Price Construction Inc.

Plain-English summary

Price Construction and the Secretary reached a settlement over Citation No. 3448774. The agreement removed the “Significant and Substantial” designation while leaving the citation otherwise affirmed. Judge Michael A. Lasher, Jr. approved the settlement and assessed the agreed $25 penalty. The order required payment within 40 days.

Decision snapshot

• Cited authority: 30 U.S.C. § 820(a)
• Outcome: The citation was modified to delete the S&S designation, otherwise affirmed, and accompanied by a $25 penalty.
• Key point: The settlement changed the violation’s S&S characterization while preserving the underlying citation.

Full text (FMSHRC public release)

      FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                    1244 SPEER BOULEVARD #280
                            DENVER, CO 80204-3582
                      (303) 844-5266/FAX (303) 844-5268

                                January 21, 1993

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 92-33-M
Petitioner : A.C. No. 41-02926-05515
:
v. : Crusher #2
:
PRICE CONSTRUCTION INC., :
Respondent :

                           DECISION

Appearances: Nancy B. Carpentier, Esq., Office of the Solicit-
or, U.S. Department of Labor, Dallas, Texas,
for Petitioner;
Bob Price, President, PRICE CONSTRUCTION, INC.,
Big Spring, Texas,
for Respondent.

Before: Judge Lasher

 This proceeding was initiated by the filing of a Complaint

Proposing Penalty by Petitioner on December 20, 1991, pursuant to
Section 110(a) of the Federal Mine Safety and Health Act of 1977,
30 U.S.C. 820(a) seeking assessment of a penalty for a viola-
tion described in Citation No. 3448774 issued April 2, 1991.

 At commencement of hearing in Abilene, Texas, on November

19, 1992, the parties conferred and reached an amicable resolu-
tion of this matter. The parties agreed that the "Significant
and Substantial" designation of the violation should be deleted
and that an appropriate penalty should be $25.00. This settle-
ment was approved from the bench by my order on the record
(T. 5-6) and such is here AFFIRMED and the penalty stipulated is
here ASSESSED.
ORDER

 1.   Citation No. 3448774 is MODIFIED to delete the "Signi-

ficant and Substantial" designation thereon and is otherwise
AFFIRMED.

 2.   Respondent, if it has not previously done so, SHALL PAY

to the Secretary of Labor within 40 days from the date hereof the
sum of $25.00.
Michael A. Lasher, Jr.
Administrative Law Judge

Distribution:

Nancy B. Carpentier, Esq., Office of the Solicitor, U.S. Depart-
ment of Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202
(Certified Mail)

Mr. Bob Price, President, PRICE CONSTRUCTION, INC., Snyder
Highway, P.O. Box 1029, Big Spring, TX 79721-1029 (Certified
Mail)

ek

Nancy B. Carpentier, Esq. 525 Griffin Street #501, U.S. Depart-
ment of Labor, 525 Griffin Street, Suite 501, Dallas, Tx 75202
(Certified Mail)

Mr. Bob Price, President PRICE CONSTRUCTION, INC. Snyder
Highway P.O. Box 1029, Big Spring, TX 79721-1029 (Certified
Mail)

ek