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Phelps Mine: 53 MSHA citations Metal/Non-Metal

Controlled by Heidelberg Materials AG
Phelps, Ontario County, NY  ·  Intermittent
MSHA Mine ID: 3000938

Phelps Mine has $6K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
1987–2016
Latest incident
Apr 2016
Compliance record
MSHA citations since 2000
53
citations
5
significant & substantial
$6,449
proposed penalties
$6,048
paid to date
94% of proposed penalties paid to date, a $401 gap.
Source: MSHA violations data, updated weekly.
See Heidelberg Materials Northeast-NY LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
53
inspections on record
635
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: 635 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Phelps Mine has $6K in proposed MSHA penalties and $0 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.
$6K
proposed penalties
$6K
current assessed
$6K
paid to date
$0
outstanding
49 assessments are final orders; 1 contested dockets.
Of $540 in penalties contested before the Commission, $224 was upheld in final decisions.
As of the most recent assessment on 2025-03-26.
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.
9.4%
significant & substantial
3.8%
high negligence or reckless
9.4%
reasonably likely or greater
43.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 26.4% low, 69.8% moderate, 3.8% 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.
1 citations taken to the federal commission · 2% of citations on record
  • Settled 1 · 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 1 decided S&S contests · industry: 79%
59%
Penalty reduction in decided contests
$540 proposed, $224 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 2009-10-07.
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 2010-10M Settlement Lesnick 2011 $540 → $224
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: 2024-09-19
0%
of limit-tested samples over the exposure limit
25
samples
10
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg15
  • Quartz, respirable, >1% Qtz10
Show the individual readings (25)
Date Contaminant Concentration Limit Conc / limit Occupation
2024-09-19 Quartz, respirable, >1% Qtz 0.36 0.73 0.49 Utility Man
2024-09-19 Quartz, respirable, >1% Qtz 0.19 0.69 0.28 Crusher Oper/Worker
2024-09-19 Respirable dust, <.1mg 0 Front-end Loader Operator
2024-09-19 Respirable dust, <.1mg 0 Utility Man
2021-06-15 Respirable dust, <.1mg 0 Dry Screen Plant Operator
2021-06-15 Respirable dust, <.1mg 0 Truck Driver
2021-06-15 Respirable dust, <.1mg 0 Backhoe Operator
2021-06-15 Respirable dust, <.1mg 0 Utility Man
2017-05-31 Respirable dust, <.1mg 0 Dragline Operator
2017-05-31 Respirable dust, <.1mg 0 Front-end Loader Operator
2017-05-31 Quartz, respirable, >1% Qtz 0.27 0.53 0.51 Crusher Oper/Worker
2011-06-23 Quartz, respirable, >1% Qtz 0.26 0.63 0.41 Crusher Oper/Worker
2011-06-23 Respirable dust, <.1mg 0 Front-end Loader Operator
2011-06-23 Quartz, respirable, >1% Qtz 0.24 0.75 0.32 Cleanup Man
2011-06-23 Respirable dust, <.1mg 0 Dragline Operator
2006-05-10 Quartz, respirable, >1% Qtz 0.18 0.72 0.25 Cleanup Man
2004-09-14 Respirable dust, <.1mg 0 Front-end Loader Operator
2004-09-14 Respirable dust, <.1mg 0 Crusher Oper/Worker
2004-09-14 Quartz, respirable, >1% Qtz 0.12 0.62 0.19 Cleanup Man
2004-09-14 Respirable dust, <.1mg 0 Crusher Oper/Worker
2004-09-14 Respirable dust, <.1mg 0 Cleanup Man
2003-05-20 Quartz, respirable, >1% Qtz 0.2 0.74 0.27 Laborer, Bullgang
2003-05-20 Quartz, respirable, >1% Qtz 0.31 0.98 0.32 Front-end Loader Operator
2003-05-20 Respirable dust, <.1mg 0 Front-end Loader Operator
2003-05-20 Quartz, respirable, >1% Qtz 0.21 0.67 0.31 Crusher Oper/Worker
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
  1. Ontario Materials Inc 1950 to 1987
  2. B R Dewitt Inc 1987 to 1999
  3. Hanson Aggregates Brd Inc 1999 to 2004
  4. Hanson Aggregates Inc 2004 to 2004
  5. Heidelberg Materials Northeast-NY LLC 2004 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 4
2025 4
2024 5
2023 4
2022 4
2021 4
2020 3
2019 2
2018 2
2017 3
2016 3
2015 4
2014 4
2013 4
2012 6
2011 5
2010 4
2009 6
2008 5
2007 6
2006 6
2005 6
2004 6
2003 6
2002 4
2001 5
2000 6
Source: MSHA quarterly employment and production, updated weekly.

Phelps Mine 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
2026 Q2 2,038 0 0 0.0
2026 Q1 526 0 0 0.0
2025 Q4 783 4 0 5108.6
2025 Q3 1,834 0 0 0.0
2025 Q2 1,921 0 0 0.0
2025 Q1 400 2 0 5000.0
2024 Q4 873 0 0 0.0
2024 Q3 2,002 3 0 1498.5
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 2,164 0 0 0.0
2024 Q1 1,505 0 0 0.0
2023 Q4 0 0 0
2023 Q3 2,199 0 0 0.0
2023 Q2 1,789 0 0 0.0
2023 Q1 696 1 0 1436.8
2022 Q4 1,411 0 0 0.0
2022 Q3 1,694 0 0 0.0
2022 Q2 2,641 0 0 0.0
2022 Q1 757 0 0 0.0
2021 Q4 1,486 0 0 0.0
2021 Q3 2,839 0 0 0.0
2021 Q2 2,601 3 0 1153.4
2021 Q1 925 0 0 0.0
2020 Q4 1,220 0 0 0.0
2020 Q3 1,790 0 0 0.0
2020 Q2 1,058 3 0 2835.5
2020 Q1 200 0 0 0.0
2019 Q4 0 0 0
2019 Q3 2,126 1 0 470.4
2019 Q2 1,695 0 0 0.0
2019 Q1 0 0 0
2018 Q4 1,001 0 0 0.0
2018 Q3 1,800 0 0 0.0
2018 Q2 1,324 3 1 2265.9
2018 Q1 0 0 0
2017 Q4 802 0 0 0.0
2017 Q3 1,648 0 0 0.0
2017 Q2 560 1 0 1785.7
2017 Q1 0 0 0
2016 Q4 1,030 1 0 970.9
2016 Q3 1,902 5 1 2628.8
2016 Q2 2,944 0 0 0.0
2016 Q1 0 0 0
2015 Q4 1,272 0 0 0.0
2015 Q3 2,447 0 0 0.0
2015 Q2 2,780 0 0 0.0
2015 Q1 300 0 0 0.0
2014 Q4 1,618 0 0 0.0
2014 Q3 2,834 0 0 0.0
2014 Q2 2,209 0 0 0.0
2014 Q1 278 0 0 0.0
2013 Q4 1,255 0 0 0.0
2013 Q3 2,141 0 0 0.0
2013 Q2 2,434 0 0 0.0
2013 Q1 360 0 0 0.0
2012 Q4 1,605 0 0 0.0
2012 Q3 2,773 2 0 721.2
2012 Q2 2,767 0 0 0.0
2012 Q1 890 1 0 1123.6
2011 Q4 1,843 0 0 0.0
2011 Q3 2,891 0 0 0.0
2011 Q2 3,177 2 0 629.5
2011 Q1 1,085 1 0 921.7
2010 Q4 180 0 0 0.0
2010 Q3 3,150 2 1 634.9
2010 Q2 1,198 0 0 0.0
2010 Q1 1,416 2 0 1412.4
2009 Q4 2,361 0 0 0.0
2009 Q3 4,689 4 1 853.1
2009 Q2 4,216 0 0 0.0
2009 Q1 2,720 2 0 735.3
2008 Q4 2,500 0 0 0.0
2008 Q3 941 0 0 0.0
2008 Q2 3,095 0 0 0.0
2008 Q1 1,958 0 0 0.0
2007 Q4 1,772 0 0 0.0
2007 Q3 3,657 0 0 0.0
2007 Q2 3,381 0 0 0.0
2007 Q1 2,899 0 0 0.0
2006 Q4 2,221 0 0 0.0
2006 Q3 3,365 0 0 0.0
2006 Q2 3,762 2 0 531.6
2006 Q1 1,337 0 0 0.0
2005 Q4 1,757 0 0 0.0
2005 Q3 3,494 0 0 0.0
2005 Q2 3,604 0 0 0.0
2005 Q1 1,558 0 0 0.0
2004 Q4 2,052 0 0 0.0
2004 Q3 3,304 1 0 302.7
2004 Q2 3,285 0 0 0.0
2004 Q1 2,048 1 0 488.3
2003 Q4 1,556 0 0 0.0
2003 Q3 3,958 0 0 0.0
2003 Q2 3,640 0 0 0.0
2003 Q1 1,547 0 0 0.0
2002 Q4 2,320 0 0 0.0
2002 Q3 3,238 0 0 0.0
2002 Q2 3,765 2 1 531.2
2002 Q1 1,552 1 0 644.3
2001 Q4 1,611 0 0 0.0
2001 Q3 3,811 0 0 0.0
2001 Q2 4,342 0 0 0.0
2001 Q1 2,326 0 0 0.0
2000 Q4 3,501 2 0 571.3
2000 Q3 4,149 0 0 0.0
2000 Q2 4,397 0 0 0.0
2000 Q1 2,299 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2016 · 1 incident

April 4, 2016 NY · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman ALL OTHER OCCUPATIONAL ILLNESSES
Heidelberg Materials Northeast-NY LLC · (Not Elsewhere Classified)

Employee felt pain in shoulder over the last few years and decided to get it looked at this year - Repetitive had surgery on 8/4/2016

2002 · 1 incident

September 26, 2002 NY · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Hanson Aggregates Brd Inc · Struck by... (Not Elsewhere Classified)

CUTTING BELTING KNIFE SLIPPED.

1997 · 2 incidents

November 18, 1997 NY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
B R Dewitt Inc · Fall from machine

CLIMBING INTO CAB WHEN LOADER BUCKET RAISED AND EE WAS DRAWN UP AND OVER THE MACHINE.

May 1, 1997 NY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
B R Dewitt Inc · Struck by flying object

WHILE HITTING TOOTH OF DRAG BUCKET WITH HAMMER, A PIECE OF STEEL ENTERED RIGHT THIGH.

1990 · 1 incident

1988 · 2 incidents

October 7, 1988 NY · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator MACHINERY
B R Dewitt Inc · Contact with hot objects or substances

EMPL WAS WELDING AND A PIECE OF SLAG FLEW OVER HIS SAFETY GLASSES AND INTO HIS L EYE LOST DAY 10-13-88

May 5, 1988 NY · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
B R Dewitt Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS REMOVING COVER FROM JAW CRUSHER EMPLOYEE DID NOT LOSE TIME FROM WORK UNTIL JUNE 20 1988

1987 · 1 incident

July 22, 1987 NY · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDTOOLS (NONPOWERED)
B R Dewitt Inc · Struck by... (Not Elsewhere Classified)

EE WAS WORKING 2N A CONVEYOR & WHEN HE HIT GUARD WITH A HAMMER, DIRT GOT IN HIS EYE.