Mining Incidents

Rohr & Sons Nursery &Tree Farm: 75 MSHA citations Metal/Non-Metal

H. M. S. Construction · Surface
Controlled by John C Smith
Massallion, Stark County, OH  ·  Active
MSHA Mine ID: 3304680

Rohr & Sons Nursery &Tree Farm has $34K 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
0
Years on record
Latest incident
Compliance record
MSHA citations since 2011
75
citations
19
significant & substantial
$34,229
proposed penalties
$22,835
paid to date
67% of proposed penalties paid to date, a $11,394 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
30
inspections on record
420
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: 420 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Rohr & Sons Nursery &Tree Farm has $34K 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.
$34K
proposed penalties
$23K
current assessed
$23K
paid to date
$0
outstanding
70 assessments are final orders; 1 contested dockets.
Of $26K in penalties contested before the Commission, $15K was upheld in final decisions.
As of the most recent assessment on 2024-12-03.
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.
27.1%
significant & substantial
30.0%
high negligence or reckless
27.1%
reasonably likely or greater
28.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 18.6% low, 51.4% moderate, 30.0% 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.
11 citations taken to the federal commission · 15% of citations on record
  • Settled 6 · 55%
  • Stood as issued 5 · 45%
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 4 decided S&S contests · industry: 79%
43%
Penalty reduction in decided contests
$26K proposed, $15K 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 2014-06-10.
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 2014-0533 Settlement Andrews 2014 $26K → $15K
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: 2025-04-09
11
samples
0
limit-tested
Most sampled contaminants
  • Respirable dust, <.1mg11
Show the individual readings (11)
Date Contaminant Concentration Limit Conc / limit Occupation
2025-04-09 Respirable dust, <.1mg 0 Backhoe Operator
2025-04-09 Respirable dust, <.1mg 0 Front-end Loader Operator
2020-10-06 Respirable dust, <.1mg 0 Utility Man
2020-10-06 Respirable dust, <.1mg 0 Front-end Loader Operator
2017-11-02 Respirable dust, <.1mg 0 Front-end Loader Operator
2017-11-02 Respirable dust, <.1mg 0 Crusher Oper/Worker
2017-11-02 Respirable dust, <.1mg 0 Front-end Loader Operator
2016-11-02 Respirable dust, <.1mg 0 Front-end Loader Operator
2016-11-02 Respirable dust, <.1mg 0 Front-end Loader Operator
2016-11-02 Respirable dust, <.1mg 0 Backhoe Operator
2013-12-05 Respirable dust, <.1mg 0 Supervisor, Co. Official
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. H. M. S. Construction 2011 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 2
2025 2
2024 2
2023 2
2022 2
2021 2
2020 2
2019 2
2018 2
2017 2
2016 2
2015 1
2014 1
2013 1
2012 1
2011 1
Source: MSHA quarterly employment and production, updated weekly.

Rohr & Sons Nursery &Tree Farm sits in Stark County, Ohio, where the Census mining category is 0.4% 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.
Stark County, Ohio · Population 373,764
0.4%
Mining share of county employment
$65,740
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 1,056 0 0 0.0
2026 Q1 875 0 0 0.0
2025 Q4 933 0 0 0.0
2025 Q3 1,194 0 0 0.0
2025 Q2 1,178 0 0 0.0
2025 Q1 996 0 0 0.0
2024 Q4 1,181 2 0 1693.5
2024 Q3 1,221 0 0 0.0
Show 51 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 1,351 1 0 740.2
2024 Q1 1,074 1 0 931.1
2023 Q4 1,229 0 0 0.0
2023 Q3 1,380 1 0 724.6
2023 Q2 1,191 0 0 0.0
2023 Q1 914 0 0 0.0
2022 Q4 1,204 0 0 0.0
2022 Q3 1,115 0 0 0.0
2022 Q2 1,084 2 1 1845.0
2022 Q1 791 1 1 1264.2
2021 Q4 1,053 0 0 0.0
2021 Q3 1,090 0 0 0.0
2021 Q2 1,033 4 1 3872.2
2021 Q1 811 0 0 0.0
2020 Q4 1,076 2 1 1858.7
2020 Q3 1,232 0 0 0.0
2020 Q2 1,173 0 0 0.0
2020 Q1 880 0 0 0.0
2019 Q4 1,221 1 0 819.0
2019 Q3 1,312 0 0 0.0
2019 Q2 1,227 0 0 0.0
2019 Q1 830 0 0 0.0
2018 Q4 1,056 2 1 1893.9
2018 Q3 1,230 0 0 0.0
2018 Q2 1,207 0 0 0.0
2018 Q1 616 0 0 0.0
2017 Q4 1,153 0 0 0.0
2017 Q3 1,242 0 0 0.0
2017 Q2 1,151 0 0 0.0
2017 Q1 347 0 0 0.0
2016 Q4 1,109 2 0 1803.4
2016 Q3 1,118 0 0 0.0
2016 Q2 1,134 0 0 0.0
2016 Q1 92 0 0 0.0
2015 Q4 523 1 0 1912.0
2015 Q3 321 0 0 0.0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 465 0 0 0.0
2014 Q3 488 1 0 2049.2
2014 Q2 489 0 0 0.0
2014 Q1 0 11 4
2013 Q4 417 16 3 38369.3
2013 Q3 490 7 2 14285.7
2013 Q2 536 0 0 0.0
2013 Q1 40 0 0 0.0
2012 Q4 359 0 0 0.0
2012 Q3 505 0 0 0.0
2012 Q2 504 0 0 0.0
2012 Q1 176 0 0 0.0
2011 Q4 473 20 5 42283.3

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.