EX-95 8 vmc-20151231xex95.htm EX-95 Exhibit 95

 

EXHIBIT 95

msha Citations and litigation

On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act) was enacted. Section 1503 of the Dodd-Frank Act requires companies that are “operators” (as such term is defined in the Federal Mine Safety and Health Act of 1977 (the Mine Act)) to disclose certain mine safety information in each periodic report to the Securities and Exchange Commission. This information is related to the enforcement of the Mine Act by the Mine Safety and Health Administration (MSHA).

 

The Dodd-Frank Act and the subsequent implementing regulation issued by the SEC require disclosure of the following categories of violations, orders and citations: (1) Section 104 S&S Citations, which are citations issued for violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a mine safety or health hazard; (2) Section 104(b) Orders, which are orders issued upon a follow up inspection where the inspector finds the violation previously cited has not been totally abated in the prescribed time period; (3) Section 104(d) Citations and Orders, which are issued upon violations of mandatory health or safety standards caused by an unwarrantable failure of the operator to comply with the standards; (4) Section 110(b)(2) Violations, which result from the reckless and repeated failure to eliminate a known violation; (5) Section 107(a) Orders, which are given when MSHA determines that an imminent danger exists and results in an order of immediate withdrawal from the area of the mine affected by the condition; and (6) written notices from MSHA of a pattern of violations of mandatory health or safety standards that are of such nature as could have significantly and substantially contributed to the cause and effect of mine health or safety hazards under Section 104(e). In addition, the Dodd-Frank Act requires the disclosure of the total dollar value of proposed assessments from MSHA under the Mine Act and the total number of mining related fatalities.

 

The following disclosures are made pursuant to Section 1503.

 

During the twelve months ended December 31, 2015,  none of our operations: (i) received any orders under Section 104(b), which are issued upon a follow up inspection where the inspector finds the violation previously cited has not been totally abated in the prescribed time period; (ii) had any flagrant violations under Section 110(b)(2); (iii) received notice from MSHA of a pattern of violations of mandatory health or safety standards under Section 104(e); or (iv) had any mining related fatalities.

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 95 – Page 1

 


 

Calendar year 2015

 

The table below sets forth, by mine, the total number of citations and/or orders issued by MSHA during the period covered by this report under the indicated provisions of the Mine Act, together with the total dollar value of proposed assessments, if any, from MSHA, received during the twelve months ended December 31, 2015. Of our 248 active MSHA-regulated facilities during the year, we received 531 federal mine safety inspections at 225 facilities during the reporting period. Of our inspected facilities, 169 did not receive any reportable citations or orders.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Operation

Number of Inspections

Total Number of S&S Citations

Mine Act § 104(b)

Orders

Mine Act

§ 104(d)

Citations and Orders

Mine Act § 110(b)(2) Violations

Mine Act § 107(a)

Orders

Total Dollar Value of Proposed MSHA Assessments (dollars in thousands)

Total Number of Mining Related Fatalities

Received Written Notice under Mine Act § 104(e)

(yes/no)

1604 STONE, TX

No

ABILENE BLACK LEASE, TX

0.7 

No

ANDERSON STONE, SC

No

BACA S&G, NM

No

BARTLETT UG BLUFF CITY, IL

10  4.1 

No

BLAIR QUARRY, SC

0.7 

No

BOLINGBROOK STONE, IL

17  3.9 

No

BOONE QUARRY, NC

0.2 

No

BROWNWOOD STONE, TX

2.1 

No

CALERA, AL

No

CARROLL CANYON S&G, CA

0.3 

No

CENTRAL, KY

0.9 

No

CLEVELAND QUARRY, TN

0.7 

No

COOKEVILLE QUARRY, TN

0.5 

No

DAHLONEGA QUARRY, GA

0.7 

No

DAYTON, TN

1.2 

No

DREYFUS QUARRY, SC

0.8 

No

FORT KNOX, KY

0.3 

No

FORT MYERS MINE, FL

No

FORT PIERCE MINE, FL

No

GRAND RIVERS QUARRY, KY

13  2.4 

No

HAVRE DE GRACE QUARRY, MD

No

HELENA, AL

0.2 

No

HELOTES STONE, TX

2.5 

No

HUNTSVILLE NORT, AL

0.1 

No

INA S&G, AZ

1.3 

No

JAMES SAND & GRAVEL, DE

0.1 

No

LAKESHORE QUARRY, AL

No

LEMONT, IL

No

LEXINGTON STONE, CA

0.2 

No

LIBERTY, SC

No

LISBON QUARRY, IL

0.3 

No

LOS BANOS S&G, CA

0.2 

No

MACON QUARRY, GA

0.4 

No

MARYVILLE QUARRY, TN

0.2 

No

MCCOOK, IL

0.5 

No

MECKLENBURG QUARRY, VA

No

NORTH TROY QUARRY, OK

0.3 

No

NORTON QUARRY, VA

No

NOTASULGA QUARRY, AL

0.3 

No

PILARCITOS QUARRY, CA

0.2 

No

PINEVILLE QUARRY, NC

0.2 

No

PLEASANTON S&G, CA

9.2 

No

PUDDLEDOCK, VA

0.3 

No

RICHMOND RD QUARRY, KY

0.7 

No

RIVER ROCK S&G, CA

0.2 

No

SACRAMENTO PLANT, CA

No

SAN EMIDIO S&G, CA

0.1 

No

SANTA ANA SAND & GRAVEL, NM

No

SEARCY QUARRY, AR

No

ST ROSE S&G, LA

No

SUN CITY S&G, AZ

No

SUN VALLEY S&G, CA

0.6 

No

VAL VISTA S&G, AZ

No

VULCAN DRILL SERVICE SG, AL

No

WEST BROADWAY S&G, AZ

0.5 

No

OTHER OPERATIONS -169

362 

No

Total

531  115  39.8 

 

 

The total dollar value of proposed assessments received during the twelve months ended December 31, 2015 for all other citations, as well as proposed assessments received during the reporting period for citations previously issued, is $44,077.

 

 

 

 

 

 

 

 

 

 

 

Exhibit 95 – Page 2

 


 

The table below sets forth, by mine, category of legal action and number of legal actions pending before the Federal Mine Safety and Health Review Commission as of December 31, 2015.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Number of Legal Actions

Name of Operation

Contest

Penalty

Contest

Citations

Complaint of

Discharge,

Discrimination

Gurley Quarry, AL

Calera Quarry, AL

Huebner Road Quarry, TX

Val Vista - Citrus Grove 150, AZ

 

The table below sets forth, by mine, category of legal action and number of legal actions filed before the Federal Mine Safety and Health Review Commission during the twelve months ended December 31, 2015.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Number of Legal Actions

Name of Operation

Contest

Penalty

Contest

Citations

Complaint of

Discharge,

Discrimination

Tazewell Quarry, TN

Bolingbrook Underground, IL

14 

Fort Pierce Mine, FL

 

The table below sets forth, by mine, category of legal action and number of legal actions resolved by the Federal Mine Safety and Health Review Commission during the twelve months ended December  31, 2015.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Number of Legal Actions

Name of Operation

Contest

Penalty

Contest

Citations

Complaint of

Discharge,

Discrimination

GRAND RIVERS QUARRY, KY

11 

RICHMOND ROAD, KY

PUDDLEDOCK SAND AND GRAVEL, VA

FRANKLIN QUARRY, TN

SEVIERVILLE QUARRY, TN

KODAK QUARRY, TN

LAKESIDE QUARRY, SC

LITHIA SPRINGS QUARRY, GA

MCCOOK QUARRY, IL

22 

KANKAKEE QUARRY & MILL, IL

CHILDERSBURG QUARRY, AL

EAST FORSYTH, NC

BLACKSBURG QUARRY, SC

LIBERTY QUARRY, SC

NOTASULGA QUARRY, AL

BROWNWOOD QUARRY, TX

CENTRAL SERVICE, NC

MACON QUARRY, GA

BARTLETT UNDERGROUND QUARRY, IL

DALTON QUARRY, GA

WEIRSDALE SAND PLANT, FL

FORT MYERS MINE, FL

WEST PLANT, AZ

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 95 – Page 3