Secretary of Labor (MSHA) v. Independent Gravel Company (ALJ decision, December 12, 1983)

Plain-English summary

MSHA cited Independent Gravel Company after a South Mill operator at its Webb City Chat Plant was exposed to excessive respirable silica-bearing dust. The original penalty assessment was $54, and the parties proposed settling for $27 after revisiting the violation's gravity. Judge Paul Merlin said prolonged dust exposure remained a serious concern, but approved the reduced amount in light of the company's small size and limited prior violations. He ordered payment of $27 within 30 days.

Decision snapshot

• Cited standard: 30 C.F.R. § 56.5-1/5.
• Outcome: Settlement approved; $27 penalty payable within 30 days.
• Key point: The judge approved a reduced penalty while recognizing the cumulative risk of silica-bearing dust exposure.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. INDEPENDENT GRAVEL
DDATE:
19831212
TTEXT:
~2069

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 83-61-M
PETITIONER
A.C. No. 23-00113-05501

v. Webb City Chat Plant

INDEPENDENT GRAVEL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

The parties have filed a motion to approve settlement in the above-captioned proceeding. The original assessment for the one violation was $54. The proposed settlement is $27.

Citation No. 2095336 was issued for a violation of 30 C.F.R.
56.5-1/5 because the South Mill operator was exposed to a excessive level of respirable silica-bearing dust. The parties advise that the gravity of the violation is not as severe as originally was rated. The parties advise that overexposure to silica-bearing dust for short periods will not result in permanent disability. This may be so, but exposure over long periods is a serious matter, and each individual exposure adds to the total. I view this as a violation with gravity. I approve the recommended settlement because the operator is small in size and has a small history of prior violations. In the future, the operator should exercise care over the dust levels.

ORDER

The operator is ORDERED to pay $27 within 30 days from the date of this decision.

Paul Merlin
Chief Administrative Law Judge