Mining Incidents

Mother Earth: 70 MSHA citations Metal/Non-Metal

Controlled by Dan Caballero
Robstown, Nueces County, TX  ·  Active
MSHA Mine ID: 4105643

Mother Earth has $44K in proposed MSHA penalties and $682 outstanding across 1 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
Nov 2022
Compliance record
MSHA citations since 2022
70
citations
13
significant & substantial
$44,282
proposed penalties
$43,600
paid to date
98% of proposed penalties paid to date, a $682 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2022
21
inspections on record
286
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: 286 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
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.
1
Section 107(a) orders
Most recent order: 2024-04-30.
On record since 2024.
Source: MSHA imminent-danger order records, updated weekly.

Mother Earth has $44K in proposed MSHA penalties and $682 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.
$44K
proposed penalties
$44K
current assessed
$44K
paid to date
$682
outstanding
61 assessments are final orders; 1 contested dockets.
Of $13K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2026-07-09.
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.
20.0%
significant & substantial
24.6%
high negligence or reckless
20.0%
reasonably likely or greater
6.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.6% low, 70.8% moderate, 24.6% 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.
8 citations taken to the federal commission · 11% of citations on record
  • Stood as issued 8 · 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 4 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$13K proposed, $13K 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 2024-05-09.
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 2024-0213 Default 2024 $13K → $13K
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: 2024-06-10
4
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg4
Show the individual readings (4)
Date Contaminant Concentration Limit Conc / limit Occupation
2024-06-10 Respirable dust, <.1mg 0 Backhoe Operator
2024-06-10 Respirable dust, <.1mg 0 Front-end Loader Operator
2023-06-07 Respirable dust, <.1mg 0 Utility Man
2023-06-07 Respirable dust, <.1mg 0 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.

Mother Earth recorded 0.00 reportable injury cases per 100 full-time workers in 2023.

Injury rate, 2023
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 1.78 and the all-US-mining average was 2.10 cases per 100 workers.
In Texas, metal and nonmetal mining averaged 1.29 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.
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. Mother Earth Materials 2022 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 7
2025 6
2024 5
2023 20
2022 20
Source: MSHA quarterly employment and production, updated weekly.

Mother Earth sits in Nueces County, Texas, where the Census mining category is 1.5% 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.
Nueces County, Texas · Population 352,829
1.5%
Mining share of county employment
$66,021
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 2,880 0 0 0.0
2026 Q1 3,344 0 0 0.0
2025 Q4 1,620 5 1 3086.4
2025 Q3 2,795 8 2 2862.3
2025 Q2 4,040 0 0 0.0
2025 Q1 32 11 0 343750.0
2024 Q4 0 0 0
2024 Q3 32 0 0 0.0
Show 7 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,510 11 4 3133.9
2024 Q1 3,683 17 6 4615.8
2023 Q4 8,970 0 0 0.0
2023 Q3 9,797 0 0 0.0
2023 Q2 10,311 7 0 678.9
2023 Q1 4,520 0 0 0.0
2022 Q4 8,803 7 0 795.2
No fatalities recorded at this mine.

Reportable incidents

1 on file

2022 · 1 incident

November 9, 2022 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Mother Earth Materials · Struck by... (Not Elsewhere Classified)

Employee was using an angle grinder with a wire brush to clean surfaces of screening plant. The angle grinder kicked free of their control and the body of the grinder hit them in the chin, mouth and nose. They were given first aid and then taken to a doctor. The employee received 5 stitches on chin and a tetanus shot. The employee can return to work on 11/14/2022.