plant operator HANDLING OF MATERIALS
FML Sand LLC · Over-exertion in pulling or pushing objects

Employee was manually moving the position of tripper 3 with another employee when they felt a strain around the Achilles of their right foot.

May 24, 2023 TX · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
FML Sand LLC · Fall onto or against objects

Employee was using a cutting torch to cut I-beams at the metal scrap yard, when they stepped back to let the cut piece drop, they tripped and fell on to an I-beam hitting their tail bone against it.

2022 · 1 incident

March 28, 2022 TX · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
FML Sand LLC · (Not Elsewhere Classified)

Employee felt chest pains during lunch. Employee was previously greasing the plant and went to lunch just after noon. Employee did not feel any better and was taken to the ER. Employee was evaluated and the next morning, found to have suffered a heart attack. Employee never lost consciousness.

2021 · 1 incident

March 8, 2021 TX · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
FML Sand LLC · Over-exertion in lifting objects

Maintenance was unloading an empty oxygen bottle from the maintenance truck to replace it with a full one. As they attempted to lift the bottle, they felt a sharp sensation in lower back and numbness in right leg and toes. Employee was taken to a local medical facility and evaluated. Employee was returned to full duty and upon a follow up appt, changed to modified duty.

2019 · 4 incidents

August 22, 2019 TX · Metal/Non-Metal miner, prospector, nec HANDTOOLS (NONPOWERED)
FML Sand LLC · Over-exertion in lifting objects

Party injured left shoulder while trying to lift the lid on one of the sand-trucks. Lid was bound close and the 3ft' pry bar-like tool was used. Employee stated EE may have jerked back EE's arm to hard and felt EE's shoulder pop. Later that night it started causing EE pain.

March 30, 2019 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
FML Sand LLC · Struck against a moving object

1 Driver and 5 Passengers were riding in a UTV during non-work related activities. The driver lost control of the UTV and the vehicle ended up on its side. The bump to the head is believed to happen at some point during this time.

February 6, 2019 TX · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
FML Sand LLC · Over-exertion in lifting objects

Maintenance person tried to lift a sheave from the motor at sump 11. Once EE removed the sheave, EE turned to the right with the sheave in hand and felt a pinch in the back. Two co-workers did a beam lift to free EE of the sheave and notified the supervisor.

January 11, 2019 TX · Metal/Non-Metal dry screening plant operator, screen house operator HANDTOOLS (NONPOWERED)
FML Sand LLC · Over-exertion in wielding or throwing objects

Employee experienced severe back and chest pain while shoveling sand spilling from a dryer belt. The employee collapsed onsite, EMS transported them to the Kermit Memorial Hospital. Employee was evaluated and released to return to work on Jan. 14th. The employee sought additional medical evaluation; subsequently treated for muscle spasms with followup scheduled for 1/23/19

2018 · 2 incidents

February 26, 2018 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
FML Sand LLC · Struck by... (Not Elsewhere Classified)

Employee was tightening a ratchet strap, the strap slipped off and hit EE in the face causing a laceration to EE's chin which required several stitches.

February 10, 2018 TX · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger SLIP OR FALL OF PERSON
FML Sand LLC · Fall from machine

Contracted employee started shift and went to climb into the crane. Contractor used the outrigger arms to access the cab. The contractors safety vest snagged on the hydraulic valve box and caused the contractor to fall. The contractor fell and landed with their shoulder on a job box. The contractor was taken to er by ambulance for evaluation. Fall caused a broken Clavicle.