Mining Incidents

Devonian Stone of New York Inc: 89 MSHA citations operator

Controlled by Samuel Benitez
MSHA operator ID: L16314

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Fatalities
0
Total incidents
5
Mines on record
1
Years on record
2008–2020
Compliance record
MSHA citations since 2000
89
citations
27
significant & substantial
$25,449
proposed penalties
$22,342
paid to date
88% of proposed penalties paid to date, a $3,107 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
71
inspections on record
837
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: 837 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$25K
proposed penalties
$23K
current assessed
$22K
paid to date
$280
outstanding
88 assessments are final orders; 8 contested dockets.
Of $14K in penalties contested before the Commission, $11K was upheld in final decisions.
As of the most recent assessment on 2024-08-02.
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.
30.7%
significant & substantial
21.6%
high negligence or reckless
30.7%
reasonably likely or greater
69.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.0% low, 70.5% moderate, 21.6% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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: 2017-03-09, 9 years ago
60%
of limit-tested samples over the exposure limit
10
samples
5
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz53 over
  • Respirable dust, <.1mg5
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.
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.
10 citations taken to the federal commission · 11% of citations on record
  • Settled 10 · 100%
86%
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 7 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$14K proposed, $11K 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 2015-12-28. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
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 operator contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
YORK 2014-39M Settlement Paez 2015 $4K → $2K
YORK 2014-0194 Settlement Paez 2015 $3K → $3K
YORK 2014-0162 Settlement Paez 2015 $2K → $2K
YORK 2014-0115 Settlement Paez 2015 $2K → $2K
YORK 2008-197M Settlement Weisberger 2009 $1K → $716
YORK 2016-0046 Settlement Paez 2016 $971 → $777
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2020
1
2015
1
2011
1
2010
1
2008
1

Mines on record

For insurers, brokers, and safety consultants

Where Devonian Stone of New York Inc stands on silica, penalties, and injury rate

MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes dust and quartz as separate files and never the silica figure itself. We derive it per sample, score it against the limit, and set the operator's injury rate against a benchmark built from the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality history. Delivered as a PDF with the underlying data as CSV.

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