Secretary of Labor v. Homestake Mining Company (ALJ decision, January 23, 1985)

Plain-English summary

MSHA sought penalties for four alleged safety violations at Homestake Mining Company's Homestake Mine. The parties reached a settlement during the hearing. Judge John J. Morris approved it, affirming citations under sections 57.19-106 and 57.3-22 with $20 penalties each. He vacated the two other citations, under sections 57.12-4 and 57.6-8, and all penalties for them. The resulting assessed penalty was $40. The decision gives no further reason for the parties' agreed dispositions.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 57.19-106, 57.12-4, 57.6-8, and 57.3-22.
• Outcome: Settlement approved; two citations affirmed for $40 total, two citations and their penalties vacated.
• Key point: The settlement resolved four citations with a split result recorded in the judge's order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. HOMESTAKE MININIG
DDATE:
19850123
TTEXT:
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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 84-98-M
PETITIONER
A.C. No. 39-00055-05522

v. Homestake Mine

HOMESTAKE MINING COMPANY,
RESPONDENT

DECISION
Appearances: Eliehue C. Brunson, Esq., Office of the Solicitor, U.S Department of Labor, Kansas City, Missouri, for Petitioner;
Robert A. Amundson, Esq., Amundson & Fuller, Lead, South Dakota, for Respondent.

Before: Judge Morris

The Secretary of Labor, on behalf of the Mine Safety and Health Administration, charges respondent with violating four safety regulations promulgated under the Federal Mine Safety and Health Act, 30 U.S.C. 801 et seq.

After notice to the parties, a hearing on the merits commenced on October 30, 1984 in Rapid City, South Dakota.

Prior to the conclusion of the hearing the parties reached an amicable settlement.

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

30 C.F.R. Section Assessed
Citation No. Violated Penalty Disposition

2097960 57.19-106 $20.00 $20.00
2096744 57.12-4 20.00 20.00
2096745 57.6-8 20.00 20.00
2097986 57.3-22 20.00 20.00

The proposed settlement is in order and it should be approved.
~150
Accordingly, I enter the following:

ORDER

1. The proposed settlement is approved.

2. The following citations and proposed penalties are AFFIRMED:

Citation No. Penalty

2097960
$20.00
2097986
20.00

3. The following citations and all proposed penalties therefor are VACATED:
Citation No.
2096744
2096745

John J. Morris
Administrative Law Judge