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KISER SAND & GRAVEL: 76 MSHA citations Metal/Non-Metal

HEROUX EXCAVATING INC · Surface
Controlled by Roger R Heroux
MILFORD, Otsego County, NY  ·  Intermittent
MSHA Mine ID: 3003169

KISER SAND & GRAVEL has $12K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2013
Latest incident
Oct 2013
Compliance record
MSHA citations since 2002
76
citations
18
significant & substantial
$11,912
proposed penalties
$10,894
paid to date
91% of proposed penalties paid to date, a $1,018 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
33
inspections on record
391
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: 391 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

KISER SAND & GRAVEL has $12K in proposed MSHA penalties and $0 outstanding across 2 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.
$12K
proposed penalties
$11K
current assessed
$11K
paid to date
$0
outstanding
76 assessments are final orders; 2 contested dockets.
Of $3K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2025-10-27.
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.
23.7%
significant & substantial
6.6%
high negligence or reckless
22.4%
reasonably likely or greater
63.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.8% low, 81.6% moderate, 6.6% 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.
6 citations taken to the federal commission · 8% of citations on record
  • Settled 6 · 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 2 decided S&S contests · industry: 79%
38%
Penalty reduction in decided contests
$3K proposed, $2K 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 2011-01-20.
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
YORK 2010-128M Settlement 2010 $2K → $1K
YORK 2011-78M Settlement Koutras 2011 $362 → $162
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: 2021-05-18, 5 years ago
0%
of limit-tested samples over the exposure limit
5
samples
4
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz4
  • Respirable dust, <.1mg1
Show the individual readings (5)
Date Contaminant Concentration Limit Conc / limit Occupation
2021-05-18 Respirable dust, <.1mg 0 Front-end Loader Operator
2016-07-07 Quartz, respirable, >1% Qtz 0.16 0.35 0.46 Mechanic
2016-07-07 Quartz, respirable, >1% Qtz 0.13 0.42 0.31 Front-end Loader Operator
2009-05-13 Quartz, respirable, >1% Qtz 0.14 0.37 0.38 Front-end Loader Operator
2009-05-13 Quartz, respirable, >1% Qtz 0.25 0.35 0.71 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.
Ownership history
  1. Kiser Excavating 1996 to 2005
  2. Kiser & Son Excavating LLC 2005 to 2019
  3. Heroux Excavating Inc 2019 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 1
2025 3
2024 2
2023 3
2022 3
2021 3
2020 3
2019 3
2018 2
2017 2
2016 2
2015 2
2014 2
2013 2
2012 3
2011 2
2010 2
2009 1
2008 1
2007 1
2006 1
2005 1
2004 1
2003 1
2002 1
2001 1
2000 1
Source: MSHA quarterly employment and production, updated weekly.

KISER SAND & GRAVEL sits in Otsego County, New York, where the Census mining category is 0.0% 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.
Otsego County, New York · Population 59,738
0.0%
Mining share of county employment
$67,086
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 134 0 0 0.0
2026 Q1 0 0 0
2025 Q4 628 1 1 1592.4
2025 Q3 861 3 1 3484.3
2025 Q2 804 0 0 0.0
2025 Q1 0 0 0
2024 Q4 570 0 0 0.0
2024 Q3 1,129 0 0 0.0
Show 96 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 1,505 2 0 1328.9
2024 Q1 0 0 0
2023 Q4 409 0 0 0.0
2023 Q3 2,178 0 0 0.0
2023 Q2 2,332 1 0 428.8
2023 Q1 0 0 0
2022 Q4 1,090 0 0 0.0
2022 Q3 1,413 0 0 0.0
2022 Q2 716 0 0 0.0
2022 Q1 0 0 0
2021 Q4 887 0 0 0.0
2021 Q3 1,512 0 0 0.0
2021 Q2 1,304 3 2 2300.6
2021 Q1 620 0 0 0.0
2020 Q4 626 0 0 0.0
2020 Q3 1,408 0 0 0.0
2020 Q2 1,180 0 0 0.0
2020 Q1 0 0 0
2019 Q4 799 3 1 3754.7
2019 Q3 1,015 0 0 0.0
2019 Q2 794 0 0 0.0
2018 Q4 529 4 0 7561.4
2018 Q3 1,333 0 0 0.0
2018 Q2 875 0 0 0.0
2018 Q1 0 0 0
2017 Q4 730 3 1 4109.6
2017 Q3 1,090 3 0 2752.3
2017 Q2 1,103 0 0 0.0
2017 Q1 0 0 0
2016 Q4 402 0 0 0.0
2016 Q3 790 2 0 2531.6
2016 Q2 764 0 0 0.0
2016 Q1 0 0 0
2015 Q4 567 0 0 0.0
2015 Q3 1,211 0 0 0.0
2015 Q2 846 0 0 0.0
2015 Q1 23 0 0 0.0
2014 Q4 373 3 1 8042.9
2014 Q3 1,001 0 0 0.0
2014 Q2 677 0 0 0.0
2014 Q1 0 0 0
2013 Q4 885 0 0 0.0
2013 Q3 964 2 1 2074.7
2013 Q2 556 0 0 0.0
2013 Q1 0 0 0
2012 Q4 678 6 1 8849.6
2012 Q3 972 0 0 0.0
2012 Q2 786 0 0 0.0
2012 Q1 97 0 0 0.0
2011 Q4 664 2 0 3012.0
2011 Q3 539 0 0 0.0
2011 Q2 838 0 0 0.0
2011 Q1 0 0 0
2010 Q4 359 1 0 2785.5
2010 Q3 972 0 0 0.0
2010 Q2 897 0 0 0.0
2010 Q1 0 0 0
2009 Q4 813 7 3 8610.1
2009 Q3 541 0 0 0.0
2009 Q2 493 14 5 28397.6
2009 Q1 0 0 0
2008 Q4 283 0 0 0.0
2008 Q3 493 0 0 0.0
2008 Q2 484 2 0 4132.2
2008 Q1 0 0 0
2007 Q4 305 0 0 0.0
2007 Q3 536 3 0 5597.0
2007 Q2 423 0 0 0.0
2007 Q1 0 0 0
2006 Q4 298 0 0 0.0
2006 Q3 791 0 0 0.0
2006 Q2 555 0 0 0.0
2006 Q1 0 0 0
2005 Q4 196 2 0 10204.1
2005 Q3 588 0 0 0.0
2005 Q2 389 4 0 10282.8
2005 Q1 0 0 0
2004 Q4 255 0 0 0.0
2004 Q3 545 0 0 0.0
2004 Q2 445 0 0 0.0
2004 Q1 0 0 0
2003 Q4 285 0 0 0.0
2003 Q3 562 3 1 5338.1
2003 Q2 377 0 0 0.0
2003 Q1 0 0 0
2002 Q4 280 0 0 0.0
2002 Q3 512 0 0 0.0
2002 Q2 430 2 0 4651.2
2002 Q1 0 0 0
2001 Q4 240 0 0 0.0
2001 Q3 520 0 0 0.0
2001 Q2 480 0 0 0.0
2001 Q1 0 0 0
2000 Q4 304 0 0 0.0
2000 Q2 379 0 0 0.0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2013 · 1 incident

October 3, 2013 NY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Kiser & Son Excavating LLC · Caught in, under or between a moving and a stationary object

Employee (injured) pulled up and parked pickup truck directly behind the operating excavator. As he was getting out of truck the excavator backed into the pickup pinching him in between-acknowlegement of his presence was not made. Eye contact with excavator operator as per company policy