Mining Incidents

Rath Pit: 47 MSHA citations Metal/Non-Metal

Controlled by Bryan A Nethery
Cuero, De Witt County, TX  ·  Active
MSHA Mine ID: 4105490

Rath Pit has $15K in proposed MSHA penalties and $0 outstanding across 0 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2021–2023
Latest incident
Aug 2023
Compliance record
MSHA citations since 2020
47
citations
9
significant & substantial
$15,363
proposed penalties
$15,363
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2020
23
inspections on record
225
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: 225 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Rath Pit has $15K in proposed MSHA penalties and $0 outstanding across 0 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.
$15K
proposed penalties
$15K
current assessed
$15K
paid to date
$0
outstanding
40 assessments are final orders; 0 contested dockets.
As of the most recent assessment on 2025-12-11.
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.
19.1%
significant & substantial
10.6%
high negligence or reckless
19.1%
reasonably likely or greater
34.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.4% low, 83.0% moderate, 10.6% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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: 2025-04-09
4
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg4
Show the individual readings (4)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-04-09 Respirable dust, <.1mg 0 Front-end Loader Operator
2021-01-13 Respirable dust, <.1mg 0 Complete Load-Haul-Dump
2021-01-13 Respirable dust, <.1mg 0 Complete Load-Haul-Dump
2021-01-13 Respirable dust, <.1mg 0 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.
Ownership history
  1. ABN Construction, LLC 2020 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 10
2025 13
2024 10
2023 10
2022 10
2021 11
2020 10
Source: MSHA quarterly employment and production, updated weekly.

Rath Pit sits in DeWitt County, Texas, where the Census mining category is 7.8% 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.
DeWitt County, Texas · Population 19,853
7.8%
Mining share of county employment
$64,014
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 2,634 0 0 0.0
2026 Q1 4,122 0 0 0.0
2025 Q4 5,728 1 0 174.6
2025 Q3 4,393 0 0 0.0
2025 Q2 4,041 2 0 494.9
2025 Q1 4,001 0 0 0.0
2024 Q4 4,835 3 0 620.5
2024 Q3 3,835 0 0 0.0
Show 18 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,808 4 0 1050.4
2024 Q1 3,929 1 0 254.5
2023 Q4 4,732 0 0 0.0
2023 Q3 4,805 0 0 0.0
2023 Q2 5,002 1 0 199.9
2023 Q1 3,525 4 0 1134.8
2022 Q4 3,607 0 0 0.0
2022 Q3 2,938 0 0 0.0
2022 Q2 5,118 2 0 390.8
2022 Q1 1,905 4 0 2099.7
2021 Q4 2,067 0 0 0.0
2021 Q3 4,239 0 0 0.0
2021 Q2 4,679 2 1 427.4
2021 Q1 4,938 5 1 1012.6
2020 Q4 6,065 0 0 0.0
2020 Q3 3,991 4 3 1002.3
2020 Q2 3,458 3 1 867.6
2020 Q1 3,458 4 2 1156.7
No fatalities recorded at this mine.

Reportable incidents

5 on file

2023 · 1 incident

August 28, 2023 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
ABN Construction, LLC · Struck by flying object

Tracks came off of the Track hoe. Co-worker told IE to get away from the machine while co-worker tried to get the machine fixed. At some point while trying to move the tracks, a piece of metal flew and hit IE in the left arm. Co-worker took IE to the ER and had the metal removed. Arm was x-rayed and stitched up. IE returned to lite duty the next day for work.

2022 · 2 incidents

June 15, 2022 TX · Metal/Non-Metal POWERED HAULAGE
ABN Construction, LLC · Accident type, without injuries

Employee was in a piece of equipment working material and backed into another employee's parked truck. The vehicle was damaged but no damage to equipment. No one was injured.

March 7, 2022 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
ABN Construction, LLC · Over-exertion (Not Elsewhere Classified)

Temperature was between 39 and 48 with light rain. Coming down on a ladder from coarse washer and lost footing, grabbing the hand railing.

2021 · 2 incidents

September 27, 2021 TX · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
ABN Construction, LLC · Struck against a moving object

EE was on 950M Wheel loader, not paying attention and backed up over a berm and laid the wheel loader on its side.

February 2, 2021 TX · Metal/Non-Metal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
ABN Construction, LLC · Struck by... (Not Elsewhere Classified)

Debris fell from excavator bounced off the side of bucket and rolled onto the railing of the 6x6 cab breaking window.