Heidelberg Materials Midwest Agg, Inc. · Struck against stationary object
Walking on bench, foot shifted underneath EE from a loose rock, strain to right knee (Became Reportable on 2/26/24)
UPTON QUARRY: 84 MSHA citations Metal/Non-Metal
HEIDELBERG MATERIALS MIDWEST AGG, INC.
· Surface
Controlled by
Heidelberg Materials AG
Upton,
Hardin County,
KY
·
Active
MSHA Mine ID: 1500045
UPTON QUARRY has $14K in proposed MSHA penalties and $0 outstanding across 7 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 5
- Years on record
- 1984–2023
- Latest incident
- Dec 2023
Compliance record
MSHA citations since 2000
84
citations
16
significant & substantial
$13,523
proposed penalties
$12,067
paid to date
89% of proposed penalties paid to date, a $1,456 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
81
inspections on record
1,369
inspection hours
6.1
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.84 citations across 1,369 inspection hours.
Source: MSHA inspections data, updated weekly.
UPTON QUARRY has $14K in proposed MSHA penalties and $0 outstanding across 7 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.$14K
proposed penalties
$12K
current assessed
$12K
paid to date
$0
outstanding
76 assessments are final orders; 7 contested dockets.
Of $4K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2025-11-17.
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.19.0%
significant & substantial
1.2%
high negligence or reckless
19.0%
reasonably likely or greater
39.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.1% low, 91.7% moderate, 1.2% 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.
15
citations taken to the federal commission · 18% of citations on record
- Settled 14 · 93%
- Vacated or withdrawn 1 · 7%
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 5 decided S&S contests · industry: 79%
38%
Penalty reduction in decided contests
$4K proposed, $3K 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 2024-02-08.
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 |
|---|---|---|---|---|
| KENT 2012-1310M | Prevail | Zielinski | 2013 | $2K → $1K |
| KENT 2012-570M | Settlement | Lesnick | 2012 | $480 → $397 |
| KENT 2010-437M | Settlement | Rae | 2011 | $463 → $347 |
| KENT 2010-1202M | Settlement | Pope II | 2012 | $343 → $274 |
| KENT 2011-716M | Settlement | Paez | 2012 | $162 → $137 |
| KENT 2024-0082 | Vacate | Manning | 2024 | $147 → $0 |
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: 2025-03-18
ⓘ
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.0%
of limit-tested samples over the exposure limit
37
samples
17
limit-tested
Most sampled contaminants
- Respirable dust, <.1mg19
- Nuisance dust, respirable, <1% Qtz13
- Quartz, respirable, >1% Qtz4
- Unlisted Particulate, respirable, <1% Qtz1
Show the individual readings (37)
| Date | Contaminant | Concentration | Limit | Conc / limit | Occupation |
|---|---|---|---|---|---|
| 2025-03-18 | Respirable dust, <.1mg | 0 | Truck Driver | ||
| 2025-03-18 | Respirable dust, <.1mg | 0 | Front-end Loader Operator | ||
| 2024-01-31 | Respirable dust, <.1mg | 0 | Backhoe Operator | ||
| 2024-01-31 | Respirable dust, <.1mg | 0 | Front-end Loader Operator | ||
| 2024-01-31 | Respirable dust, <.1mg | 0 | Cleanup Man | ||
| 2024-01-31 | Nuisance dust, respirable, <1% Qtz | 0.19 | 10 | 0.02 | Crusher Oper/Worker |
| 2022-08-09 | Respirable dust, <.1mg | 0 | Backhoe Operator | ||
| 2022-08-09 | Respirable dust, <.1mg | 0 | Truck Driver | ||
| 2022-08-09 | Respirable dust, <.1mg | 0 | Front-end Loader Operator | ||
| 2022-08-09 | Respirable dust, <.1mg | 0 | Front-end Loader Operator | ||
| 2021-04-07 | Respirable dust, <.1mg | 0 | Cleanup Man | ||
| 2021-04-07 | Respirable dust, <.1mg | 0 | Truck Driver | ||
| 2021-04-07 | Respirable dust, <.1mg | 0 | Truck Driver | ||
| 2021-04-07 | Respirable dust, <.1mg | 0 | Crusher Oper/Worker | ||
| 2018-10-18 | Respirable dust, <.1mg | 0 | Crusher Oper/Worker | ||
| 2018-10-18 | Respirable dust, <.1mg | 0 | Truck Driver | ||
| 2018-10-18 | Unlisted Particulate, respirable, <1% Qtz | 0.18 | Laborer, Bullgang | ||
| 2016-04-13 | Nuisance dust, respirable, <1% Qtz | 0.2 | 10 | 0.02 | Utility Man |
| 2016-04-13 | Nuisance dust, respirable, <1% Qtz | 0.24 | 10 | 0.02 | Truck Driver |
| 2016-04-13 | Quartz, respirable, >1% Qtz | 0.58 | 3.07 | 0.19 | Utility Man |
| 2016-04-13 | Nuisance dust, respirable, <1% Qtz | 0.16 | 10 | 0.02 | Truck Driver |
| 2009-10-27 | Nuisance dust, respirable, <1% Qtz | 0.61 | 10 | 0.06 | Dry Screen Plant Operator |
| 2009-10-27 | Nuisance dust, respirable, <1% Qtz | 0.12 | 10 | 0.01 | Truck Driver |
| 2009-10-27 | Nuisance dust, respirable, <1% Qtz | 0.22 | 10 | 0.02 | Crusher Oper/Worker |
| 2005-06-22 | Nuisance dust, respirable, <1% Qtz | 0.35 | 10 | 0.04 | Front-end Loader Operator |
| 2005-06-22 | Respirable dust, <.1mg | 0 | Crusher Oper/Worker | ||
| 2005-06-22 | Quartz, respirable, >1% Qtz | 0.55 | 2.49 | 0.22 | Truck Driver |
| 2004-06-30 | Respirable dust, <.1mg | 0 | Front-end Loader Operator | ||
| 2004-06-30 | Quartz, respirable, >1% Qtz | 0.12 | 0.62 | 0.19 | Truck Driver |
| 2004-06-30 | Nuisance dust, respirable, <1% Qtz | 0.25 | 10 | 0.03 | Cleanup Man |
| 2003-09-23 | Nuisance dust, respirable, <1% Qtz | 0.17 | 10 | 0.02 | Crusher Oper/Worker |
| 2003-09-23 | Nuisance dust, respirable, <1% Qtz | 0.34 | 10 | 0.03 | Dry Screen Plant Operator |
| 2003-09-23 | Nuisance dust, respirable, <1% Qtz | 0.23 | 10 | 0.02 | Truck Driver |
| 2001-05-02 | Nuisance dust, respirable, <1% Qtz | 0.3 | 10 | 0.03 | Truck Driver |
| 2001-05-02 | Quartz, respirable, >1% Qtz | 0.21 | 1.86 | 0.11 | Dry Screen Plant Operator |
| 2001-05-02 | Respirable dust, <.1mg | 0 | Crusher Oper/Worker | ||
| 2001-05-02 | 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.
UPTON QUARRY 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
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 Kentucky, metal and nonmetal mining averaged 2.17 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 |
| 2022 * | 0.00 | 0.00 | 0.000 |
| 2017 * | 0.00 | 0.00 | 0.000 |
| 2016 * | 0.00 | 0.00 | 0.000 |
| 2015 * | 0.00 | 0.00 | 0.000 |
| 2014 * | 6.57 | 6.57 | 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
- Kentucky Stone Company 1950 to 1988
- Heidelberg Materials Midwest Agg, Inc. 1988 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
| Year | Employees |
|---|---|
| 2026 | 11 |
| 2025 | 14 |
| 2024 | 21 |
| 2023 | 28 |
| 2022 | 26 |
| 2021 | 11 |
| 2020 | 11 |
| 2019 | 9 |
| 2018 | 11 |
| 2017 | 15 |
| 2016 | 20 |
| 2015 | 22 |
| 2014 | 16 |
| 2013 | 9 |
| 2012 | 10 |
| 2011 | 10 |
| 2010 | 10 |
| 2009 | 9 |
| 2008 | 11 |
| 2007 | 11 |
| 2006 | 11 |
| 2005 | 10 |
| 2004 | 10 |
| 2003 | 10 |
| 2002 | 24 |
| 2001 | 12 |
| 2000 | 13 |
Source: MSHA quarterly employment and production, updated weekly.
UPTON QUARRY sits in Hardin County, Kentucky, where the Census mining category is 0.1% 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.Hardin County, Kentucky · Population 111,452
0.1%
Mining share of county employment
$67,608
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 | 4,631 | 0 | 0 | 0.0 |
| 2026 Q1 | 3,386 | 0 | 0 | 0.0 |
| 2025 Q4 | 4,812 | 2 | 0 | 415.6 |
| 2025 Q3 | 4,254 | 0 | 0 | 0.0 |
| 2025 Q2 | 5,888 | 8 | 2 | 1358.7 |
| 2025 Q1 | 5,455 | 4 | 0 | 733.3 |
| 2024 Q4 | 6,250 | 0 | 0 | 0.0 |
| 2024 Q3 | 8,339 | 0 | 0 | 0.0 |
Show 97 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2024 Q2 | 11,388 | 0 | 0 | 0.0 |
| 2024 Q1 | 15,709 | 0 | 0 | 0.0 |
| 2023 Q4 | 18,513 | 3 | 1 | 162.0 |
| 2023 Q3 | 21,527 | 2 | 0 | 92.9 |
| 2023 Q2 | 17,995 | 0 | 0 | 0.0 |
| 2023 Q1 | 16,462 | 0 | 0 | 0.0 |
| 2022 Q4 | 14,514 | 2 | 1 | 137.8 |
| 2022 Q3 | 13,230 | 0 | 0 | 0.0 |
| 2022 Q2 | 14,736 | 0 | 0 | 0.0 |
| 2022 Q1 | 11,371 | 0 | 0 | 0.0 |
| 2021 Q4 | 3,427 | 0 | 0 | 0.0 |
| 2021 Q3 | 4,574 | 0 | 0 | 0.0 |
| 2021 Q2 | 5,039 | 0 | 0 | 0.0 |
| 2021 Q1 | 3,733 | 0 | 0 | 0.0 |
| 2020 Q4 | 4,787 | 0 | 0 | 0.0 |
| 2020 Q3 | 4,506 | 0 | 0 | 0.0 |
| 2020 Q2 | 3,916 | 0 | 0 | 0.0 |
| 2020 Q1 | 2,282 | 1 | 1 | 438.2 |
| 2019 Q4 | 2,638 | 0 | 0 | 0.0 |
| 2019 Q3 | 4,641 | 0 | 0 | 0.0 |
| 2019 Q2 | 5,173 | 1 | 0 | 193.3 |
| 2019 Q1 | 1,897 | 0 | 0 | 0.0 |
| 2018 Q4 | 5,316 | 2 | 0 | 376.2 |
| 2018 Q3 | 5,156 | 0 | 0 | 0.0 |
| 2018 Q2 | 5,430 | 1 | 0 | 184.2 |
| 2018 Q1 | 3,393 | 0 | 0 | 0.0 |
| 2017 Q4 | 4,473 | 1 | 0 | 223.6 |
| 2017 Q3 | 8,471 | 0 | 0 | 0.0 |
| 2017 Q2 | 10,557 | 1 | 0 | 94.7 |
| 2017 Q1 | 7,576 | 1 | 0 | 132.0 |
| 2016 Q4 | 7,357 | 0 | 0 | 0.0 |
| 2016 Q3 | 10,635 | 0 | 0 | 0.0 |
| 2016 Q2 | 11,794 | 2 | 1 | 169.6 |
| 2016 Q1 | 6,988 | 0 | 0 | 0.0 |
| 2015 Q4 | 9,874 | 0 | 0 | 0.0 |
| 2015 Q3 | 15,732 | 3 | 2 | 190.7 |
| 2015 Q2 | 14,330 | 1 | 0 | 69.8 |
| 2015 Q1 | 13,415 | 0 | 0 | 0.0 |
| 2014 Q4 | 16,641 | 1 | 0 | 60.1 |
| 2014 Q3 | 6,864 | 0 | 0 | 0.0 |
| 2014 Q2 | 4,897 | 0 | 0 | 0.0 |
| 2014 Q1 | 2,049 | 0 | 0 | 0.0 |
| 2013 Q4 | 4,026 | 2 | 0 | 496.8 |
| 2013 Q3 | 2,745 | 0 | 0 | 0.0 |
| 2013 Q2 | 4,264 | 0 | 0 | 0.0 |
| 2013 Q1 | 1,288 | 0 | 0 | 0.0 |
| 2012 Q4 | 2,308 | 0 | 0 | 0.0 |
| 2012 Q3 | 4,049 | 0 | 0 | 0.0 |
| 2012 Q2 | 5,654 | 4 | 1 | 707.5 |
| 2012 Q1 | 3,080 | 0 | 0 | 0.0 |
| 2011 Q4 | 4,453 | 4 | 1 | 898.3 |
| 2011 Q3 | 5,138 | 0 | 0 | 0.0 |
| 2011 Q2 | 4,906 | 2 | 0 | 407.7 |
| 2010 Q4 | 4,747 | 5 | 1 | 1053.3 |
| 2010 Q3 | 5,131 | 0 | 0 | 0.0 |
| 2010 Q2 | 5,685 | 2 | 1 | 351.8 |
| 2010 Q1 | 3,545 | 0 | 0 | 0.0 |
| 2009 Q4 | 4,140 | 3 | 1 | 724.6 |
| 2009 Q3 | 5,092 | 0 | 0 | 0.0 |
| 2009 Q2 | 3,156 | 1 | 0 | 316.9 |
| 2009 Q1 | 1,638 | 0 | 0 | 0.0 |
| 2008 Q4 | 2,918 | 0 | 0 | 0.0 |
| 2008 Q3 | 5,121 | 1 | 0 | 195.3 |
| 2008 Q2 | 5,506 | 0 | 0 | 0.0 |
| 2008 Q1 | 5,028 | 1 | 0 | 198.9 |
| 2007 Q4 | 5,620 | 0 | 0 | 0.0 |
| 2007 Q3 | 6,013 | 0 | 0 | 0.0 |
| 2007 Q2 | 6,257 | 0 | 0 | 0.0 |
| 2007 Q1 | 5,941 | 2 | 1 | 336.6 |
| 2006 Q4 | 5,580 | 0 | 0 | 0.0 |
| 2006 Q3 | 4,856 | 0 | 0 | 0.0 |
| 2006 Q2 | 4,240 | 2 | 0 | 471.7 |
| 2006 Q1 | 4,844 | 0 | 0 | 0.0 |
| 2005 Q4 | 5,248 | 1 | 0 | 190.5 |
| 2005 Q3 | 5,457 | 0 | 0 | 0.0 |
| 2005 Q2 | 5,687 | 1 | 0 | 175.8 |
| 2005 Q1 | 5,407 | 0 | 0 | 0.0 |
| 2004 Q4 | 5,406 | 0 | 0 | 0.0 |
| 2004 Q3 | 6,258 | 0 | 0 | 0.0 |
| 2004 Q2 | 4,895 | 0 | 0 | 0.0 |
| 2004 Q1 | 2,930 | 0 | 0 | 0.0 |
| 2003 Q4 | 5,126 | 0 | 0 | 0.0 |
| 2003 Q3 | 5,869 | 0 | 0 | 0.0 |
| 2003 Q2 | 6,119 | 0 | 0 | 0.0 |
| 2003 Q1 | 4,046 | 0 | 0 | 0.0 |
| 2002 Q4 | 5,030 | 0 | 0 | 0.0 |
| 2002 Q3 | 3,856 | 0 | 0 | 0.0 |
| 2002 Q2 | 1,647 | 0 | 0 | 0.0 |
| 2002 Q1 | 3,572 | 1 | 0 | 280.0 |
| 2001 Q4 | 5,056 | 0 | 0 | 0.0 |
| 2001 Q3 | 5,443 | 0 | 0 | 0.0 |
| 2001 Q2 | 5,398 | 3 | 0 | 555.8 |
| 2001 Q1 | 5,081 | 0 | 0 | 0.0 |
| 2000 Q4 | 6,264 | 1 | 0 | 159.6 |
| 2000 Q3 | 8,042 | 0 | 0 | 0.0 |
| 2000 Q2 | 7,662 | 0 | 0 | 0.0 |
| 2000 Q1 | 7,555 | 0 | 0 | 0.0 |
No fatalities recorded at this mine.
Reportable incidents
5 on file2023 · 1 incident
2014 · 1 incident
April 17, 2014
KY · Metal/Non-Metal
haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver
SLIP OR FALL OF PERSON
Heidelberg Materials Midwest Agg, Inc. · Fall from machine
CAT 769C caught fire. Employee jumped from cab platform, fell 7ft resulting in fractured R foot, fractured L tibia at knee, elbow contusion.
1986 · 1 incident
September 2, 1986
KY · Metal/Non-Metal
haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver
HANDLING OF MATERIALS
Kentucky Stone Company · Over-exertion in lifting objects
EMP WAS HELPING3REMOVE AND REPLACE ELECTRIC MOTOR ON #3 CONVEYOR WHEN HE STRAINED MUSCLES IN UPPER RT RIB CAGE
1984 · 2 incidents
Kentucky Stone Company · Fall from machine
EMPLOYEE STEPPED FROM HAULER ONTO STEP WHICH WAS LOOSE ON ONE END WHEN HE STEPPED DOWN THE STEP SLIPPED WHICH. CAUSED EMPLOYEE TO FALL PUTTING PRESSURE ON RIGHT ANKLE WHICH RESULTED IN SPRAINE D ANKLE.
May 18, 1984
KY · Metal/Non-Metal
maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech
STEPPING OR KNEELING ON OBJECT
Kentucky Stone Company · Struck against stationary object
EMPLOYEE WAS DRIVING PAY HULER HAULING WASTE TO FILL IN HOLES IN THE MAIN HAUL ROAD. EMPLOYEE STOPPED TRUCK AND GOT OUT OF CAB AND STEPPED ON SMALL ROCK CAUSING ANKLE TO TURN PULLING LIGAMENT N ANKLE.