Secretary of Labor v. Lone Star Industries, Inc. (ALJ decision, October 19, 1984)

Plain-English summary

Lone Star Industries and the Secretary submitted a cement-plant penalty case for decision on the written record. Judge Joseph B. Kennedy accepted their agreement to vacate three citations and assessed penalties for guarding and handrail violations. He modified one citation to describe an unguarded pinch point and approved a separate $119 settlement. The total penalty was $409, of which $259 had already been paid. He ordered Lone Star to pay the $150 balance by November 2, 1984. The decision does not give the regulation numbers for the cited violations.

Decision snapshot

• Cited standards: The decision describes guarding and handrail requirements but does not identify their regulation numbers.
• Outcome: Three citations vacated; other violations assessed or settled for $409 total, with $150 remaining due.
• Key point: The judge resolved separate citations through agreed vacatur, independent findings, modification, and settlement approval.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. LONE STAR
DDATE:
19841019
TTEXT:
~2484

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 84-17-M
PETITIONER
A.C. No. 16-00188-05503
v.
Louisiana Cement Company
LONE STAR INDUSTRIES, INC., New Orleans Plant RESPONDENT

DECISION

Before: Judge Kennedy

This matter is before the trial judge on the parties' waiver of a testimonial hearing and stipulation to submit the case for decision on the written record. Based on a consideration of that record I find:

1. The parties have agreed to vacation of Citations 2236382, 2236390 and 2236392.

2. That the penalties appropriate for the guarding violations set forth in Citations 2236387 and 2236391 are $20 each.

3. That the violation charged in Citation 2237386-- failure to provide hand rails on an elevated walkway did, in fact, occur; was significant and substantial, and the result of ordinary negligence, but was mitigated by the fact that employees wore safety belts. Accordingly, I conclude the penalty warranted is $100.

4. That Citation 2236389 should be modified to show the violation, which did, in fact, occur; was an unguarded pinchpoint that was the result of ordinary negligence.
Further that it was a serious violation that significantly and substantially contributed to the hazard of a disabling injury. For these reasons, I conclude the penalty warranted and that deemed necessary to deter future violations and insure voluntary compliance is $150.
~2485
5. That based on an independent evaluation and de novo review of the circumstances the settlement proposed for Citation 2236388 in the amount of $119 should be approved.

The premises considered, I find the amount of the penalties warranted and hereby assessed total $409 of which $259 has previously been paid. Accordingly, it is ORDERED that the operator pay the balance of the penalties due, $150, on or before Friday, November 2, 1984, and that subject to payment the captioned matter be, and hereby is, DISMISSED.

Joseph B. Kennedy
Administrative Law Judge