EX-95 4 a20240331-ex95.htm EX-95 Document

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 three months ended March 31, 2024, 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); (iv) received any orders under Section 107(a) to immediately withdraw from the area of the mine affected by an imminent danger; or (v) had any mining related fatalities.

Exhibit 95 - Page 1

FIRST QUARTER 2024

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 three months ended March 31, 2024. Of our 284 active MSHA-regulated facilities during the quarter, we received 139 federal mine safety inspections at 127 facilities during the reporting period. Of our inspected facilities, 111 did not receive any reportable citations or orders.
Name of OperationNumber of
Inspections		Total Number of S&S CitationsMine
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
(thousands)		Total
Number
of Mining
Related
Fatalities		Received
Written
Notice
under
Mine Act
§ 104(e)
BARTLETT, IL110000$0.00No
CORONA, CA110000$0.00No
DAHLONEGA, GA110000$0.00No
EASTLAND, TX110000$0.00No
FORT KNOX, KY210000$0.00No
FORT PIERCE, FL020100$0.00No
FRANKLIN, TN110000$0.00No
DRILL SERVICES DEPT, GA110000$0.00No
GRAND RIVERS, KY210000$0.00No
HAMBURG, NJ110000$0.00No
HUNTSVILLE, AL110000$0.40No
NORCROSS, GA110000$0.00No
NOTASULGA, AL110000$0.00No
QUINTON, TX210000$0.00No
RED RIVER, OK110000$0.00No
SAN EMIDIO, CA240000$0.00No
SEVIERVILLE, TN110000$0.00No
Other Operations - 11111900000$0.00No
Total139210100$0.40
The total dollar value of proposed assessments received during the three months ended March 31, 2024 for all other citations, as well as proposed assessments received during the reporting period for citations previously issued, is $16,159.
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 March 31, 2024.
Number of Legal Actions
Name of OperationContest PenaltyContest CitationsComplaint of Discharge, Discrimination
115 QUARRY, NC100
BOONE QUARRY, NC100
CHARLESTON SHIP YARD, SC100
FREDERICK QUARRY, MD 100
HAMBURG QUARRY, NJ100
JACKSON QUARRY, GA410
LAKESIDE QUARRY, SC100
LEMONT UNDERGROUND LIMESTONE, IL100
SEVIERVILLE QUARRY, TN200
SOUTH RUSSELLVILLE QUARRY, AL 100
WILSON COUNTY QUARRY, TN102







Exhibit 95 - Page 2

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 three months ended March 31, 2024.

Number of Legal Actions
Name of OperationContest PenaltyContest CitationsComplaint of Discharge, Discrimination
ANDERSON QUARRY, SC100
PACOLET QUARRY, SC100
RICHMOND QUARRY, VA100
SUN CITY SAND AND GRAVEL, AZ100
The table below sets forth, by mine, category of legal action and number of legal actions resolved (disposed) by the Federal Mine Safety and Health Review Commission during the three months ended March 31, 2024.
Number of Legal Actions
Name of OperationContest PenaltyContest CitationsComplaint of Discharge, Discrimination
HAMBURG QUARRY, NJ100
SOUTH RUSSELLVILLE QUARRY, AL100
Exhibit 95 - Page 3