Mining Incidents

Valentine Pit: 113 MSHA citations Metal/Non-Metal

Controlled by GMS Inc; David Shoup
CarlsbaD, Eddy County, NM  ·  Abandoned
MSHA Mine ID: 2902333

Valentine Pit has $63K 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
2
Years on record
2009–2010
Latest incident
Nov 2010
Compliance record
MSHA citations since 2007
113
citations
28
significant & substantial
$62,788
proposed penalties
$53,092
paid to date
85% of proposed penalties paid to date, a $9,696 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
54
inspections on record
460
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: 460 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Valentine Pit has $63K 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.
$63K
proposed penalties
$53K
current assessed
$53K
paid to date
$0
outstanding
113 assessments are final orders; 1 contested dockets.
Of $15K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2022-09-13.
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.
24.8%
significant & substantial
6.2%
high negligence or reckless
24.8%
reasonably likely or greater
50.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.8% low, 77.0% moderate, 6.2% 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.
1 citations taken to the federal commission · 1% of citations on record
  • Settled 1 · 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 1 decided S&S contests · industry: 79%
64%
Penalty reduction in decided contests
$15K proposed, $6K 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 2011-10-31.
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 2012-106M Settlement Lesnick 2012 $15K → $6K
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: 2020-09-15, 5 years ago
0%
of limit-tested samples over the exposure limit
19
samples
14
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz11
  • Nuisance dust, respirable, <1% Qtz3
  • Unlisted Particulate, respirable, <1% Qtz3
  • Respirable dust, <.1mg2
Show the individual readings (19)
Date Contaminant Concentration Limit Conc / limit Occupation
2020-09-15 Respirable dust, <.1mg 0 Front-end Loader Operator
2020-09-15 Unlisted Particulate, respirable, <1% Qtz 0.31 Front-end Loader Operator
2019-05-29 Quartz, respirable, >1% Qtz 2.32 2.79 0.83 Crusher Oper/Worker
2017-08-09 Quartz, respirable, >1% Qtz 0.84 2.56 0.33 Crusher Oper/Worker
2017-08-09 Nuisance dust, respirable, <1% Qtz 0.25 10 0.03 Front-end Loader Operator
2012-07-05 Nuisance dust, respirable, <1% Qtz 0.44 10 0.04 Crusher Oper/Worker
2012-07-05 Respirable dust, <.1mg 0 Front-end Loader Operator
2012-07-05 Quartz, respirable, >1% Qtz 0.42 2.68 0.16 Crusher Oper/Worker
2010-04-13 Quartz, respirable, >1% Qtz 0.19 1.42 0.13 Complete Load-Haul-Dump
2010-04-13 Quartz, respirable, >1% Qtz 0.12 1.25 0.10 Front-end Loader Operator
2010-04-13 Quartz, respirable, >1% Qtz 0.31 1.96 0.16 Rotary Bucket Ex. Operator
2009-09-16 Quartz, respirable, >1% Qtz 0.41 2.64 0.16 Utility Man
2009-09-16 Quartz, respirable, >1% Qtz 0.34 2.24 0.15 Crusher Oper/Worker
2008-06-11 Unlisted Particulate, respirable, <1% Qtz 0.68 Crusher Oper/Worker
2008-06-11 Quartz, respirable, >1% Qtz 0.41 1.56 0.26 Crusher Oper/Worker
2008-06-11 Unlisted Particulate, respirable, <1% Qtz 0.14 Truck Driver
2007-07-25 Quartz, respirable, >1% Qtz 0.26 1.62 0.16 Crusher Oper/Worker
2007-07-25 Nuisance dust, respirable, <1% Qtz 0.49 10 0.05 Tractor Operator
2007-07-25 Quartz, respirable, >1% Qtz 0.45 2.41 0.19 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.

Valentine Pit recorded 0.00 reportable injury cases per 100 full-time workers in 2016.

Injury rate, 2016
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 2.17 and the all-US-mining average was 2.59 cases per 100 workers.
In New Mexico, metal and nonmetal mining averaged 2.27 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
2016 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 7.81 7.81 0.000
2009 * 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
  1. Constructors Inc 2006 to 2015
  2. United Materials, LLP 2015 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2022 4
2021 7
2020 7
2019 6
2018 4
2017 5
2016 7
2015 12
2014 9
2013 10
2012 10
2011 11
2010 11
2009 12
2008 19
2007 12
2006 10
Source: MSHA quarterly employment and production, updated weekly.

Valentine Pit sits in Eddy County, New Mexico, where the Census mining category is 15.0% 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.
Eddy County, New Mexico · Population 61,114
15.0%
Mining share of county employment
$79,605
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
2022 Q4 2,672 0 0 0.0
2021 Q2 3,460 4 1 1156.1
2021 Q1 391 0 0 0.0
2020 Q4 3,049 0 0 0.0
2020 Q3 2,870 0 0 0.0
2020 Q2 3,167 2 0 631.5
2020 Q1 3,539 0 0 0.0
2019 Q4 5,032 4 0 794.9
Show 52 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2019 Q3 1,983 0 0 0.0
2019 Q2 1,372 0 0 0.0
2019 Q1 2,346 3 0 1278.8
2018 Q4 2,710 0 0 0.0
2018 Q3 260 0 0 0.0
2018 Q2 3,259 1 0 306.8
2018 Q1 2,254 1 0 443.7
2017 Q4 4,220 0 0 0.0
2017 Q3 1,480 1 0 675.7
2017 Q2 1,554 3 0 1930.5
2017 Q1 3,406 0 0 0.0
2016 Q4 2,794 3 0 1073.7
2016 Q3 4,173 0 0 0.0
2016 Q2 6,635 0 0 0.0
2016 Q1 7,293 0 0 0.0
2015 Q4 8,535 4 2 468.7
2015 Q3 13,065 0 0 0.0
2015 Q2 2,042 7 2 3428.0
2015 Q1 9,257 0 0 0.0
2014 Q4 10,266 9 4 876.7
2014 Q3 9,490 0 0 0.0
2014 Q2 10,705 2 0 186.8
2014 Q1 8,495 0 0 0.0
2013 Q4 6,035 1 0 165.7
2013 Q3 8,564 0 0 0.0
2013 Q2 7,367 1 0 135.7
2013 Q1 7,589 0 0 0.0
2012 Q4 6,120 4 1 653.6
2012 Q3 6,225 3 1 481.9
2012 Q2 6,164 0 0 0.0
2012 Q1 4,067 2 0 491.8
2011 Q4 6,420 0 0 0.0
2011 Q3 8,156 4 2 490.4
2011 Q2 7,461 0 0 0.0
2011 Q1 6,513 3 2 460.6
2010 Q4 6,518 0 0 0.0
2010 Q3 7,061 7 1 991.4
2010 Q2 6,240 0 0 0.0
2010 Q1 5,790 5 3 863.6
2009 Q4 6,000 0 0 0.0
2009 Q3 9,430 1 0 106.0
2009 Q2 9,504 7 7 736.5
2009 Q1 5,500 11 2 2000.0
2008 Q4 9,860 0 0 0.0
2008 Q3 13,480 0 0 0.0
2008 Q2 14,818 2 0 135.0
2008 Q1 15,245 0 0 0.0
2007 Q4 13,051 0 0 0.0
2007 Q3 7,679 9 0 1172.0
2007 Q2 9,226 0 0 0.0
2007 Q1 7,189 5 0 695.5
2006 Q4 2,824 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2010 · 1 incident

November 19, 2010 NM · Metal/Non-Metal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Constructors Inc · Fall from machine

While cleaning front of windshield on a Volvo 220 loader, ee got dizzy and fell off the loader to the ground. EE was taken to our local medical office and was told he had a broken foot.

2009 · 1 incident

June 17, 2009 NM · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Constructors Inc · Struck by falling object

While removing tail pulley on a conveyor, it dropped pinching his left palm of hand. The laceration required 5 stitches and medical attention.