NY-49 Pit: 59 MSHA citations Metal/Non-Metal
Vitale Ready-Mix Concrete Inc.
· Surface
Controlled by
Michael Vitale; Paul Vitale
MSHA Mine ID: 3002994
NY-49 Pit has $34K in proposed MSHA penalties and $0 outstanding across 4 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 2000
59
citations
23
significant & substantial
$33,603
proposed penalties
$22,418
paid to date
67% of proposed penalties paid to date, a $11,185 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
36
inspections on record
400
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: 400 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
NY-49 Pit has $34K in proposed MSHA penalties and $0 outstanding across 4 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.$34K
proposed penalties
$22K
current assessed
$22K
paid to date
$0
outstanding
59 assessments are final orders; 4 contested dockets.
Of $21K in penalties contested before the Commission, $10K was upheld in final decisions.
As of the most recent assessment on 2023-07-27.
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.39.0%
significant & substantial
22.0%
high negligence or reckless
39.0%
reasonably likely or greater
49.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.4% low, 74.6% moderate, 22.0% 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 · 14% of citations on record
- Settled 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 5 decided S&S contests · industry: 79%
52%
Penalty reduction in decided contests
$21K proposed, $10K 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 2012-02-21.
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 2010-325M | Settlement | Koutras | 2012 | $15K → $8K |
| YORK 2012-3M | Settlement | Lesnick | 2012 | $4K → $403 |
| YORK 2012-100M | Settlement | Lesnick | 2012 | $1K → $1K |
| YORK 2010-326M | Settlement | Lesnick | 2011 | $904 → $904 |
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: 2022-04-28, 4 years ago
ⓘ
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.0%
of limit-tested samples over the exposure limit
9
samples
1
limit-tested
Most sampled contaminants
- Respirable dust, <.1mg4
- Quartz, respirable, >1% Qtz3
- Unlisted Particulate, respirable, <1% Qtz2
Show the individual readings (9)
| Date | Contaminant | Concentration | Limit | Conc / limit | Occupation |
|---|---|---|---|---|---|
| 2022-04-28 | Quartz, respirable, >1% Qtz | 0.31 | Washer Operator | ||
| 2022-04-28 | Quartz, respirable, >1% Qtz | 0.19 | Supervisor, Co. Official | ||
| 2022-04-28 | Respirable dust, <.1mg | 0 | Backhoe Operator | ||
| 2019-05-02 | Respirable dust, <.1mg | 0 | Front-end Loader Operator | ||
| 2019-05-02 | Unlisted Particulate, respirable, <1% Qtz | 0.29 | Front-end Loader Operator | ||
| 2009-06-17 | Quartz, respirable, >1% Qtz | 0.14 | 0.8 | 0.18 | Dry Screen Plant Operator |
| 2009-06-17 | Respirable dust, <.1mg | 0 | Dry Screen Plant Operator | ||
| 2000-09-13 | Unlisted Particulate, respirable, <1% Qtz | 0.2 | Front-end Loader Operator | ||
| 2000-09-13 | 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.
Ownership history
- Brown Excavation Company Inc 1990 to 2012
- Vitale Ready-Mix Concrete Inc. 2012 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
| Year | Employees |
|---|---|
| 2026 | 2 |
| 2025 | 3 |
| 2024 | 3 |
| 2023 | 3 |
| 2022 | 3 |
| 2021 | 4 |
| 2020 | 3 |
| 2019 | 3 |
| 2018 | 4 |
| 2017 | 4 |
| 2016 | 5 |
| 2015 | 5 |
| 2014 | 6 |
| 2013 | 5 |
| 2012 | 2 |
| 2011 | 7 |
| 2010 | 5 |
| 2009 | 5 |
| 2008 | 5 |
| 2007 | 5 |
| 2006 | 5 |
| 2005 | 6 |
| 2004 | 5 |
| 2003 | 4 |
| 2002 | 4 |
| 2001 | 4 |
| 2000 | 2 |
Source: MSHA quarterly employment and production, updated weekly.
NY-49 Pit sits in Oswego County, New York, where the Census mining category is 0.3% 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.Oswego County, New York · Population 117,945
0.3%
Mining share of county employment
$68,461
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 | 2,298 | 0 | 0 | 0.0 |
| 2026 Q1 | 0 | 0 | 0 | |
| 2025 Q4 | 1,631 | 0 | 0 | 0.0 |
| 2025 Q3 | 2,381 | 0 | 0 | 0.0 |
| 2025 Q2 | 2,320 | 0 | 0 | 0.0 |
| 2025 Q1 | 0 | 0 | 0 | |
| 2024 Q4 | 2,011 | 0 | 0 | 0.0 |
| 2024 Q3 | 2,196 | 0 | 0 | 0.0 |
Show 96 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2024 Q2 | 1,744 | 0 | 0 | 0.0 |
| 2024 Q1 | 120 | 0 | 0 | 0.0 |
| 2023 Q4 | 1,915 | 0 | 0 | 0.0 |
| 2023 Q3 | 2,409 | 1 | 0 | 415.1 |
| 2023 Q2 | 1,773 | 0 | 0 | 0.0 |
| 2023 Q1 | 0 | 0 | 0 | |
| 2022 Q4 | 1,469 | 0 | 0 | 0.0 |
| 2022 Q3 | 2,814 | 0 | 0 | 0.0 |
| 2022 Q2 | 2,007 | 0 | 0 | 0.0 |
| 2022 Q1 | 0 | 0 | 0 | |
| 2021 Q4 | 2,274 | 0 | 0 | 0.0 |
| 2021 Q3 | 2,833 | 0 | 0 | 0.0 |
| 2021 Q2 | 2,743 | 0 | 0 | 0.0 |
| 2021 Q1 | 598 | 0 | 0 | 0.0 |
| 2020 Q4 | 2,179 | 0 | 0 | 0.0 |
| 2020 Q3 | 2,692 | 0 | 0 | 0.0 |
| 2020 Q2 | 2,212 | 0 | 0 | 0.0 |
| 2020 Q1 | 0 | 0 | 0 | |
| 2019 Q4 | 1,647 | 0 | 0 | 0.0 |
| 2019 Q3 | 2,049 | 0 | 0 | 0.0 |
| 2019 Q2 | 2,005 | 0 | 0 | 0.0 |
| 2019 Q1 | 646 | 0 | 0 | 0.0 |
| 2018 Q4 | 1,428 | 0 | 0 | 0.0 |
| 2018 Q3 | 2,121 | 0 | 0 | 0.0 |
| 2018 Q2 | 1,975 | 7 | 3 | 3544.3 |
| 2018 Q1 | 952 | 0 | 0 | 0.0 |
| 2017 Q4 | 1,734 | 0 | 0 | 0.0 |
| 2017 Q3 | 2,259 | 0 | 0 | 0.0 |
| 2017 Q2 | 2,042 | 0 | 0 | 0.0 |
| 2017 Q1 | 1,455 | 0 | 0 | 0.0 |
| 2016 Q4 | 1,985 | 0 | 0 | 0.0 |
| 2016 Q3 | 2,771 | 0 | 0 | 0.0 |
| 2016 Q2 | 2,282 | 2 | 1 | 876.4 |
| 2016 Q1 | 1,638 | 0 | 0 | 0.0 |
| 2015 Q4 | 2,521 | 0 | 0 | 0.0 |
| 2015 Q3 | 2,465 | 0 | 0 | 0.0 |
| 2015 Q2 | 2,353 | 1 | 0 | 425.0 |
| 2015 Q1 | 780 | 0 | 0 | 0.0 |
| 2014 Q4 | 2,020 | 0 | 0 | 0.0 |
| 2014 Q3 | 3,216 | 0 | 0 | 0.0 |
| 2014 Q2 | 2,402 | 0 | 0 | 0.0 |
| 2014 Q1 | 1,125 | 0 | 0 | 0.0 |
| 2013 Q4 | 2,154 | 0 | 0 | 0.0 |
| 2013 Q3 | 2,536 | 0 | 0 | 0.0 |
| 2013 Q2 | 2,541 | 2 | 0 | 787.1 |
| 2013 Q1 | 2,590 | 0 | 0 | 0.0 |
| 2012 Q4 | 285 | 0 | 0 | 0.0 |
| 2012 Q3 | 706 | 0 | 0 | 0.0 |
| 2012 Q2 | 465 | 0 | 0 | 0.0 |
| 2012 Q1 | 932 | 0 | 0 | 0.0 |
| 2011 Q4 | 2,804 | 0 | 0 | 0.0 |
| 2011 Q3 | 4,028 | 6 | 2 | 1489.6 |
| 2011 Q2 | 3,023 | 0 | 0 | 0.0 |
| 2011 Q1 | 944 | 0 | 0 | 0.0 |
| 2010 Q3 | 3,095 | 0 | 0 | 0.0 |
| 2010 Q2 | 2,424 | 6 | 3 | 2475.2 |
| 2010 Q1 | 135 | 0 | 0 | 0.0 |
| 2009 Q4 | 2,241 | 10 | 8 | 4462.3 |
| 2009 Q3 | 3,011 | 0 | 0 | 0.0 |
| 2009 Q2 | 2,725 | 4 | 2 | 1467.9 |
| 2009 Q1 | 48 | 0 | 0 | 0.0 |
| 2008 Q4 | 1,670 | 0 | 0 | 0.0 |
| 2008 Q3 | 3,005 | 0 | 0 | 0.0 |
| 2008 Q2 | 2,101 | 2 | 0 | 951.9 |
| 2008 Q1 | 0 | 0 | 0 | |
| 2007 Q4 | 1,376 | 0 | 0 | 0.0 |
| 2007 Q3 | 2,513 | 2 | 0 | 795.9 |
| 2007 Q2 | 1,930 | 0 | 0 | 0.0 |
| 2007 Q1 | 272 | 0 | 0 | 0.0 |
| 2006 Q4 | 1,896 | 0 | 0 | 0.0 |
| 2006 Q3 | 2,444 | 3 | 0 | 1227.5 |
| 2006 Q2 | 2,410 | 0 | 0 | 0.0 |
| 2006 Q1 | 115 | 0 | 0 | 0.0 |
| 2005 Q4 | 2,404 | 0 | 0 | 0.0 |
| 2005 Q3 | 4,301 | 1 | 0 | 232.5 |
| 2005 Q2 | 2,891 | 0 | 0 | 0.0 |
| 2005 Q1 | 122 | 0 | 0 | 0.0 |
| 2004 Q4 | 2,148 | 0 | 0 | 0.0 |
| 2004 Q3 | 2,629 | 0 | 0 | 0.0 |
| 2004 Q2 | 2,342 | 0 | 0 | 0.0 |
| 2004 Q1 | 182 | 0 | 0 | 0.0 |
| 2003 Q4 | 1,746 | 0 | 0 | 0.0 |
| 2003 Q3 | 2,042 | 2 | 0 | 979.4 |
| 2003 Q2 | 1,643 | 0 | 0 | 0.0 |
| 2003 Q1 | 162 | 0 | 0 | 0.0 |
| 2002 Q4 | 1,282 | 0 | 0 | 0.0 |
| 2002 Q3 | 1,993 | 0 | 0 | 0.0 |
| 2002 Q2 | 1,785 | 0 | 0 | 0.0 |
| 2002 Q1 | 212 | 0 | 0 | 0.0 |
| 2001 Q4 | 1,501 | 7 | 3 | 4663.6 |
| 2001 Q3 | 2,062 | 0 | 0 | 0.0 |
| 2001 Q2 | 1,784 | 0 | 0 | 0.0 |
| 2000 Q4 | 462 | 0 | 0 | 0.0 |
| 2000 Q3 | 1,218 | 3 | 1 | 2463.1 |
| 2000 Q2 | 810 | 0 | 0 | 0.0 |
| 2000 Q1 | 157 | 0 | 0 | 0.0 |
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.