Georges Colliers Incorporated

Plain-English summary

Georges Colliers and the Secretary stipulated that the remaining issue was how the penalty would affect the company's ability to continue in business. Judge David F. Barbour found the violation very serious and the company's negligence high, but also found that the proposed penalty would harm the small operator's ability to continue. The judge reduced the proposed $1,250 penalty for the cited violation to $250. The company was ordered to pay within 30 days, after which the proceeding would be dismissed.

Decision snapshot

• Cited standard: 30 C.F.R. § 72.620
• Outcome: The penalty was reduced from $1,250 to $250, with payment due within 30 days.
• Key point: The operator's ability to continue in business can justify a substantial penalty reduction even when the violation is serious and negligence is high.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1730 K STREE T, N.W., Room 6003
WASHINGTO N, D. C. 20006-3867
Telephone No.: 202-653-5454
Telecopier No.: 202-653-5030

                                 January 3, 2002

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 2000-157
Petitioner : A. C. No. 34-01707-03532
:
v. :
:
:
GEORGES COLLIERS INCORPORATED, : Mine: Pollyanna No. 6
Respondent. :

                                       DECISION

Appearances: Christopher V. Grier, Esquire, and Brian Duncan, Esquire, Office of the Solicitor,
U.S. Depart ment of Labor, Dallas, Texas, for the Secret ary;
Elizabeth M. Christian, Esquire, San Antonio, Texas, for the Respondent.

Before: Judge Barbour

    The captioned proceeding was severed from the cases with which it was consolidated and

was stayed pending the filing of an associated section 110(c) proceeding (see Georges Colliers,
Inc., 23 FMSHRC _____, Docket No. CENT 1999-178, etc., (December 26, 2001), Slip op. 5 n.
1 (CALJ Barbour)). While the case was stayed the parties agreed to settle the section 110(c)
proceeding. Thus, when the section 110 (c) proceeding was filed, a motion to approve the
settlement also was filed. I granted the motion, approved the settlement, and dismissed the
section 110 (c) proceeding (Alva D. Lawley, employed by Georges Colliers, Inc., Docket No.
CENT 2001-157 (August 30, 2001)). The parties also filed stipulations with regard to the
captioned case. The stipulations, together with stipulations entered before the case was stayed,
effectively limit the case to a single issue -- the effect of any civil penalty assessed on the
Respondent's ability to continue in business.

   In Georges Colliers, Inc., 23 FMSHRC ____ Docket No. CENT 1999-178, etc.,

(December 26, 2001) (Slip op. 45), I concluded that the imposition of proposed civil penalties
would adversely affect the company's ability to continue in business and that a substantial
reduction in what I otherwise would assess was warranted. The evidence upon which the
conclusion was based is applicable to the captioned proceeding (Slip. op. 43-44). Given the
evidence, I reiterate my conclusion and find that the size of the penalty assessed herein will
adversely affect the company's ability to continue in business.

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Page 2

    In light of the parties stipulations, which are incorporated herein by reference, and in

light of my conclusion regarding the ability to continue in business penalty criteria, I make the
following assessment:

Citation/ Proposed Assessed
Order No. Date 30 C.F.R. Penalty Penalty
7599496 8/18/99 72.620 $1,250.00 $250.00

    The violation was very serious and the Respondent's negligence was high. The violation

was abated in a timely fashion. Given the large history of previous violations; the small size of
the operator; and the effect of the penalty on the Respondent's ability to continue in business, I
assess a penalty of $250.00 for the violation.

                                         ORDER

    The Respondent IS ORDERED to pay a civil penalty of $250.00 within 30 days of the

date of this decision and upon full payment this proceeding is DISMISSED.1

                                          David F. Barbour
                                          Chief Administrative Law Judge

Distribution:

Christopher V. Grier, Esquire, Office of the Solicitor, U.S. Department of Labor, 525 South
Griffin St., Suite 501, Dallas, TX 75202

Brian A. Duncan, Esquire, Office of the Solicitor, U.S. Department of Labor, 525 South Griffin
St., Suite 501, Dallas, TX 75202

Elizabeth M. Christian, Esquire, 7940 Pipers Creek Road, Suite 1812, San Antonio, TX 78251

   1
    Payment may be sent to: MINE SAFETY AND HEALTH ADMINISTRATION, U.S. DEPARTMENT

OF LABOR, PAYMENT OFFICE, P. O. BOX 360250M, PITTSBURGH, PA 15251.

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