Attached files
| file | filename |
|---|---|
| EXCEL - IDEA: XBRL DOCUMENT - Continental Cement Company, L.L.C. | Financial_Report.xls |
| EX-4.1 - EX-4.1 - Continental Cement Company, L.L.C. | d736483dex41.htm |
| EX-32.1 - EX-32.1 - Continental Cement Company, L.L.C. | d736483dex321.htm |
| EX-32.2 - EX-32.2 - Continental Cement Company, L.L.C. | d736483dex322.htm |
| EX-31.2 - EX-31.2 - Continental Cement Company, L.L.C. | d736483dex312.htm |
| EX-31.1 - EX-31.1 - Continental Cement Company, L.L.C. | d736483dex311.htm |
| 10-Q - FORM 10-Q - Continental Cement Company, L.L.C. | d736483d10q.htm |
Exhibit 95.1
Mine Safety Disclosures
The operation of Continental Cement’s two aggregates quarries and an underground mine are 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 inspects Continental Cement’s quarries and mines on a regular basis and issues various citations and orders when it believes a violation has occurred under the Mine Act. Whenever MSHA issues a citation or order, it also generally proposes a civil penalty, or fine, related to the alleged violation. Citations or orders may be contested and appealed, and as part of that process, are often reduced in severity and amount, and are sometimes dismissed.
Under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Dodd-Frank Act”), Continental Cement is required to present information regarding certain mining safety and health citations which MSHA has issued with respect to its aggregates mining operations in its periodic reports filed with the Securities and Exchange Commission (“SEC”). In evaluating this information, consideration should be given to factors such as: (i) the number of citations and orders will vary depending on the size of the quarry or mine and types of operations (underground or surface), (ii) the number of citations issued will vary from inspector to inspector and location to location, and (iii) citations and orders can be contested and appealed, and in that process, may be reduced in severity and amount, and are sometimes dismissed.
Continental Cement presents the following items regarding certain mining safety and health matters for the three months ended June 28, 2014, as applicable:
| • | Total number of 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 under section 104 of the Mine Act for which Continental Cement has received a citation from MSHA (hereinafter, “Section 104 S&S Citations”). If MSHA determines that a violation of a mandatory health or safety standard is likely to result in a reasonably serious injury or illness under the unique circumstance contributed to by the violation, MSHA will classify the violation as a “significant and substantial” violation (commonly referred to as a “S&S” violation). MSHA inspectors will classify each citation or order written as a “S&S” violation or not. |
| • | Total number of orders issued under section 104(b) of the Mine Act (hereinafter, “Section 104(b) Orders”). These orders are issued for situations in which MSHA determines a previous violation covered by a Section 104(a) citation has not been totally abated within the prescribed time period, so a further order is needed to require the mine operator to immediately withdraw all persons (except authorized persons) from the affected area of a quarry or mine. |
| • | Total number of citations and orders for unwarrantable failure of the mine operator to comply with mandatory health or safety standards under Section 104(d) of the Mine Act (hereinafter, “Section 104(d) Citations and Orders”). These violations are similar to those described above, but the standard is that the violation could significantly and substantially contribute to the cause and effect of a safety or health hazard, but the conditions do not cause imminent danger, and the MSHA inspector finds that the violation is caused by an unwarranted failure of the operator to comply with the health and safety standards. |
| • | Total number of flagrant violations under section 110(b)(2) of the Mine Act (hereinafter, “Section 110(b)(2) Violations”). These violations are penalty violations issued if MSHA determines that violations are “flagrant”, for which civil penalties may be assessed. A “flagrant” violation means a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury. |
| • | Total number of imminent danger orders issued under section 107(a) of the Mine Act (hereinafter, “Section 107(a) Orders”). These orders are issued for situations in which MSHA determines an imminent danger exists in the quarry or mine and results in orders of immediate withdrawal of all persons (except certain authorized persons) from the area of the quarry or mine affected by its condition until the imminent danger and the underlying conditions causing the imminent danger no longer exist. |
| • | Total dollar value of proposed assessments from MSHA under the Mine Act. These are the amounts of proposed assessments issued by MSHA with each citation or order for the time period covered by the reports. Penalties are assessed by MSHA according to a formula that considers a number of factors, including the mine operator’s history, size, negligence, gravity of the violation, good faith in trying to correct the violation promptly, and the effect of the penalty on the operator’s ability to continue in business. |
| • | Total number of mining-related fatalities. Mines subject to the Mine Act are required to report all fatalities occurring at their facilities unless the fatality is determined to be “non-chargeable” to the mining industry. The final rules of the SEC require disclosure of mining-related fatalities at mines subject to the Mine Act. Only fatalities determined by MSHA not to be mining-related may be excluded. |
| • | Receipt of written notice from MSHA of a pattern (or a potential to have such 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 other mine health or safety hazards under Section 104(e) of the Mine Act. If MSHA determines that a mine has a “pattern” of these types of violations, or the potential to have such a pattern, MSHA is required to notify the mine operator of the existence of such a thing. |
| • | Legal actions before the Federal Mine Safety and Health Review Commission (the “Commission”) pending as of the last day of period. |
| • | Legal actions before the Commission initiated during period. |
| • | Legal actions before the Commission resolved during period. |
The Commission is an independent adjudicative agency that provides administrative trial and appellate review of legal disputes arising under the Mine Act. The cases may involve, among other questions, challenges by operators to citations, orders and penalties they have received from MSHA, or complaints of discrimination by miners under Section 105 of the Mine Act. There were no legal actions pending before the Commission for any of Continental Cement’s quarries or the underground mine, as of or during the quarter ended June 28, 2014.
Appendix 1 follows.
Appendix 1
| Name of Company |
Name of Operation | MSHA ID Number |
State | Number of Inspections |
Total Number of Section 104 S&S Citations |
Section 104(b) Orders |
Section 104 (d) Citations and Orders |
Section 110(b)(2) Violations |
Section 107(a) Orders |
Total Dollar Value of Proposed MSHA Assessments |
Total Number of Mining Related Fatalities |
Received Written Notice Under Section 104(e) (yes/no) |
Received Written Notice of Potential Violation Under 104(e) (yes/no) |
Number of Contested Citations |
Number of Contested Penalties |
Total Dollar Value of Penalties in Contest |
Number of Complaints of Discharge or Discrimination |
|||||||||||||||||||||||||||||||||||||||||||||||||
| Continental Cement Company |
Hannibal Plant | 2300217 | MO | 0 | 0 | 0 | 0 | 0 | 0 | $ | 0.00 | 0 | No | No | 8 | 8 | $ | 39,459.00 | 0 | |||||||||||||||||||||||||||||||||||||||||||||||
| Continental Cement Company |
Owensville Plant | 2301038 | MO | 2 | 0 | 0 | 0 | 0 | 0 | $ | 0.00 | 0 | No | No | 0 | 0 | $ | 0.00 | 0 | |||||||||||||||||||||||||||||||||||||||||||||||
| Continental Cement Company |
Hannibal Underground | 2302434 | MO | 4 | 8 | 0 | 0 | 0 | 0 | $ | 2,469.00 | 0 | No | No | 0 | 0 | $ | 0.00 | 0 | |||||||||||||||||||||||||||||||||||||||||||||||