Mining Incidents

Rock Quarry II: 193 MSHA citations Metal/Non-Metal

Controlled by James E Cox
Lometa, Lampasas County, TX  ·  Abandoned
MSHA Mine ID: 4104355

Rock Quarry II has $227K in proposed MSHA penalties and $1K outstanding across 11 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
16
Years on record
2005–2018
Latest incident
Jun 2018
Compliance record
MSHA citations since 2002
193
citations
75
significant & substantial
$226,569
proposed penalties
$169,153
paid to date
75% of proposed penalties paid to date, a $57,416 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
66
inspections on record
775
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: 775 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Rock Quarry II has $227K in proposed MSHA penalties and $1K outstanding across 11 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.
$227K
proposed penalties
$170K
current assessed
$169K
paid to date
$1K
outstanding
191 assessments are final orders; 11 contested dockets.
Of $143K in penalties contested before the Commission, $65K was upheld in final decisions.
As of the most recent assessment on 2020-01-15.
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.
39.3%
significant & substantial
25.1%
high negligence or reckless
39.3%
reasonably likely or greater
39.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.4% low, 66.5% moderate, 25.1% 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.
56 citations taken to the federal commission · 29% of citations on record
  • Settled 49 · 88%
  • Stood as issued 4 · 7%
  • Vacated or withdrawn 3 · 5%
84%
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 25 decided S&S contests · industry: 79%
54%
Penalty reduction in decided contests
$143K proposed, $65K 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 2015-10-25.
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
CENT 2009-151M Settlement Lesnick 2013 $53K → $5K
CENT 2016-0057 Withdrawal Moran 2016 $32K → $15K
CENT 2016-0008 Settlement Moran 2016 $24K → $23K
CENT 2015-0088 Settlement Lesnick 2015 $10K → $8K
CENT 2004-238M Settlement Hodgdon 2005 $7K → $4K
CENT 2005-60M Settlement Hodgdon 2005 $6K → $3K
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: 2017-01-10, 9 years ago
33%
of limit-tested samples over the exposure limit
18
samples
15
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz155 over
  • Respirable dust, <.1mg3
Show the individual readings (18)
Date Contaminant Concentration Limit Conc / limit Occupation
2016-11-30 Quartz, respirable, >1% Qtz 0.37 0.24 1.54 Stone Polisher/Cutter
2016-10-19 Quartz, respirable, >1% Qtz 0.63 0.37 1.70 Stone Polisher/Cutter
2016-10-19 Quartz, respirable, >1% Qtz 0.79 0.44 1.80 Stone Polisher/Cutter
2016-10-19 Quartz, respirable, >1% Qtz 0.32 0.28 1.14 Stone Polisher/Cutter
2012-06-12 Quartz, respirable, >1% Qtz 0.22 0.19 1.16 Stone Polisher/Cutter
2017-01-10 Quartz, respirable, >1% Qtz 0.23 0.27 0.85 Stone Polisher/Cutter
2016-11-30 Quartz, respirable, >1% Qtz 0.26 0.42 0.62 Stone Polisher/Cutter
2016-10-19 Quartz, respirable, >1% Qtz 0.2 1.01 0.20 Front-end Loader Operator
2012-06-12 Respirable dust, <.1mg 0 Stone Polisher/Cutter
2012-06-12 Quartz, respirable, >1% Qtz 0.18 0.26 0.69 Stone Polisher/Cutter
2012-06-12 Respirable dust, <.1mg 0 Stone Polisher/Cutter
2012-06-12 Respirable dust, <.1mg 0 Stone Polisher/Cutter
2011-11-29 Quartz, respirable, >1% Qtz 0.42 0.45 0.93 Stone Polisher/Cutter
2011-11-29 Quartz, respirable, >1% Qtz 0.15 1.1 0.14 Stone Polisher/Cutter
2011-11-29 Quartz, respirable, >1% Qtz 0.13 0.92 0.14 Bobcat Operator
2009-05-06 Quartz, respirable, >1% Qtz 0.16 0.32 0.50 Stone Polisher/Cutter
2009-05-06 Quartz, respirable, >1% Qtz 0.32 1.86 0.17 Stone Polisher/Cutter
2009-05-06 Quartz, respirable, >1% Qtz 0.4 0.44 0.91 Stone Polisher/Cutter
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.

Rock Quarry II recorded 0.00 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
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 1.94 and the all-US-mining average was 2.32 cases per 100 workers.
In Texas, metal and nonmetal mining averaged 1.84 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
2019 * 0.00 0.00 0.000
2018 * 6.95 6.95 0.000
2017 * 0.00 0.00 0.000
2016 * 6.42 3.21 0.000
2015 * 23.20 12.89 0.000
2014 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 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. Kirby Stone Co. II 2002 to 2004
  2. Kirby Stone Company LLC 2005 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2020 9
2019 12
2018 14
2017 22
2016 33
2015 40
2014 42
2013 46
2012 36
2011 36
2010 35
2009 33
2008 37
2007 39
2006 40
2005 31
2004 29
2003 29
2002 26
Source: MSHA quarterly employment and production, updated weekly.

Rock Quarry II sits in Lampasas County, Texas, where the Census mining category is 1.0% 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.
Lampasas County, Texas · Population 22,267
1.0%
Mining share of county employment
$76,919
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
2020 Q2 3,650 0 0 0.0
2020 Q1 4,684 3 2 640.5
2019 Q4 5,266 0 0 0.0
2019 Q3 5,008 0 0 0.0
2019 Q2 6,681 0 0 0.0
2019 Q1 5,250 3 0 571.4
2018 Q4 5,393 0 0 0.0
2018 Q3 8,071 1 1 123.9
Show 66 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2018 Q2 7,452 0 0 0.0
2018 Q1 7,872 2 0 254.1
2017 Q4 7,426 0 0 0.0
2017 Q3 9,383 3 0 319.7
2017 Q2 13,499 0 0 0.0
2017 Q1 12,712 1 0 78.7
2016 Q4 13,904 7 4 503.5
2016 Q3 15,246 0 0 0.0
2016 Q2 16,232 19 8 1170.5
2016 Q1 16,930 1 1 59.1
2015 Q4 18,703 2 1 106.9
2015 Q3 20,472 11 4 537.3
2015 Q2 20,776 6 2 288.8
2015 Q1 17,628 7 3 397.1
2014 Q4 17,088 0 0 0.0
2014 Q3 21,513 0 0 0.0
2014 Q2 23,039 9 2 390.6
2014 Q1 24,369 4 2 164.1
2013 Q4 21,922 0 0 0.0
2013 Q3 23,437 0 0 0.0
2013 Q2 22,328 4 0 179.1
2013 Q1 19,233 4 2 208.0
2012 Q4 15,459 0 0 0.0
2012 Q3 17,608 0 0 0.0
2012 Q2 18,726 5 2 267.0
2012 Q1 16,868 0 0 0.0
2011 Q4 18,302 3 1 163.9
2011 Q3 18,426 0 0 0.0
2011 Q2 21,119 1 0 47.4
2011 Q1 16,175 0 0 0.0
2010 Q4 18,376 2 1 108.8
2010 Q3 22,318 0 0 0.0
2010 Q2 18,939 5 2 264.0
2010 Q1 12,784 0 0 0.0
2009 Q4 17,403 2 1 114.9
2009 Q3 15,991 0 0 0.0
2009 Q2 16,535 10 4 604.8
2009 Q1 15,973 0 0 0.0
2008 Q4 20,863 8 2 383.5
2008 Q3 19,425 1 0 51.5
2008 Q2 22,025 0 0 0.0
2008 Q1 19,142 6 2 313.4
2007 Q4 21,642 0 0 0.0
2007 Q3 23,442 0 0 0.0
2007 Q2 26,409 7 2 265.1
2007 Q1 20,072 0 0 0.0
2006 Q4 21,401 0 0 0.0
2006 Q3 23,393 1 1 42.7
2006 Q2 20,845 0 0 0.0
2006 Q1 14,531 2 1 137.6
2005 Q4 15,218 0 0 0.0
2005 Q3 18,080 0 0 0.0
2005 Q2 18,177 4 3 220.1
2005 Q1 13,846 0 0 0.0
2004 Q4 8,700 0 0 0.0
2004 Q3 9,279 0 0 0.0
2004 Q2 15,868 17 7 1071.3
2004 Q1 12,044 13 3 1079.4
2003 Q4 14,400 0 0 0.0
2003 Q3 15,535 0 0 0.0
2003 Q2 14,727 0 0 0.0
2003 Q1 11,633 3 0 257.9
2002 Q4 10,000 0 0 0.0
2002 Q3 13,265 1 1 75.4
2002 Q2 11,434 15 10 1311.9
2002 Q1 9,600 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

16 on file

2018 · 1 incident

June 6, 2018 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Kirby Stone Company LLC · Over-exertion in lifting objects

Employee was moving rocks from a chopper table to a rock bin. They twisted their back

2016 · 2 incidents

July 13, 2016 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Kirby Stone Company LLC · Struck by falling object

As employee was "catching" rock at the chopper, some harder material was chopped causing rock to fall on employee's pinky causing it to dislocate.

January 15, 2016 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Kirby Stone Company LLC · Over-exertion in pulling or pushing objects

Employee was pushing stone through the chopper and strained left shoulder.

2015 · 9 incidents

November 9, 2015 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Kirby Stone Company LLC · Over-exertion in lifting objects

EE was stacking stone on a pallet and picked up a large stone and strained his back. I offered him medical attention, and he accepted and went to the doctor the next morning. He was given medication for pain and one week off duty until follow-up exam.

October 6, 2015 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Kirby Stone Company LLC · Over-exertion in lifting objects

Employee was stacking rock in bins and picked up a large stone and strained his back, after visiting the doctor he was sent home with pay for one week. An amended report will follow after further evaluation.

September 22, 2015 TX · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDLING OF MATERIALS
Kirby Stone Company LLC · Struck against stationary object

Employee was moving cut stone from bins to pallets and cut his hand on the edge of a sharp stone. I administered first-aid and took the employee to the hospital where he received a tetanus shot and seven sutures in his right hand.

September 17, 2015 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Kirby Stone Company LLC · Over-exertion in lifting objects

Employee was stacking rock on pallets and injured his wrist (right arm). He reported the incident to me immediately and was sent to the doctor the next morning. Upon examination, employee is prohibited from working for seven days. This report will be amended after follow-up examination.

September 10, 2015 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Kirby Stone Company LLC · Over-exertion in pulling or pushing objects

EE was pushing rock through the chopper and felt pain in his left shoulder. He reported it to me and I made a doctors appointment for him for Sep 11, 2015, EE has been prohibited from working for the next seven days by the physician. This report will be amended after his follow-up visit to the doctor.

July 28, 2015 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Kirby Stone Company LLC · Over-exertion in lifting objects

EE was stacking rock in bins off the front of off the chopper and strained his back he came to me and said his back hurt. We made a doctor's appointment for him and he was put on light duty for 10 days.

June 25, 2015 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Kirby Stone Company LLC · Over-exertion in lifting objects

Employee was stacking rock on pallets and strained his left wrist, he was sent to the doctor immediately.

April 6, 2015 TX · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Kirby Stone Company LLC · Struck against a moving object

Employee was operating a 550 Wacker Newson loader and complained his lower back was hurting. He was removed from duty immediately and sent to the doctor.

January 15, 2015 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Kirby Stone Company LLC · Over-exertion in lifting objects

EE was stacking rock on pallets and strained his back, he removed from duty and taken to doctor.

2005 · 4 incidents

May 3, 2005 TX · Metal/Non-Metal outside foreman, leadman MACHINERY
Kirby Stone Company LLC · Caught in, under or between (Not Elsewhere Classified)

Employee put hand into an area that has a pinch point while in operation.

April 14, 2005 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Kirby Stone Company LLC · Struck by falling object

Falling Rock off of chopper machine

April 5, 2005 TX · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Kirby Stone Company LLC · Struck against a moving object

Dropped rock from bucket on loader - coworker dropped rock.