Glenn Burwick, Employed by Burwick Construction Company (ALJ decision, June 7, 1993)

Glenn Burwick, Employed by Burwick Construction Company (FMSHRC CENT 92-341-M): $400 settlement approved

Decision type

ALJ decision

Docket

CENT 92-341-M

Decided

June 7, 1993

Presiding judge

William Fauver

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-08-14

Cited standards

30 U.S.C. § 820(i)

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this to your situation

This order from 1993 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.

Final ALJ decision, not Commission precedent

This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. 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

Glenn Burwick, employed by Burwick Construction Company, faced a civil penalty proceeding at the Alexander Sand Pit. Judge William Fauver reviewed the parties' settlement motion and supporting documentation under the statutory civil-penalty criteria. He approved the settlement and ordered payment of $400 within 30 days. The case was to be dismissed after payment.

Decision snapshot

Governing provision: 30 U.S.C. § 820(i)
Outcome: The settlement was approved, with a $400 penalty due within 30 days, after which the case would be dismissed.
Key point: A supported settlement consistent with the statutory penalty criteria may be approved and used to resolve the proceeding.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 92-341-M
Petitioner : A.C. No. 41-01225-05510 A DSI
:
v. : Alexander Sand Pit
:
GLENN BURWICK, Employed by :
BURWICK CONSTRUCTION
:
COMPANY,
:
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

This case is before me upon a petition for assessment of a civil penalty under § 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in § 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalty of $400.00 within 30 days of this decision. Upon such payment this case is dismissed.

William Fauver
Administrative Law Judge

Distribution:

J. Philip Smith, Esq., Office of the Solicitor, U.S. Department of
Labor, 4015 Wilson Boulevard, 4th Floor, Arlington, VA 22203
(Certified Mail)

Mr. Glenn Burwick, Burwick Oilfield Services, Inc., Drawer P,
Bronte, TX 76933 (Certified Mail)

/fcca

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