Louisiana Industries, Inc. (ALJ decision, July 17, 1984)
Louisiana Industries, Inc. (FMSHRC CENT 84-43-M): Three $20 settlements lack supporting facts
Apply this to your situation
This order from 1984 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.
Plain-English summary
The Secretary proposed settling three citations against Louisiana Industries for $20 each. Two citations concerned unsecured oxygen and acetylene cylinders and a catloader without a fire extinguisher. Judge Paul Merlin found that the motion did not describe the circumstances of any violation or explain why the proposed penalties were appropriate, especially where the cited conditions appeared to carry some risk. He disapproved the settlements and assigned the case to another judge for further handling. The order did not decide the citations or assess final penalties.
Decision snapshot
- Cited standards: The order gives no regulatory section numbers for the three citations.
- Outcome: Three proposed $20 settlements disapproved; case reassigned.
- Key point: Settlement penalties require facts about each violation sufficient for independent assessment.
Full text (FMSHRC public release)
CCASE:
SOL (MSHA) V. LOUISIANA INDUSTRIES
DDATE:
19840717
TTEXT:
~1747
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 84-43-M
PETITIONER
A.C. No. 16-00335-05501
v.
Perryville Sand & Gravel
LOUISIANA INDUSTRIES, INC.,
Plant
RESPONDENT
DISAPPROVAL OF SETTLEMENT
ORDER OF ASSIGNMENT
The Solicitor has filed a motion to approve settlements in the amount of $20 apiece for the three violations involved in this matter. The Solicitor's motion contains no discussion regarding the circumstances of any of these violations. At least two of the violations indicate on their face that some degree of gravity might be involved. Citation No. 2236638 was issued for an unsecured oxygen cylinder and acetylene cylinder. Citation No. 2236640 was issued because the catloader was not provided with a fire extinguisher.
It is now well established that the Commission and its administrative law judges have de novo authority to assess penalties under the Act. United States Mining Co., Inc., FMSHRC Docket No. PENN 82-328, Slip. Op. (May 31, 1984). See also, Sellersburg Stone Co., v. Federal Mine Safety and Health Review Commission, --- F.2d ---- (7th Cir.1984), aff'g, 5 FMSHRC 287, 291 (March 1983); Knox County Stone Co., Inc., 3 FMSHRC 2478, 2480-81 (November 1981); Tazco, Inc., 3 FMSHRC 1895, 1896-98 (August 1981); Shamrock Coal Co., 1 FMSHRC 469 (June 1979), aff'd, 652 F.2d 59 (6th Cir.1981).
The Solicitor must therefore explain why $20 penalties are justified for these three citations.
In order to expedite the handling of this matter, including the setting of this case for hearing, if appropriate, this case is hereby assigned to Administrative Law ~1748
Judge Michael A. Lasher. All future communications regarding this case should be addressed to him at the following address:
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
Two Skyline Place, Suite 1000
5203 Leesburg Pike
Falls Church, VA 22041
Telephone: 703-756-6220
Paul Merlin
Chief Administrative Law Judge
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