Mining Incidents

QE-440 #941: 10 MSHA citations Metal/Non-Metal

Controlled by Heidelberg Materials AG
Fultonville, Montgomery County, NY  ·  Temporarily Idled
MSHA Mine ID: 3003850

QE-440 #941 has $1K 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
1
Years on record
2015
Latest incident
Oct 2015
Compliance record
MSHA citations since 2013
10
citations
2
significant & substantial
$1,319
proposed penalties
$1,319
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2012
17
inspections on record
127
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: 127 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

QE-440 #941 has $1K 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.
$1K
proposed penalties
$1K
current assessed
$1K
paid to date
$0
outstanding
10 assessments are final orders; 1 contested dockets.
Of $378 in penalties contested before the Commission, $378 was upheld in final decisions.
As of the most recent assessment on 2022-10-04.
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.
20.0%
significant & substantial
0.0%
high negligence or reckless
20.0%
reasonably likely or greater
20.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.0% low, 80.0% 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.
1 citations taken to the federal commission · 10% of citations on record
  • Stood as issued 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%
0%
Penalty reduction in decided contests
$378 proposed, $378 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 2022-11-22.
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 2023-0019 Default 2023 $378 → $378
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: 2022-10-06, 3 years ago
0%
of limit-tested samples over the exposure limit
5
samples
3
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz3
  • Respirable dust, <.1mg2
Show the individual readings (5)
Date Contaminant Concentration Limit Conc / limit Occupation
2022-10-06 Quartz, respirable, >1% Qtz 0.21 0.45 0.47 Rotary Bucket Ex. Operator
2019-09-24 Respirable dust, <.1mg 0 Screen/Scalper Operator
2015-10-07 Respirable dust, <.1mg 0 Front-end Loader Operator
2015-10-07 Quartz, respirable, >1% Qtz 0.12 0.4 0.30 Front-end Loader Operator
2015-10-07 Quartz, respirable, >1% Qtz 0.27 0.48 0.56 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. Carver Sand & Gravel LLC 2012 to 2025
  2. Heidelberg Materials Northeast LLC 2025 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2025 0
2024 0
2023 2
2022 5
2021 2
2020 4
2019 3
2018 3
2017 1
2016 3
2015 2
2014 3
2013 2
2012 2
Source: MSHA quarterly employment and production, updated weekly.

QE-440 #941 sits in Montgomery County, New York, where the Census mining category is 0.1% 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.
Montgomery County, New York · Population 49,461
0.1%
Mining share of county employment
$62,923
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
2025 Q4 0 0 0
2025 Q3 0 0 0
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 0 0 0
2024 Q2 0 0 0
2024 Q1 0 0 0
Show 46 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 36 0 0 0.0
2023 Q1 1,422 0 0 0.0
2022 Q4 108 1 1 9259.3
2022 Q3 545 0 0 0.0
2022 Q2 304 0 0 0.0
2021 Q4 0 0 0
2021 Q3 759 0 0 0.0
2021 Q2 486 0 0 0.0
2021 Q1 0 0 0
2020 Q4 395 0 0 0.0
2020 Q3 755 0 0 0.0
2020 Q2 11 1 0 90909.1
2020 Q1 0 0 0
2019 Q4 370 0 0 0.0
2019 Q3 775 0 0 0.0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 366 0 0 0.0
2018 Q3 426 0 0 0.0
2018 Q2 314 1 0 3184.7
2018 Q1 56 0 0 0.0
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 93 0 0 0.0
2017 Q1 40 0 0 0.0
2016 Q4 1,858 0 0 0.0
2016 Q3 849 0 0 0.0
2016 Q2 771 0 0 0.0
2016 Q1 579 0 0 0.0
2015 Q4 886 5 0 5643.3
2015 Q3 800 0 0 0.0
2015 Q2 295 0 0 0.0
2015 Q1 0 0 0
2014 Q4 290 0 0 0.0
2014 Q3 506 0 0 0.0
2014 Q2 216 0 0 0.0
2014 Q1 1,026 0 0 0.0
2013 Q4 1,275 2 1 1568.6
2013 Q3 765 0 0 0.0
2013 Q2 575 0 0 0.0
2013 Q1 513 0 0 0.0
2012 Q4 540 0 0 0.0
2012 Q3 2,344 0 0 0.0
2012 Q2 236 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2015 · 1 incident

October 19, 2015 NY · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Carver Sand & Gravel LLC · Struck against a moving object

Hit a dip in the haul road with a loader and bounced operator up and forward in the seat causing the operator to hit his head on the plastic visor located above the windshield.