Homestake Mining Company (ALJ decision, August 5, 1986)

Plain-English summary

Homestake Mining Company and MSHA settled four citations at its gold mine for $8,290, down from an initial assessment of $11,040. One citation concerned a worker who died after a fall; the judge noted that a safety belt had been supplied but was not used, although the foreman knew this. Another citation involved a missing handrail. Judge Michael A. Lasher, Jr. approved the reduced penalties for those two citations, leaving the other two penalties unchanged. He ordered Homestake to pay $8,290 within 30 days.

Decision snapshot

• Cited standards: No specific regulation is identified in the decision.
• Outcome: Settlement approved for four citations, with $8,290 due within 30 days.
• Key point: The judge approved reductions on the two major citations after considering the safety belt evidence, abatement, and the substantial total penalty.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
333 W. COLFAX AVENUE, SUITE 400
DENVER, COLORA DO 80204
AUG5 1986
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. CENT 85-36-M
Petitioner : A.C. No. 39-00055-05539
:
V. : Homestake Mine
:
HOMESTAKE MINING COMPANY,
:
Respondent
:

DECISION APPROVING SETTLEMENT
Before: Judge Lasher
The parties have reached a settlement of the four violations involved in the total sum of $8,290.00. MSHA's initial assess- ment therefor totaled $11,040.00.
The terms of the settlement are as follows:
Citation Assessment Settlement
2097234 $10.000.00 $8,000.00 (fatality)
- -
2097564 1;000.00 250.00
2097965 20.00 20.00
2097966 20.00 20.00
This settlement is approved for the following reasons:
With respect to Citation No. 2097234, it appears that the workman who had fallen to his death would have not have fallen had he used a safety belt. While his foreman was aware he was not utilizing the safety belt, nevertheless it appears he had been issued a safety belt by Respondent, and instructed as to the need and use of such. In view thereof, the 20% reduction from the statutory maximum penalty ($10,000) appears justified and this compromise is approved. For the same reasons the reduced penalty for Citation No. 2097564 (failure to install a handrail) is also approved.
I take notice from prior matters involving this Respondent that, in terms of size, Respondent is a large gold mine operator. It also appears from the settlement motion that Respondent abated the violative conditions and demonstrated "a good faith desire to comply with the health and safety standards in the future.
Citation Nos. 2097965 and 2097966 were not the subject of reduced penalties.

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 The settlement, viewed in its totality, involves a substantial penalty sum, and the reduction of the penalties for the major violations appear warranted in the circumstances.
ORDER
Respondent, if it has not previously done so, is ordered to pay $8,290.00 to the Secretary of Labor within 30 days from the date of this decision.

Distribution:
Eliehue C. Brunson, Esq., Office of the Solicitor, U.S. Depart- ment of Labor, 911 Walnut Street, Room 2106, Kansas City, MO 64106 (Certified Mail) Robert A. Amundson, Esq., Amundson, Fuller & Delaney, 203 W. Main P.O. Box 898, Lead, SD 57754 (Certified Mail) Mr. Dallas Tinnell, United Steelworkers of America, 315 l/2 Main Street, Lead, SD 57754 (Certified Mail)

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