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Plant #90: 14 MSHA citations Metal/Non-Metal

Merrillan, WI, Clark County, WI  ·  Intermittent
MSHA Mine ID: 4703040

Plant #90 has $2K 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
13
Years on record
1995–2026
Latest incident
May 2026
Compliance record
MSHA citations since 2002
14
citations
2
significant & substantial
$1,774
proposed penalties
$1,679
paid to date
95% of proposed penalties paid to date, a $95 gap.
Source: MSHA violations data, updated weekly.
See Milestone Materials Div/Mathy Construction's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
36
inspections on record
321
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: 321 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Plant #90 has $2K 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.
$2K
proposed penalties
$2K
current assessed
$2K
paid to date
$0
outstanding
14 assessments are final orders; 1 contested dockets.
Of $737 in penalties contested before the Commission, $642 was upheld in final decisions.
As of the most recent assessment on 2021-10-19.
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.
14.3%
significant & substantial
0.0%
high negligence or reckless
14.3%
reasonably likely or greater
71.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 50.0% low, 50.0% moderate, 0.0% 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.
3 citations taken to the federal commission · 21% of citations on record
  • Settled 3 · 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%
13%
Penalty reduction in decided contests
$737 proposed, $642 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 2019-11-05.
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
LAKE 2020-0022 Settlement McCarthy 2020 $737 → $642
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: 2021-01-20, 5 years ago
0%
of limit-tested samples over the exposure limit
8
samples
3
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz4
  • Nuisance dust, total, <1% Qtz2
  • Respirable dust, <.1mg2
Show the individual readings (8)
Date Contaminant Concentration Limit Conc / limit Occupation
2021-01-20 Quartz, respirable, >1% Qtz 0.2 Front-end Loader Operator
2021-01-20 Quartz, respirable, >1% Qtz 0.22 0.73 0.30 Supervisor, Co. Official
2019-08-27 Quartz, respirable, >1% Qtz 0.14 Front-end Loader Operator
2019-08-27 Quartz, respirable, >1% Qtz 0.76 Crusher Oper/Worker
2019-08-27 Respirable dust, <.1mg 0 Front-end Loader Operator
2010-06-29 Respirable dust, <.1mg 0 Front-end Loader Operator
2003-10-29 Nuisance dust, total, <1% Qtz 0 10 0.00 Front-end Loader Operator
2003-10-29 Nuisance dust, total, <1% Qtz 0 10 0.00 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.

Plant #90 recorded 9.89 reportable injury cases per 100 full-time workers in 2023.

Injury rate, 2023
ⓘ 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.
9.89
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 1.78 and the all-US-mining average was 2.10 cases per 100 workers.
In Wisconsin, metal and nonmetal mining averaged 2.64 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
2023 * 9.89 0.00 0.000
2015 * 7.91 7.91 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. Milestone Materials Division Mathy Construction 1994 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 7
2025 6
2024 6
2023 7
2022 5
2021 6
2020 5
2019 5
2018 6
2017 6
2016 5
2015 9
2014 6
2013 3
2012 1
2011 1
2010 2
2009 2
2008 2
2007 2
2006 3
2005 4
2004 4
2003 3
2002 1
2001 1
2000 3
Source: MSHA quarterly employment and production, updated weekly.

Plant #90 sits in Clark County, Wisconsin, 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.
Clark County, Wisconsin · Population 34,736
0.3%
Mining share of county employment
$66,250
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 5,336 0 0 0.0
2026 Q1 4,616 0 0 0.0
2025 Q4 2,494 0 0 0.0
2025 Q3 4,699 0 0 0.0
2025 Q2 6,233 0 0 0.0
2025 Q1 4,759 0 0 0.0
2024 Q4 4,505 0 0 0.0
2024 Q3 4,406 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 5,689 0 0 0.0
2024 Q1 3,023 0 0 0.0
2023 Q4 5,092 0 0 0.0
2023 Q3 3,635 0 0 0.0
2023 Q2 6,308 0 0 0.0
2023 Q1 5,180 0 0 0.0
2022 Q4 4,162 0 0 0.0
2022 Q3 4,353 0 0 0.0
2022 Q2 4,062 0 0 0.0
2022 Q1 968 0 0 0.0
2021 Q4 4,154 1 0 240.7
2021 Q3 6,017 0 0 0.0
2021 Q2 4,823 0 0 0.0
2021 Q1 3,199 0 0 0.0
2020 Q4 3,984 0 0 0.0
2020 Q3 4,320 0 0 0.0
2020 Q2 3,999 0 0 0.0
2020 Q1 1,385 0 0 0.0
2019 Q4 3,449 1 0 289.9
2019 Q3 3,567 4 2 1121.4
2019 Q2 5,082 0 0 0.0
2019 Q1 1,153 0 0 0.0
2018 Q4 2,944 0 0 0.0
2018 Q3 5,641 0 0 0.0
2018 Q2 6,277 0 0 0.0
2018 Q1 3,649 0 0 0.0
2017 Q4 6,738 0 0 0.0
2017 Q3 4,112 0 0 0.0
2017 Q2 6,780 0 0 0.0
2017 Q1 685 0 0 0.0
2016 Q4 3,152 0 0 0.0
2016 Q3 6,082 0 0 0.0
2016 Q2 5,948 0 0 0.0
2016 Q1 1,112 0 0 0.0
2015 Q4 4,896 0 0 0.0
2015 Q3 5,056 0 0 0.0
2015 Q2 11,726 0 0 0.0
2015 Q1 3,595 0 0 0.0
2014 Q4 4,277 0 0 0.0
2014 Q3 6,673 2 0 299.7
2014 Q2 5,295 0 0 0.0
2014 Q1 1 0 0 0.0
2013 Q4 2,438 0 0 0.0
2013 Q3 3,392 0 0 0.0
2013 Q2 2,975 1 0 336.1
2013 Q1 1 0 0 0.0
2012 Q4 1 0 0 0.0
2012 Q3 1 0 0 0.0
2012 Q2 12 0 0 0.0
2012 Q1 14 0 0 0.0
2011 Q4 14 0 0 0.0
2011 Q3 214 0 0 0.0
2011 Q2 1,255 0 0 0.0
2011 Q1 106 0 0 0.0
2010 Q4 1,511 0 0 0.0
2010 Q3 917 0 0 0.0
2010 Q2 1,520 1 0 657.9
2010 Q1 140 0 0 0.0
2009 Q4 861 0 0 0.0
2009 Q3 1,411 1 0 708.7
2009 Q2 1,240 0 0 0.0
2009 Q1 47 0 0 0.0
2008 Q4 1,393 0 0 0.0
2008 Q3 1,396 0 0 0.0
2008 Q2 1,737 0 0 0.0
2008 Q1 1 0 0 0.0
2007 Q4 1,497 0 0 0.0
2007 Q3 1,694 0 0 0.0
2007 Q2 2,489 0 0 0.0
2007 Q1 248 0 0 0.0
2006 Q4 1,779 1 0 562.1
2006 Q3 3,063 0 0 0.0
2006 Q2 3,205 0 0 0.0
2006 Q1 1,572 0 0 0.0
2005 Q4 3,034 0 0 0.0
2005 Q3 4,355 0 0 0.0
2005 Q2 3,102 0 0 0.0
2005 Q1 1,806 0 0 0.0
2004 Q4 2,747 0 0 0.0
2004 Q3 3,979 0 0 0.0
2004 Q2 3,093 0 0 0.0
2004 Q1 1 0 0 0.0
2003 Q4 3,152 0 0 0.0
2003 Q3 1,381 0 0 0.0
2003 Q2 3,146 0 0 0.0
2003 Q1 891 0 0 0.0
2002 Q4 925 2 0 2162.2
2002 Q3 1,083 0 0 0.0
2002 Q2 900 0 0 0.0
2002 Q1 1 0 0 0.0
2001 Q4 751 0 0 0.0
2001 Q3 435 0 0 0.0
2001 Q2 696 0 0 0.0
2001 Q1 0 0 0
2000 Q4 1,186 0 0 0.0
2000 Q3 1,747 0 0 0.0
2000 Q2 1,678 0 0 0.0
2000 Q1 503 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

13 on file

2026 · 1 incident

2025 · 1 incident

2023 · 1 incident

2021 · 1 incident

January 18, 2021 WI · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Milestone Materials Division Mathy Construction · Fall to the walkway or working surface

Employee was walking around truck when left foot broke through the ice. Employee's right foot slipped on the ice and employee fell to the ground breaking lower leg.

2016 · 1 incident

2015 · 1 incident

April 7, 2015 WI · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Milestone Materials Division Mathy Construction · Struck against stationary object

Pushing air to air line back onto pipe, bracing against battery box of loader with side of body. Pushed hard enough against battery box to crack a rib.

2014 · 1 incident

2013 · 1 incident

2005 · 1 incident

May 11, 2005 WI · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Milestone Materials Division Mathy Construction · Struck against stationary object

As employee scraped the floor of the quarry with the loader, the bucket dug deep into the floor resulting in the loader stopping suddenly and he struck the windshield.

2004 · 1 incident

2000 · 1 incident

1996 · 1 incident

October 31, 1996 WI · Metal/Non-Metal drill operator MACHINERY
Milestone Materials Division Mathy Construction · Over-exertion (Not Elsewhere Classified)

WHILE CHANGING A STEEL, EE WAS THROWN BACK [A CHAIN BROKE]. THE WEIGHT OF THE STEEL PUSHED HIM BACK & TWISTED & BENT HIS BACK TO THE RIGHT.

1995 · 1 incident

November 14, 1995 WI · Metal/Non-Metal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor SLIP OR FALL OF PERSON
Milestone Materials Division Mathy Construction · Fall to the walkway or working surface

EMPLOYEE STEPPED OVER A WATERPIPE AND BOTH FEET SLIPPE DOUT ON THE WET, ICY SURFACE. HE LANDED ON HIS ELBOW WHICH JARRED HIS SHOULDER.