Mining Incidents

Rinker Materials Malpie Quarry: 22 MSHA citations Metal/Non-Metal

Controlled by Cemex S A
Des Moines, Union County, NM  ·  Abandoned
MSHA Mine ID: 2902205

Rinker Materials Malpie Quarry has $7K 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
3
Years on record
2003–2004
Latest incident
Aug 2004
Compliance record
MSHA citations since 2001
22
citations
6
significant & substantial
$7,269
proposed penalties
$4,479
paid to date
62% of proposed penalties paid to date, a $2,790 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
28
inspections on record
456
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: 456 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Rinker Materials Malpie Quarry has $7K 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.
$7K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
22 assessments are final orders; 2 contested dockets.
Of $6K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2005-10-25.
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.
27.3%
significant & substantial
0.0%
high negligence or reckless
27.3%
reasonably likely or greater
86.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.6% low, 86.4% 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.
2 citations taken to the federal commission · 9% 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%
66%
Penalty reduction in decided contests
$4K proposed, $1K 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 2002-11-19.
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
CENT20030089M Settlement Schroeder 2003 $4K → $1K
CENT 2004-69-M Settlement Zielinski 2004 $2K → $2K
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: 2005-10-26, 20 years ago
0%
of limit-tested samples over the exposure limit
12
samples
2
limit-tested
Most sampled contaminants
  • Unlisted Particulate, respirable, <1% Qtz8
  • Quartz, respirable, >1% Qtz2
  • Respirable dust, <.1mg2
Show the individual readings (12)
Date Contaminant Concentration Limit Conc / limit Occupation
2005-10-26 Respirable dust, <.1mg 0 Front-end Loader Operator
2005-10-26 Quartz, respirable, >1% Qtz 0.49 2.37 0.21 Crusher Oper/Worker
2005-10-26 Quartz, respirable, >1% Qtz 0.47 2.82 0.17 Truck Driver
2005-10-26 Unlisted Particulate, respirable, <1% Qtz 0.68 Laborer, Bullgang
2005-10-26 Unlisted Particulate, respirable, <1% Qtz 0.15 Front-end Loader Operator
2003-10-28 Unlisted Particulate, respirable, <1% Qtz 0.28 Front-end Loader Operator
2003-10-28 Unlisted Particulate, respirable, <1% Qtz 0.14 Truck Driver
2003-10-28 Unlisted Particulate, respirable, <1% Qtz 0.43 Bulldozer Operator
2003-10-28 Unlisted Particulate, respirable, <1% Qtz 0.18 Truck Driver
2002-04-16 Unlisted Particulate, respirable, <1% Qtz 1.65 Front-end Loader Operator
2002-04-16 Respirable dust, <.1mg 0 Front-end Loader Operator
2002-04-16 Unlisted Particulate, respirable, <1% Qtz 0.61 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.

Rinker Materials Malpie Quarry recorded 0.00 reportable injury cases per 100 full-time workers in 2005.

Injury rate, 2005
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
Below average. The US metal and nonmetal mining average was 3.76 and the all-US-mining average was 4.21 cases per 100 workers.
In New Mexico, metal and nonmetal mining averaged 3.04 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
2005 * 0.00 0.00 0.000
2004 * 6.10 0.00 0.000
2003 * 12.42 6.21 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. Twin Mountain Rock Company 2000 to 2002
  2. Rinker Materials Western Inc. 2002 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2006 12
2005 16
2004 17
2003 14
2002 8
2001 5
2000 8
Source: MSHA quarterly employment and production, updated weekly.

Rinker Materials Malpie Quarry sits in Union County, New Mexico, 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.
Union County, New Mexico · Population 4,039
0.0%
Mining share of county employment
$45,319
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
2006 Q3 1,455 0 0 0.0
2006 Q2 6,427 0 0 0.0
2006 Q1 6,919 0 0 0.0
2005 Q4 7,344 6 1 817.0
2005 Q3 4,606 0 0 0.0
2005 Q2 6,783 0 0 0.0
2005 Q1 7,803 2 1 256.3
2004 Q4 7,134 0 0 0.0
Show 17 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2004 Q3 8,815 0 0 0.0
2004 Q2 8,641 3 0 347.2
2004 Q1 8,202 0 0 0.0
2003 Q4 7,626 1 0 131.1
2003 Q3 9,262 4 0 431.9
2003 Q2 8,220 0 0 0.0
2003 Q1 7,090 2 2 282.1
2002 Q4 4,129 1 0 242.2
2002 Q3 4,223 0 0 0.0
2002 Q2 3,759 2 2 532.1
2002 Q1 3,694 0 0 0.0
2001 Q4 1,757 0 0 0.0
2001 Q3 1,769 0 0 0.0
2001 Q2 3,116 1 0 320.9
2001 Q1 3,529 0 0 0.0
2000 Q4 3,526 0 0 0.0
2000 Q3 3,972 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2004 · 1 incident

August 31, 2004 NM · Metal/Non-Metal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator POWERED HAULAGE
Rinker Materials Western Inc. · Struck against a moving object

On August 27, a section of rail was removed from the pallet storage area and backfilled. Rain caused the backfill to compact and subside forming a small pothole. Employee was carrying a finished pallet to the storage yard with a forklift and hit the pothole. This impact caused the forklift to "buck" violently hurting employee's neck.

2003 · 2 incidents

September 26, 2003 NM · Metal/Non-Metal welder (shop) MACHINERY
Rinker Materials Western Inc. · Contact with hot objects or substances

EE WAS WELDING ON NEW TRUCK DUMP WHEN A PIECE OF SLAG GOT UP UNDER HIS WELDING HOOD AND LANDED IN HIS LEFT EYE. EE WAS WELDING OVERHEAD WHEN ACCIDENT HAPPENED.

August 6, 2003 NM · Metal/Non-Metal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Rinker Materials Western Inc. · Contact with hot objects or substances

EMPLOYEE WAS USING A CUTTING TORCH TO CUT SOME STEEL. WHEN HIS GLOVE BECAME LOOSE ON HIS HAND HE RELEASED PRESSURE ON THE TORCH TO TIGHTEN HIS GLOVE AND THE TORCH FLIPPED IN HIS HAND DUE TO A TWIST IN THE HOSE CAUSING A BURN TO LEFT FOREARM.