Texas Materials Hergotz Plant has $51K 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
2
Years on record
2012–2023
Latest incident
Oct 2023
Compliance record
MSHA citations since 2004
166
citations
39
significant & substantial
$50,535
proposed penalties
$50,013
paid to date
99% of proposed penalties paid to date, a $522 gap.
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: 825 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Texas Materials Hergotz Plant has $51K 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.
$51K
proposed penalties
$50K
current assessed
$50K
paid to date
$0
outstanding
163 assessments are final orders; 2 contested dockets.
Of $1K in penalties contested before the Commission, $628 was upheld in final decisions.
As of the most recent assessment on 2025-10-23.
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.
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.
4citations taken to the federal commission · 2% of citations on record
Settled
4 · 100%
25%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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%
45%
Penalty reduction in decided contests
$1K proposed, $628 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 2023-03-21.
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.
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: 2025-06-17
0%
of limit-tested samples over the exposure limit
15
samples
1
limit-tested
Most sampled contaminants
Respirable dust, <.1mg13
Quartz, respirable, >1% Qtz1
Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (15)
Date
Contaminant
Concentration
Limit
Conc / limit
Occupation
2025-06-17
Respirable dust, <.1mg
0
Front-end Loader Operator
2020-07-23
Respirable dust, <.1mg
0
Front-end Loader Operator
2020-07-23
Respirable dust, <.1mg
0
Cleanup Man
2020-07-23
Respirable dust, <.1mg
0
Screen/Scalper Operator
2020-07-23
Respirable dust, <.1mg
0
Truck Driver
2018-08-07
Respirable dust, <.1mg
0
Dry Screen Plant Operator
2018-08-07
Respirable dust, <.1mg
0
Supervisor, Co. Official
2018-08-07
Respirable dust, <.1mg
0
Cleanup Man
2012-04-04
Quartz, respirable, >1% Qtz
0.46
0.91
0.51
Crusher Oper/Worker
2012-04-04
Respirable dust, <.1mg
0
Dump Operator
2012-04-04
Respirable dust, <.1mg
0
Front-end Loader Operator
2009-03-24
Unlisted Particulate, respirable, <1% Qtz
0.18
Utility Man
2005-08-09
Respirable dust, <.1mg
0
Screen/Scalper Operator
2005-08-09
Respirable dust, <.1mg
0
Front-end Loader Operator
2005-08-09
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.
Texas Materials Hergotz Plant recorded 0.00 reportable injury cases per 100 full-time workers in 2025.
Injury rate, 2025
ⓘ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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US metal and nonmetal mining average was 1.65 and the all-US-mining average was 1.97 cases per 100 workers.
In Texas, metal and nonmetal mining averaged 1.17 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
2025 *
0.00
0.00
0.000
2024 *
0.00
0.00
0.000
2023 *
0.00
0.00
0.000
2021 *
0.00
0.00
0.000
2020 *
0.00
0.00
0.000
2019 *
0.00
0.00
0.000
2018 *
0.00
0.00
0.000
2017 *
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.
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year
Employees
2026
8
2025
8
2024
8
2023
8
2022
12
2021
12
2020
14
2019
15
2018
14
2017
14
2016
12
2015
12
2014
45
2013
11
2012
10
2011
11
2010
15
2009
14
2008
21
2007
19
2006
16
2005
16
2004
12
2003
7
Source: MSHA quarterly employment and production, updated weekly.
Texas Materials Hergotz Plant sits in Travis County, Texas, 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.
Travis County, Texas · Population 1,307,625
0.4%
Mining share of county employment
$97,169
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
While standing on the track of the dozer to check and fill the hydraulic oil, the employee lost EE's balance and fell from the track to the ground. Conditions were dry and no oil was apparent on the track. The employee was not wearing available fall protection and fell from a height of approximately 4.5 feet injuring EE's lower back.
2012 · 1 incident
June 28, 2012TX · Metal/Non-Metalrotary bucket excavator operatorMACHINERY