EX-95 6 ex_235375.htm EXHIBIT 95 ex_160552.htm

Exhibit 95

 

MINE SAFETY DISCLOSURE

 

 

We operate surface mines in the western United States to produce construction aggregates. The operation of our mines is subject to regulation by the Federal Mine Safety and Health Administration (“MSHA”) under the Federal Mine Safety and Health Act of 1977 (the “Mine Act”). MSHA conducted 13 and 19 inspections at 13 and 16 of our mines during the three months ended March 31, 2021 and 2020, respectively. There was one and no reportable citations during the three months ended March 31, 2021 and 2020, respectively.

 

During the three months ended March 31, 2021 and 2020, specifically with respect to our mines:

 

 

MSHA did not issue any orders requiring persons to be withdrawn from the areas affected by the alleged violations of mandatory health or safety standards under Section 104(b) of the Mine Act. 

 

MSHA did not issue any citations or orders for unwarrantable failure of the mine operator to comply with mandatory health or safety standards under section 104(d) of the Mine Act. 
 

MSHA did not identify any flagrant violations under Section 110(b)(2) of the Mine Act.
 

MSHA did not issue any imminent danger order requiring immediate withdrawal from the affected areas under Section 107(a) of the Mine Act.

 

We did not experience any mining-related fatalities. 

 

We did not receive written notice of a pattern of violations of mandatory health or safety standards from MSHA under Section 104(e) of the Mine Act or of the potential to have a pattern of violations of mandatory health or safety standards from MSHA. 

 

There were no legal actions that were a contest of citations referenced in Subpart B of 29 CFR Part 2700, contests of proposed penalties referenced in Subpart C of 29 CFR 2700, complaints for compensation referenced in Subpart D of 29 CFR 2700, complaints of discharge, discrimination or interference in Subpart E of 29 CFR2700, and appeals of judges decisions or orders to the MSHA referenced in Subpart F of 29 CFR 2700 pending before the Federal Mine Safety and Health Review Commission.  

 

 There were no such legal actions instituted or resolved during the three months ended March 31, 2021. There was one such legal action resolved and none instituted during the three months ended March 31, 2020.

 

Proposed assessments from the MSHA during the three months ended March 31, 2021 and 2020 were less than three thousand dollars.