Grefco, Incorporated (ALJ decision, April 24, 1992)

Plain-English summary

Grefco, Incorporated and the Secretary agreed to settle a civil penalty proceeding before a hearing. The parties agreed to remove the significant-and-substantial allegations and reduce the proposed penalty for Citation No. 3448926 from $192 to $20. Judge John Morris found the settlement reasonable and in the public interest, approved it, affirmed the amended citation and penalty, and canceled the scheduled hearing.

Decision snapshot

• Cited standards: The decision identifies a mandatory regulation but does not state its section number; it cites 30 U.S.C. §§ 801 and 820(i).
• Outcome: The settlement and amended citation were affirmed, with a $20 penalty due within 40 days.
• Key point: A judge may approve a prehearing settlement that removes an S&S allegation and reduces the proposed penalty when the settlement is reasonable and in the public interest.

Full text (FMSHRC public release)

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 91-176-M
PETITIONER
A.C. No. 29-01433-05523
v.
Grefco Plant and Quarry
GREFCO, INCORPORATED,
RESPONDENT

DECISION APPROVING SETTLEMENT
Before: Judge Morris

This is a civil penalty proceeding initiated by Petitioner against Respondent pursuant to the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The civil penalty sought here is for the violation of a mandatory regulation promulgated pursuant to the Act.

Prior to a hearing, the parties filed a motion and agreed that the "significant and substantial" allegations be stricken. The parties further submitted information relating to the statutory criteris for assessing civil penalties as contained in 30 U.S.C. 820(i).

In addition, the parties agreed to settle Citation No.
3448926, originally assessed for $192, for the sum of $20.

I have reviewed the settlement and I find it is reasonable and in the public interest. It should be approved.

Accordingly, I enter the following:

ORDER

1. The settlement is APPROVED.

2. Citation No. 3448926 and the amended penalty are AFFIRMED.

3. Respondent is ORDERED TO PAY to the Secretary of Labor the sum of $20 within 40 days of the date of this decision.

4. The hearing scheduled in Denver, Colorado, for May 22, 1992, is CANCELED.

John J. Morris