Ezel / Agency Decisions / cent-91-17-m-alj
FMSHRC ALJ decision Docket CENT 91-17-M, CENT 91-82-M Decided March 9, 1992 Settled Judge Michael A. Lasher, Jr. Transcribed from scan

Chrisman Ready Mix Inc.

Chrisman Ready Mix Inc. (FMSHRC CENT 91-17-M and CENT 91-82-M): Three citations affirmed and $98 in penalties assessed

Apply this to your situation

This order from 1992 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.

Currency note: this decision dates from 1992
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This decision by an FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

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:

Page 2

~431
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.

Page 3

~432
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

Get today's answer for your situation

You just read what one judge decided for one employer in 1992, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.