Secretary of Labor v. Amax Chemical Corporation (ALJ decision, May 15, 1985)

Plain-English summary

The Secretary of Labor and Amax Chemical Corporation proposed settlement of four citations at the Amax Mine and Mill. Judge John J. Morris found the agreement reasonable and approved it. He vacated Citation No. 2235591, removed the significant-and-substantial designation from Citation No. 2235596, and affirmed the remaining three citations as amended at $20 each. Amax was ordered to pay $60 within 40 days. The order lists the cited standards but does not describe the underlying conditions.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 57.20-3(a), 57.19-120, and 57.19-24.
• Outcome: One citation vacated; three settled for $20 each, totaling $60.
• Key point: The settlement removed one citation and reduced the remaining assessments from the original proposals.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. AMEX CHEMICAL
DDATE:
19850515
TTEXT:
~728
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 84-70-M
PETITIONER
A.C. No. 29-00174-05517

v. Amax Mine & Mill

AMAX CHEMICAL CORPORATION,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Morris

This is a civil penalty proceeding initiated by the petitioner against the respondent in accordance with Section 110(a) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 820(a). The civil penalties are for the violation of mandatory standards promulgated pursuant to the Act.

The citations, the standards allegedly violated, the initial assessments, and the proposed dispositions, are as follows:

Standard
Initial
Citation No. C.F.R. Title 30 Assessment Disposition

    2235591        57.20-3(a)              $ 20            Vacate
    2235739        57.20-3(a)               168            $ 20
    2235596        57.19-120                192              20
    2235597        57.19-24                 178              20

Discussion

The narrative statements contained in the proposed settlement agreement relate to the statutory criteria for the assessment of civil penalties as contained in 30 U.S.C. 820(i).

I find the proposed settlement is reasonable and it should be approved.

Accordingly, I enter the following:

ORDER

1. The proposed settlement agreement is approved.

2. Citation 2235591 and all proposed penalties therefore are vacated.
~729
3. Citation 2235596 is reduced to a non-significant and substantial violation.

4. The following citations and penalties, as amended, are affirmed:

Citation No. Penalties

2235739 $20
2235596 20
2235597 20

5. Respondent is ordered to pay the sum of $60.00 within 40 days of the date of this decision.

John J. Morris
Administrative Law Judge