Mining Incidents

KMC III SAND & GRAVEL: 18 MSHA citations Metal/Non-Metal

Controlled by Dave Burrell
New Berlin, Otsego County, NY  ·  Intermittent
MSHA Mine ID: 3003821

KMC III SAND & GRAVEL has $3K in proposed MSHA penalties and $0 outstanding across 0 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2022
Latest incident
Jun 2022
Compliance record
MSHA citations since 2011
18
citations
4
significant & substantial
$2,557
proposed penalties
$2,557
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
16
inspections on record
181
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: 181 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

KMC III SAND & GRAVEL has $3K in proposed MSHA penalties and $0 outstanding across 0 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.
$3K
proposed penalties
$3K
current assessed
$3K
paid to date
$0
outstanding
18 assessments are final orders; 0 contested dockets.
As of the most recent assessment on 2025-10-28.
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.
22.2%
significant & substantial
5.6%
high negligence or reckless
22.2%
reasonably likely or greater
50.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.7% low, 77.8% moderate, 5.6% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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: 2025-07-17
0%
of limit-tested samples over the exposure limit
5
samples
2
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz2
  • Respirable dust, <.1mg2
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (5)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-07-17 Respirable dust, <.1mg 0 Front-end Loader Operator
2022-09-14 Unlisted Particulate, respirable, <1% Qtz 0.24 Front-end Loader Operator
2021-05-20 Quartz, respirable, >1% Qtz 0.4 0.63 0.63 Front-end Loader Operator
2011-10-05 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-10-05 Quartz, respirable, >1% Qtz 0.25 2.02 0.12 Front-end Loader 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.
Ownership history
  1. Burrell's Excavating, Inc. 2011 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 3
2025 3
2024 3
2023 2
2022 2
2021 2
2020 2
2019 2
2018 2
2017 2
2016 3
2015 2
2014 2
2013 2
2012 3
2011 4
Source: MSHA quarterly employment and production, updated weekly.

KMC III 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 777 0 0 0.0
2025 Q4 382 0 0 0.0
2025 Q3 1,088 1 0 919.1
2025 Q2 793 0 0 0.0
2025 Q1 29 0 0 0.0
2024 Q4 707 0 0 0.0
2024 Q3 689 0 0 0.0
2024 Q2 1,156 1 0 865.1
Show 48 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 589 0 0 0.0
2023 Q4 443 0 0 0.0
2023 Q3 914 0 0 0.0
2023 Q2 632 0 0 0.0
2022 Q4 446 0 0 0.0
2022 Q3 885 0 0 0.0
2022 Q2 515 1 0 1941.7
2022 Q1 249 0 0 0.0
2021 Q3 845 0 0 0.0
2021 Q2 460 2 0 4347.8
2021 Q1 0 0 0
2020 Q4 582 0 0 0.0
2020 Q3 840 0 0 0.0
2020 Q2 953 0 0 0.0
2020 Q1 128 0 0 0.0
2019 Q4 544 0 0 0.0
2019 Q3 1,093 0 0 0.0
2019 Q2 756 0 0 0.0
2019 Q1 0 0 0
2018 Q4 601 0 0 0.0
2018 Q3 910 1 0 1098.9
2018 Q2 472 0 0 0.0
2018 Q1 0 0 0
2017 Q4 496 0 0 0.0
2017 Q3 649 0 0 0.0
2017 Q2 570 0 0 0.0
2017 Q1 0 0 0
2016 Q4 340 0 0 0.0
2016 Q3 917 0 0 0.0
2016 Q2 917 2 1 2181.0
2016 Q1 63 0 0 0.0
2015 Q4 693 0 0 0.0
2015 Q3 822 0 0 0.0
2015 Q2 703 0 0 0.0
2015 Q1 0 0 0
2014 Q4 640 0 0 0.0
2014 Q3 607 0 0 0.0
2014 Q2 548 0 0 0.0
2014 Q1 0 0 0
2013 Q4 347 0 0 0.0
2013 Q3 553 1 0 1808.3
2013 Q2 806 0 0 0.0
2013 Q1 0 0 0
2012 Q4 949 3 2 3161.2
2012 Q3 1,037 0 0 0.0
2012 Q2 1,007 0 0 0.0
2012 Q1 442 0 0 0.0
2011 Q4 1,435 5 0 3484.3
No fatalities recorded at this mine.

Reportable incidents

1 on file

2022 · 1 incident

June 29, 2022 NY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Burrell's Excavating, Inc. · Caught in, under or between a moving and a stationary object

Mechanic replacing screen deck, slid tension bar out & as it slid out, the opposite end of bar tipped down pinching mechanic's thumb between 2 pieces of steel (Steel bar 4" W x 5' L & approx. 50#). Loader operator provided first aid & transported to the Fire House for ambulance transport to the Hospital. Severity of injury unknown.