Chrisman Ready Mix Inc. (ALJ decision, March 9, 1992)

Plain-English summary

MSHA sought penalties for three alleged violations involving Chrisman Ready-Mix Inc. at the Clarksville Quarry and Ozark Material Co., Inc. at the Guthrey Island Pit & Plant. The parties settled the two violations in Docket No. CENT 91-82-M for the initially assessed penalties of $39 each. The remaining citation in Docket No. CENT 91-17-M was also resolved when the respondent agreed to pay the proposed $20 penalty. Judge Michael A. Lasher, Jr. approved the resolutions, affirmed all three citations, and ordered payment of $98 total.

Decision snapshot

• Cited authority: 30 U.S.C. § 820(a)
• Outcome: Three citations were affirmed, and penalties totaling $98 were assessed.
• Key point: The judge approved settlements requiring payment of the penalties proposed by MSHA for all three citations.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. CHRISMAN READY-MIX INC
DDATE:
19920309
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 91-17-M
PETITIONER
A.C. No. 03-01597-05503
v.
Clarksville Quarry
CHRISMAN READY-MIX INC.,
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
Docket No. CENT 91-82-M
ADMINISTRATION (MSHA),
A.C. No. 03-01509-05502
PETITIONER

v. Guthrey Island Pit & Plant
OZARK MATERIAL CO., INC.,
RESPONDENT

DECISION

Appearances: Ernest A. Burford, Esq., Office of the Solicitor, U.S. Department of Labor, Dallas, Texas, for Petitioner;
Robert Chrisman, President, Ozark Material Company, Inc., Ozark, Arkansas, for both Respondents.

Before: Judge Lasher

In these two proceedings the Secretary of Labor (MSHA) seeks assessment of penalties for a total of three alleged violations (described in three Citations) pursuant to Section 110(a) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 820(a) (1977).

After the commencement of hearing in Fort Smith, Arkansas, on December 19, 1991, the parties concluded a settlement of the two violations involved in Docket No. CENT 91-82-M and Respondent agreed to pay in full MSHA's initially assesed penalties of $39 each for both Citations, Nos. 3625803 and 3625804. That settlement was approved from the bench (T. 57-59) and such approval is here affirmed and will be reflected in the Order appearing at the end of this decision.

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As a result of the settlement, only one Citation remained, No.
3281982 contained in Docket No. CENT 91-17-M.

Subsequent to the hearing on the issues involved in this matter, Respondent agreed to pay in full the penalty proposed by MSHA ($20.00) and MSHA's motion to approve this resolution is here approved and such penalty is assessed.

ORDER

In Docket No. CENT 91-82-M, Citations numbered 3625803 and 3625804 are AFFIRMED and Respondent, within 30 days from the date of this decision, SHALL PAY to the Secretary of Labor penalties totaling $78.00 ($39.00 for each Citation).

In Docket No. CENT 91-17-M, Citation No. 3281982 is AFFIRMED and Respondent, if it has not previously done so, within 30 days from the date of this decision SHALL PAY to the Secretary of Labor a penalty therefor in the sum of $20.00.

Michael A. Lasher, Jr.
Administrative Law Judge