Featherlite Building Products Corporation (ALJ decision, September 20, 1991)

Plain-English summary

This order amended a prior decision to correct a clerical error and approve penalties for three citations that Featherlite accepted and paid without formal litigation. The citations involved standards 30 C.F.R. § 56.12032 twice and 30 C.F.R. § 56.12016 once. Judge August F. Cetti approved the assessed penalties of $276, $276, and $1,000, for a total of $1,552, and stated that the case remained dismissed after payment.

Decision snapshot

• Cited standard(s): 30 C.F.R. §§ 56.12032 and 56.12016
• Outcome: The prior decision was amended to approve $1,552 in penalties that the operator had paid, and the case remained dismissed.
• Key point: The ALJ approved already-paid penalties under the statutory criteria and corrected the prior decision's clerical treatment of those citations.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. FEATHERLITE
DDATE:
19910920
TTEXT:

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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
The Federal Building
Room 280, 1244 Speer Boulevard
Denver, CO 80204

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 89-36-M
PETITIONER
A.C. No. 41-00267-05520
v.
Laura Todd Pit and Plant
FEATHERLITE BUILDING PRODUCTS
CORPORATION,
RESPONDENT

AMENDMENT TO CORRECT CLERICAL ERROR IN DECISION

Before: Judge Cetti

The decision dated December 13, 1990, at 12 FMSHRC 2580 (Dec. 1990) is AMENDED to approve the penalties assessed by MSHA for three citations that were accepted and paid by Respondent without formal litigation or approval.

The Parties, through their respective representatives, have now filed and requested approval of a settlement agreement pursuant to Section 110(k) of the Federal Mine Safety and Health Act of 1977, 83 Stat. 742, 30 U.S.C. 801-960, (the Act). The parties by their settlement agreement seek a formal order approving the full amount of the penalties assessed by MSHA and paid by Respondent as follows:

Standard
Disposition
Citation No. 30 C.F.R. Assessment Settlement

    03276702          56.12032          $ 276               $ 276
    03276704          56.12032          $ 276               $ 276
    03276459          56.12016          $1000               $1000

I have reviewed these three citations in light of the six statutory criteria set forth in Section 110(i) of the Act, 30 U.S.C. 810(i), and find that the penalties assessed are in accordance with the provisions of the Act.

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Accordingly, I approve the above-mentioned penalty assess ments and, the operator having paid, these penalties in addition to the $7,000 penalty assessed for the other three citations that were fully litigated, this case is and remains DISMISSED.

August F. Cetti
Administrative Law Judge