Mining Incidents

CEMEX Construction Materials Pacific, LLC: 2,472 MSHA citations operator

Controlled by Cemex S A
MSHA operator ID: 0103149

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Fatalities
0
Total incidents
216
Mines on record
17
Years on record
2009–2026
Compliance record
MSHA citations since 2009
2,472
citations
564
significant & substantial
$2,109,036
proposed penalties
$1,818,407
paid to date
86% of proposed penalties paid to date, a $290,629 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
819
inspections on record
20,119
inspection hours
12.3
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.
2,472 citations across 20,119 inspection hours.
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.
$2.1M
proposed penalties
$1.9M
current assessed
$1.8M
paid to date
$65K
outstanding
2,411 assessments are final orders; 62 contested dockets.
Of $822K in penalties contested before the Commission, $569K was upheld in final decisions.
As of the most recent assessment on 2026-07-01.
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.
23.0%
significant & substantial
8.0%
high negligence or reckless
23.0%
reasonably likely or greater
41.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 23.6% low, 68.3% moderate, 8.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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.
1.74
total case rate
0.19
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 1.65 and the all-US-mining average was 1.97 cases per 100 workers.
Year total case rate days-away fatal
2026 1.95 0.39 0.000
2025 1.74 0.19 0.000
2024 1.28 0.37 0.000
2023 0.93 0.37 0.000
2022 1.78 0.99 0.000
2021 1.29 0.43 0.000
2020 0.66 0.00 0.000
2019 0.64 0.00 0.000
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.
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: 2026-08-05
10%
of limit-tested samples over the exposure limit
181
samples
84
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz748 over
  • Respirable dust, <.1mg64
  • Unlisted Particulate, respirable, <1% Qtz18
  • Nuisance dust, respirable, <1% Qtz10
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.
344 citations taken to the federal commission · 14% of citations on record
  • Settled 258 · 75%
  • Stood as issued 54 · 16%
  • Still open 32 · 9%
69%
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 149 decided S&S contests · industry: 79%
28%
Penalty reduction in decided contests
$799K proposed, $574K 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 2026-07-08. 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
WEST 2016-0024 Settlement Rae 2017 $163K → $100K
WEST 2014-34M Settlement Bulluck 2015 $78K → $67K
WEST 2016-0507 Settlement Rae 2017 $59K → $35K
WEST 2016-0250 Settlement Rae 2016 $53K → $32K
WEST 2015-0671 Settlement Miller 2016 $45K → $32K
WEST 2016-449M Settlement Paez 2018 $45K → $33K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2026
8
2025
10
2024
12
2023
11
2022
12
2021
10
2020
7
2019
7
2018
5
2017
7
2016
11
2015
7
2014
25
2013
16
2012
15
2011
22
2010
28
2009
3

Mines on record

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Where CEMEX Construction Materials Pacific, LLC 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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