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Oaks Corners Pit: 54 MSHA citations Metal/Non-Metal

Controlled by Joe Dendis
OAKS CORNERS, Ontario County, NY  ·  Abandoned
MSHA Mine ID: 3000935

Oaks Corners Pit has $5K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
1990–2005
Latest incident
Jul 2005
Compliance record
MSHA citations since 2000
54
citations
5
significant & substantial
$4,715
proposed penalties
$4,498
paid to date
95% of proposed penalties paid to date, a $217 gap.
Source: MSHA violations data, updated weekly.
See Dendis Sand & Gravel, Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
33
inspections on record
331
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: 331 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Oaks Corners Pit has $5K 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.
$5K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
54 assessments are final orders; 2 contested dockets.
Of $480 in penalties contested before the Commission, $348 was upheld in final decisions.
As of the most recent assessment on 2012-05-15.
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.
9.3%
significant & substantial
3.7%
high negligence or reckless
9.3%
reasonably likely or greater
63.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.4% low, 88.9% moderate, 3.7% 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 · 4% of citations on record
  • Settled 2 · 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 2 decided S&S contests · industry: 79%
28%
Penalty reduction in decided contests
$480 proposed, $348 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 2009-09-11.
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 2009-229M Settlement Lesnick 2010 $263 → $131
YORK 2006-33M Settlement Lesnick 2006 $217 → $217
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: 2009-10-01, 16 years ago
0%
of limit-tested samples over the exposure limit
7
samples
3
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz3
  • Respirable dust, <.1mg3
  • Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (7)
Date Contaminant Concentration Limit Conc / limit Occupation
2009-10-01 Respirable dust, <.1mg 0 Truck Driver
2009-10-01 Unlisted Particulate, respirable, <1% Qtz 0.2 Front-end Loader Operator
2001-08-02 Respirable dust, <.1mg 0 Crusher Oper/Worker
2001-08-02 Quartz, respirable, >1% Qtz 0.6 0.98 0.61 Truck Driver
2001-08-02 Respirable dust, <.1mg 0 Dragline Operator
2001-08-02 Quartz, respirable, >1% Qtz 0.27 0.95 0.28 Front-end Loader Operator
2001-08-02 Quartz, respirable, >1% Qtz 0.32 1.05 0.30 Truck Driver
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.

Oaks Corners Pit recorded 0.00 reportable injury cases per 100 full-time workers in 2002.

Injury rate, 2002
ⓘ 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 4.17 and the all-US-mining average was 5.05 cases per 100 workers.
In New York, metal and nonmetal mining averaged 3.60 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
2002 * 0.00 0.00 0.000
2001 * 0.00 0.00 0.000
2000 * 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. Elderlee Inc 1950 to 1989
  2. Tcg Materials (New York) Inc 1989 to 1995
  3. Elam Sand & Gravel Corp 1995 to 2015
  4. Dendis Sand & Gravel, Inc. 2015 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2013 2
2012 3
2011 4
2010 4
2009 5
2008 5
2007 5
2006 4
2005 6
2004 7
2003 7
2002 8
2001 8
2000 9
Source: MSHA quarterly employment and production, updated weekly.

Oaks Corners Pit sits in Ontario 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.
Ontario County, New York · Population 112,405
0.0%
Mining share of county employment
$79,814
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
2013 Q2 342 0 0 0.0
2013 Q1 94 0 0 0.0
2012 Q4 630 0 0 0.0
2012 Q3 2,299 0 0 0.0
2012 Q2 1,948 2 0 1026.7
2012 Q1 346 0 0 0.0
2011 Q4 411 1 0 2433.1
2011 Q3 2,808 0 0 0.0
Show 46 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q2 2,765 0 0 0.0
2011 Q1 469 0 0 0.0
2010 Q4 1,499 0 0 0.0
2010 Q3 3,751 2 0 533.2
2010 Q2 3,698 0 0 0.0
2010 Q1 1,163 0 0 0.0
2009 Q4 2,766 1 1 361.5
2009 Q3 4,394 1 1 227.6
2009 Q2 5,023 0 0 0.0
2009 Q1 1,366 0 0 0.0
2008 Q4 2,870 0 0 0.0
2008 Q3 3,436 0 0 0.0
2008 Q2 2,878 5 0 1737.3
2008 Q1 1,896 0 0 0.0
2007 Q4 2,582 0 0 0.0
2007 Q3 3,149 5 0 1587.8
2007 Q2 2,925 1 0 341.9
2007 Q1 1,674 0 0 0.0
2006 Q4 2,256 0 0 0.0
2006 Q3 3,889 2 0 514.3
2006 Q2 3,825 0 0 0.0
2006 Q1 1,379 3 1 2175.5
2005 Q4 2,907 0 0 0.0
2005 Q3 4,967 0 0 0.0
2005 Q2 4,479 0 0 0.0
2005 Q1 1,718 0 0 0.0
2004 Q4 4,095 2 0 488.4
2004 Q3 5,068 0 0 0.0
2004 Q2 5,565 0 0 0.0
2004 Q1 2,238 0 0 0.0
2003 Q4 3,235 8 1 2473.0
2003 Q3 5,088 0 0 0.0
2003 Q2 5,538 0 0 0.0
2003 Q1 2,839 0 0 0.0
2002 Q4 4,252 2 0 470.4
2002 Q3 6,963 0 0 0.0
2002 Q2 6,685 4 1 598.4
2002 Q1 3,012 0 0 0.0
2001 Q4 4,601 0 0 0.0
2001 Q3 6,726 13 0 1932.8
2001 Q2 6,341 0 0 0.0
2001 Q1 2,837 0 0 0.0
2000 Q4 5,949 0 0 0.0
2000 Q3 8,143 0 0 0.0
2000 Q2 6,627 2 0 301.8
2000 Q1 3,532 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2005 · 1 incident

July 29, 2005 NY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Elam Sand & Gravel Corp · Struck by... (Not Elsewhere Classified)

EE WAS USING ONE HAMMER TO HIT ANOTHER HAMMER TO DISLODGE AN ITEM. A PIECE OF THE HAMMER FLEW OFF AND STRUCK HIM IN THE HAND

1999 · 1 incident

July 19, 1999 NY · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Elam Sand & Gravel Corp · Struck against a moving object

EMPLOYEE WAS DUMPING EXCESS MATERIAL INTO A POND. THERE WAS A BERM APPROX 10 FT FROM THE EDGE. BERM CAVED IN

1994 · 1 incident

February 23, 1994 NY · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger HANDLING OF MATERIALS
Tcg Materials (New York) Inc · Over-exertion in lifting objects

EE WAS INJURED WHILE TRYING TO LIFT LINE BORE MACHINE INTO PLACE TO PERFORM REPAIRS AS NEEDED TO 4600 MANITOWOC CRANE.

1993 · 2 incidents

September 27, 1993 NY · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Tcg Materials (New York) Inc · Over-exertion in pulling or pushing objects

WHILE TIGHTENING SCREEN BOLTS, HE PULLED ON RATCHET IN SUCH A MANNER THAT IT PULLED A MUSCLE IN HIS LOWER BACK.

July 24, 1993 NY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Tcg Materials (New York) Inc · Over-exertion (Not Elsewhere Classified)

IN PROCESS OF LOADING CAT HAULAGE TRUCK, EMPLOYE EINADVERTANTLY GRABBED THE WRONG LEVER INT EH 980 LOADER CAUSING MACHINE TO TIP VIOLENTLY CAUSING A WHIPLAST EFFECT TO OPERATOR.

1992 · 1 incident

September 1, 1992 NY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Tcg Materials (New York) Inc · Fall from machine

EMPLOYEE WAS IN THE PROCESS OF ADDING MOTOR OIL TO D-8 DOZER WHEN THE HANDLE ON THE MACHINE HE WAS USING FOR SUPPORT BROKE CAUSING HIM TO FALL BACKWARDS OFF THE MACHINE AND LAND ON HIS BACKSID E. THIS FALL CAUSED HIM BACK PAIN.

1991 · 1 incident

March 25, 1991 NY · Metal/Non-Metal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Tcg Materials (New York) Inc · Over-exertion in lifting objects

HE WAS LIFTING OXYGEN TANKS INTO THE BGACK OF A TRUCK HE MUST HAVE PULLED MUSCLES

1990 · 1 incident

February 8, 1990 NY · Metal/Non-Metal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger SLIP OR FALL OF PERSON
Tcg Materials (New York) Inc · Fall from machine

EMPLOYEE WAS CLIMBING ON TRACKS OF NORTHWEST MODEL 95 DRAGLINE IN PREPARATION TO ENTER MACHINE TO OPERATE WHEN HE SLIPPED ON TRACKS DUE TO ICY CONDITIONS OF SAME AND FELL BACK TO GROUND. HE LA NDED ON HIS FEET BUT THE IMPACT OF THE LANDING CAUSED EMPLOYEE'S BACK INJURY. THE INJURY HAS BEEN DIAGNOSED AS BACK STRAIN LUMBAR.