Mining Incidents

Noxen Sand and Materials: 121 MSHA citations Metal/Non-Metal

Raymond J. Malak · Surface
Controlled by Raymond J Malak
Noxen, Wyoming County, PA  ·  Intermittent
MSHA Mine ID: 3610193

Noxen Sand and Materials has $30K in proposed MSHA penalties and $24K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2016
121
citations
42
significant & substantial
$30,227
proposed penalties
$3,897
paid to date
13% of proposed penalties paid to date, a $26,330 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2016
25
inspections on record
407
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: 407 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: 2017-08-30.
On record since 2017.
Source: MSHA imminent-danger order records, updated weekly.

Noxen Sand and Materials has $30K in proposed MSHA penalties and $24K 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.
$30K
proposed penalties
$28K
current assessed
$4K
paid to date
$24K
outstanding
83 assessments are final orders; 3 contested dockets.
Of $25K in penalties contested before the Commission, $22K was upheld in final decisions.
As of the most recent assessment on 2018-05-02.
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.
50.6%
significant & substantial
19.3%
high negligence or reckless
50.6%
reasonably likely or greater
81.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 1.2% low, 79.5% moderate, 19.3% 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.
77 citations taken to the federal commission · 64% of citations on record
  • Settled 31 · 40%
  • Stood as issued 46 · 60%
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 38 decided S&S contests · industry: 79%
9%
Penalty reduction in decided contests
$25K proposed, $22K 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 2018-08-20.
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
PENN 2018-154M Default Lesnick 2018 $15K → $15K
PENN 2017-0043 Settlement Lesnick 2017 $6K → $4K
PENN 2018-0246 Default Lesnick 2018 $4K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Ray Malak 2016 to 2019
  2. Raymond J. Malak 2020 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 1
2025 1
2024 1
2023 2
2022 2
2021 2
2020 2
2019 0
2018 0
2017 3
2016 3
Source: MSHA quarterly employment and production, updated weekly.

Noxen Sand and Materials sits in Wyoming County, Pennsylvania, 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.
Wyoming County, Pennsylvania · Population 26,075
1.5%
Mining share of county employment
$70,268
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 138 0 0 0.0
2026 Q1 11 0 0 0.0
2025 Q4 31 0 0 0.0
2025 Q3 208 0 0 0.0
2025 Q2 85 0 0 0.0
2025 Q1 22 0 0 0.0
2024 Q4 47 0 0 0.0
2024 Q3 64 0 0 0.0
Show 27 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 52 0 0 0.0
2024 Q1 30 0 0 0.0
2023 Q4 16 0 0 0.0
2023 Q3 128 0 0 0.0
2023 Q2 180 0 0 0.0
2023 Q1 80 0 0 0.0
2022 Q4 52 0 0 0.0
2022 Q3 282 0 0 0.0
2022 Q2 192 0 0 0.0
2022 Q1 52 0 0 0.0
2021 Q4 116 0 0 0.0
2021 Q3 376 0 0 0.0
2021 Q2 489 0 0 0.0
2021 Q1 48 0 0 0.0
2020 Q4 26 0 0 0.0
2020 Q3 223 0 0 0.0
2020 Q2 379 0 0 0.0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q1 0 0 0
2017 Q4 120 11 0 91666.7
2017 Q3 155 59 28 380645.2
2017 Q2 110 0 0 0.0
2017 Q1 20 1 0 50000.0
2016 Q4 360 18 0 50000.0
2016 Q3 500 31 14 62000.0

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.