Spencer Quarries, Inc. (ALJ decision, June 23, 2010)

Plain-English summary

Judge Richard W. Manning corrected an earlier decision that had omitted two citations resolved without a hearing. Spencer Quarries had agreed to pay the proposed $100 penalty for each citation. The Judge found those penalties appropriate, affirmed both citations, and corrected the total amount due to $1,504. The company was ordered to pay within 30 days.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 56.11012 and 56.14100(d)
• Outcome: Citation Nos. 6328708 and 6328711 were affirmed, and the corrected total penalty was $1,504.
• Key point: The corrective order added two agreed citations that the original decision had inadvertently omitted.

Full text (FMSHRC public release)

FMSRHC ALJ DECISION

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

721 19th Street, Suite 443

Denver, CO 80202-2500

303-844-3577/FAX 303-844-5268

June 23, 2010

SECRETARY OF LABOR,

MINE SAFETY & HEALTH :

ADMINISTRATION (MSHA),

Petitioner

v.

SPENCER QUARRIES, INC.,

Respondent

CIVIL PENALTY PROCEEDING

Docket No. CENT 2009-334-M

A.C. No. 39-00024-178265

Spencer Quarries, Inc.

ORDER CORRECTING DECISION

This case is before me on a petition for assessment of civil penalty filed by the Secretary of Labor, acting through the Mine Safety and Health Administration (“MSHA”), against Spencer Quarries, Inc., (“Spencer”) pursuant to sections 105 and 110 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §§ 815 and 820 (the “Mine Act”). The case involves four citations. Citation Nos. 6328706 and 6328712 were adjudicated at a hearing held on April 13, 2010 and Spencer agreed to pay the Secretary’s proposed penalties for Citation Nos. 6328708 and 6328711. On June 17, 2010, I issued my decision on the two adjudicated citations but I inadvertently did not include in the decision a discussion of the other two citations. Citation No. 6328708 alleges a violation of section 56.11012 of MSHA’s safety standards and the Secretary proposed a penalty of $100.00 for the citation. Citation No. 6328711 alleges a violation of section 56.14100(d) of MSHA’s safety standards and the Secretary proposed a penalty of
$100.00 for the citation. I find that these proposed penalties are appropriate under the criteria set forth in Section 110(i) of the Act.

Consequently, Citation Nos. 6328708 and 6328711 are AFFIRMED and my order in Section III of my June 17, 2010, decision is CORRECTED to show that Spencer Quarries, Inc., is ORDERED TO PAY the Secretary of Labor the sum of $1,504.00 within 30 days of the date of this order.

Richard W. Manning

Administrative Law Judge

Distribution:

Ronald S. Goldade, Conference & Litigation Representative, Mine Safety and Health Administration, P.O. Box 25367, Denver, CO 80225-0367 (E-mail and First Class Mail)

Jeffrey A. Sar, Esq., Baron, Sar, Godwin, Gill & Lohr, PO Box 717, Sioux City, IA 51102 (E-Mail and First Class Mail)

RWM