Secretary of Labor v. Specialty Sand Company, Inc. (ALJ decision, February 27, 1985)

Plain-English summary

Specialty Sand Company and MSHA settled a civil penalty case involving the Deweyville Dredge & Plant at the start of the hearing. The parties explained that a misunderstanding about the hearing notice and changes in the government attorneys handling the matter had delayed their agreement. The government also reassessed the operator's negligence and presented a record of 15 citations over two years, all classified as not significant and substantial. After hearing a brief description of evidence gathered after an accident, Judge Charles C. Moore, Jr. approved a $2,850 penalty, down from the original $3,800 assessment. The decision does not identify the cited standard or describe the accident.

Decision snapshot

• Cited standard(s): None identified in this decision.
• Outcome: Settlement approved; $2,850 penalty ordered payable within 30 days, reduced from $3,800.
• Key point: The lower settlement reflected the government's revised negligence view and the limited citation history presented at the hearing.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. SPECCIALTY SAND
DDATE:
19850227
TTEXT:
~287
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 84-26-M
PETITIONER
A.O. No: 41-01472-05503

v. Deweyville Dredge & Plant

SPECIALTY SAND COMPANY, INC.,
RESPONDENT

DECISION

Appearances: Robert A. Fitz, Esq., Office of the Solicitor, U.S. Department of Labor, Dallas, Texas, for Petitioner;
Mr. W.A. Keckley, President, Specialty Sand Company, Houston, Texas, for Respondent

Before: Judge Moore

At the commencement of the hearing the attorney for the Mine Safety and Health Administration announced that the parties had agreed to a settlement of the case. He and Mr. Keckley for Respondent explained on the record why a settlement had not been reached until the morning of the trial. Mr. Keckley misunderstood the Notice of Hearing and thought he would be appearing at a conference or meeting. In the Solicitor's office the matter had been handled by two different attorneys and there was probably a communication problem. At any rate, the government was of the opinion that the negligence factor was not so high as it originally thought. The government introduced government Exhibit 2 which shows that during a two-year period respondent had only 15 citations issued to it and all of them were non-S & S.

After listening to a brief description of the evidence as found the day after the accident, I agreed to a settlement in the amount of $2,850. The original assessment was $3,800.

Respondent is accordingly ORDERED to pay to MSHA, within 30 days, a civil penalty in the amount of $2,850.

Charles C. Moore, Jr.
Administrative Law Judge