Secretary of Labor v. St. Joe Minerals Corp. (ALJ decision, February 24, 1986)
St. Joe Minerals Corp. (FMSHRC CENT 86-25-M): $5,000 settlement approved
Apply this to your situation
This order from 1986 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
St. Joe Minerals was charged with failing to remove loose rock from a pillar at the Viburnum No. 28 Mine. The condition resulted in a fatal accident. The parties proposed reducing the assessed penalty from $7,000 to $5,000, explaining that the company's negligence was low because it had repeatedly warned employees to avoid the area. Judge James A. Broderick accepted that explanation while finding the violation very serious. He approved the settlement and ordered payment of $5,000.
Decision snapshot
- Cited standard: The order does not identify the specific safety standard.
- Outcome: Settlement approved; penalty reduced from $7,000 to $5,000.
- Key point: The judge accepted the parties' lower negligence assessment while recognizing the violation's severity.
Full text (FMSHRC public release)
CCASE:
SOL (MSHA) V. ST. JOE MINERALS
DDATE:
19860224
TTEXT:
~257
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 86-25-M
PETITIONER
A.C. No. 23-00494-05512
v. Viburnum No. 28 Mine
ST. JOE MINERALS CORP.,
RESPONDENT
ORDER APPROVING SETTLEMENT
Before: Judge Broderick
On February 13, 1986, Petitioner and Respondent filed a joint motion to approve a settlement agreement originally assessed at $7000 propose to settle for $5000.
The violation charged was failure to take down loose slabs of pillar which resulted in a fatal accident. The motion states that Respondent's negligence originally judged as moderate was in fact low, because the evidence shows that Respondent repeatedly advised employees to avoid the area of the mine where the accident occurred. The violation was very serious. I accept the representation in the motion and conclude that the settlement should be approved.
Accordingly, the settlement is APPROVED and Respondent is ORDERED TO PAY the sum of $5000 within 30 days of the date of this order.
James A. Broderick
Administrative Law Judge
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