Mining Incidents
Search Operators Mines Alerts Research Controllers Fatalgrams About
English Español
← Back to search

Oak Openings: 41 MSHA citations Metal/Non-Metal

Controlled by David Spallina
AVON, Livingston County, NY  ·  Active
MSHA Mine ID: 3002910

Oak Openings has $7K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Oak Openings.

Fatalities
0
Total incidents
8
Years on record
1990–2023
Latest incident
May 2023
Compliance record
MSHA citations since 2000
41
citations
10
significant & substantial
$6,914
proposed penalties
$6,914
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
See Spallina Materials, Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
35
inspections on record
439
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: 439 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: 2026-05-29.
On record since 2026.
Source: MSHA imminent-danger order records, updated weekly.

Oak Openings has $7K 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.
$7K
proposed penalties
$7K
current assessed
$7K
paid to date
$0
outstanding
37 assessments are final orders; 2 contested dockets.
Of $600 in penalties contested before the Commission, $0 was upheld in final decisions.
As of the most recent assessment on 2026-05-29.
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.
25.0%
significant & substantial
25.0%
high negligence or reckless
25.0%
reasonably likely or greater
55.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 17.5% low, 57.5% moderate, 25.0% 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.
2 citations taken to the federal commission · 5% of citations on record
  • Vacated or withdrawn 2 · 100%
0%
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 1 decided S&S contests · industry: 79%
100%
Penalty reduction in decided contests
$600 proposed, $0 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 2010-09-08.
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 2010-340M Withdrawal Koutras 2011 $540 → $0
YORK 2007-57M Withdrawal Lesnick 2009 $60 → $0
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: 2026-07-29
0%
of limit-tested samples over the exposure limit
17
samples
6
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg9
  • Quartz, respirable, >1% Qtz8
Show the individual readings (17)
Date Contaminant Concentration Limit Conc / limit Occupation
2026-07-29 Respirable dust, <.1mg 0 Truck Driver
2026-07-29 Respirable dust, <.1mg 0 Front-end Loader Operator
2026-07-29 Respirable dust, <.1mg 0 Backhoe Operator
2026-07-29 Respirable dust, <.1mg 0 Crusher Oper/Worker
2022-11-09 Quartz, respirable, >1% Qtz 0.15 Front-end Loader Operator
2022-11-09 Quartz, respirable, >1% Qtz 0.15 Laborer, Bullgang
2018-11-29 Respirable dust, <.1mg 0 Supervisor, Co. Official
2010-06-17 Respirable dust, <.1mg 0 Crusher Oper/Worker
2010-06-17 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-06-17 Quartz, respirable, >1% Qtz 0.13 1.36 0.10 Front-end Loader Operator
2004-09-30 Quartz, respirable, >1% Qtz 0.21 1.11 0.19 Front-end Loader Operator
2004-09-30 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-09-30 Quartz, respirable, >1% Qtz 1.75 2.88 0.61 Crusher Oper/Worker
2004-09-30 Respirable dust, <.1mg 0 Laborer, Bullgang
2000-09-27 Quartz, respirable, >1% Qtz 0.18 0.67 0.27 Front-end Loader Operator
2000-09-27 Quartz, respirable, >1% Qtz 0.3 0.58 0.52 Washer Operator
2000-09-27 Quartz, respirable, >1% Qtz 0.17 0.6 0.28 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.

Oak Openings recorded 0.00 reportable injury cases per 100 full-time workers in 2024.

Injury rate, 2024
ⓘ 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
Below average. The US metal and nonmetal mining average was 1.77 and the all-US-mining average was 2.08 cases per 100 workers.
In New York, metal and nonmetal mining averaged 2.24 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.
Year total case rate days-away fatal
2024 * 0.00 0.00 0.000
2023 * 7.84 7.84 0.000
2022 * 8.76 8.76 0.000
2021 * 0.00 0.00 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
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. Bo-Ide Inc 1989 to 1990
  2. Tcg Materials (New York) Inc 1990 to 1995
  3. Dolomite Products Company Inc 1995 to 2000
  4. Dolomite Products Company Inc 2000 to 2002
  5. Dolomite Group 2002 to 2018
  6. Victor Gravel Corp 2018 to 2025
  7. Spallina Materials, Inc. 2025 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 8
2025 10
2024 14
2023 12
2022 11
2021 9
2020 4
2019 4
2018 2
2013 2
2012 2
2011 4
2010 6
2009 7
2008 6
2007 6
2006 6
2005 6
2004 5
2003 5
2002 5
2001 5
2000 6
Source: MSHA quarterly employment and production, updated weekly.

Oak Openings sits in Livingston County, New York, where the Census mining category is 1.2% 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.
Livingston County, New York · Population 61,588
1.2%
Mining share of county employment
$72,464
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 4,524 2 1 442.1
2026 Q1 3,305 0 0 0.0
2025 Q4 3,344 0 0 0.0
2025 Q3 5,210 2 2 383.9
2025 Q2 4,548 0 0 0.0
2025 Q1 4,242 0 0 0.0
2024 Q4 7,477 0 0 0.0
2024 Q3 7,573 7 2 924.3
Show 78 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 7,355 0 0 0.0
2024 Q1 5,816 1 0 171.9
2023 Q4 7,374 0 0 0.0
2023 Q3 8,031 0 0 0.0
2023 Q2 5,729 0 0 0.0
2023 Q1 4,367 0 0 0.0
2022 Q4 5,261 2 1 380.2
2022 Q3 6,944 8 0 1152.1
2022 Q2 6,307 0 0 0.0
2022 Q1 4,313 0 0 0.0
2021 Q4 6,298 0 0 0.0
2021 Q3 6,865 0 0 0.0
2021 Q2 6,303 0 0 0.0
2021 Q1 1,616 0 0 0.0
2020 Q4 2,500 4 1 1600.0
2020 Q3 2,238 0 0 0.0
2020 Q2 2,795 0 0 0.0
2020 Q1 1,901 2 0 1052.1
2019 Q4 2,257 0 0 0.0
2019 Q3 1,975 0 0 0.0
2019 Q2 2,075 0 0 0.0
2019 Q1 1,389 0 0 0.0
2018 Q4 1,025 2 0 1951.2
2018 Q2 0 0 0
2013 Q2 1,590 0 0 0.0
2013 Q1 470 0 0 0.0
2012 Q4 74 0 0 0.0
2012 Q3 543 0 0 0.0
2012 Q2 546 0 0 0.0
2012 Q1 590 0 0 0.0
2011 Q4 1,080 0 0 0.0
2011 Q3 3,600 0 0 0.0
2011 Q2 1,274 0 0 0.0
2011 Q1 710 0 0 0.0
2010 Q4 1,487 0 0 0.0
2010 Q3 3,161 0 0 0.0
2010 Q2 2,893 0 0 0.0
2010 Q1 1,342 0 0 0.0
2009 Q4 1,615 0 0 0.0
2009 Q3 3,345 0 0 0.0
2009 Q2 3,207 1 0 311.8
2009 Q1 2,674 0 0 0.0
2008 Q4 1,447 0 0 0.0
2008 Q3 3,628 0 0 0.0
2008 Q2 4,171 1 0 239.8
2008 Q1 1,731 0 0 0.0
2007 Q4 3,226 0 0 0.0
2007 Q3 4,120 0 0 0.0
2007 Q2 3,017 0 0 0.0
2007 Q1 1,220 0 0 0.0
2006 Q4 2,423 2 1 825.4
2006 Q3 3,797 0 0 0.0
2006 Q2 3,822 0 0 0.0
2006 Q1 1,738 0 0 0.0
2005 Q4 3,115 0 0 0.0
2005 Q3 3,735 1 0 267.7
2005 Q2 2,987 0 0 0.0
2005 Q1 1,320 0 0 0.0
2004 Q4 2,787 0 0 0.0
2004 Q3 3,258 0 0 0.0
2004 Q2 1,943 0 0 0.0
2004 Q1 2,142 0 0 0.0
2003 Q4 2,649 0 0 0.0
2003 Q3 3,684 0 0 0.0
2003 Q2 3,186 0 0 0.0
2003 Q1 1,396 0 0 0.0
2002 Q4 2,771 0 0 0.0
2002 Q3 3,166 0 0 0.0
2002 Q2 2,918 0 0 0.0
2002 Q1 1,736 0 0 0.0
2001 Q4 2,627 0 0 0.0
2001 Q3 2,869 0 0 0.0
2001 Q2 3,299 1 0 303.1
2001 Q1 1,641 0 0 0.0
2000 Q4 3,626 0 0 0.0
2000 Q3 3,372 2 1 593.1
2000 Q2 2,689 0 0 0.0
2000 Q1 1,531 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2023 · 1 incident

May 8, 2023 NY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Victor Gravel Corp · Over-exertion (Not Elsewhere Classified)

Employee was doing a maintenance repair on the cone crusher and could not reach the hose that needed repair. The Employee grabbed a 5 gallon pail that was close by to reach it. While standing on the pail the employee slipped and twisted knee causing left knee to be sprained.

2022 · 1 incident

October 11, 2022 NY · Metal/Non-Metal mine manager, mine foreman, mine owner HANDLING OF MATERIALS
Victor Gravel Corp · Caught in, under or between a moving and a stationary object

We were installing an electric motor on our cone crusher. We were getting it slid into place when it slid fast and my left hand middle finger got crushed between the motor and framework for upper conveyor belt. The very tip of the finger has a small fracture and it peeled the skin and took the finger nail off.

2010 · 1 incident

September 8, 2010 NY · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Dolomite Group · Caught in, under or between (Not Elsewhere Classified)

Worker was changing drive belt on pulley. Hand got pinched between motor base and frame, fracturing tip of finger.

2009 · 1 incident

July 22, 2009 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Dolomite Group · Caught in, under or between a moving and a stationary object

Worker was unplugging an exchange box, when rock came loose and pinched finger against steel box wall. Finger was cut, requiring five stitches.

2006 · 2 incidents

May 15, 2006 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Dolomite Group · Over-exertion (Not Elsewhere Classified)

Worker climbed on side of bin to shut off a water line. While turning valve his foot slipped and he strained his back.

May 3, 2006 NY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Dolomite Group · Struck by... (Not Elsewhere Classified)

Worker dropped steel plate on hand while assisting another worker repair the scale. Worker's hand was cut and finger broken.

2004 · 1 incident

February 24, 2004 NY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Dolomite Group · Over-exertion (Not Elsewhere Classified)

Worker moving railroad ties slipped in mud and injured lower back.

1990 · 1 incident