Grefco Incorporated

Plain-English summary

Grefco Incorporated reached a settlement with the Secretary of Labor covering one citation and two withdrawal orders issued under Section 104(d)(1) of the Mine Act. Judge Michael A. Lasher, Jr. approved the settlement. Citation No. 3448924 was vacated, Withdrawal Order No. 3446523 was modified into a Section 104(d)(1) citation, and Withdrawal Order No. 3448925 was affirmed. Grefco was ordered to pay $31,500 in civil penalties.

Decision snapshot

• Cited provision: 30 U.S.C. § 814(d)(1)
• Outcome: One citation was vacated, one withdrawal order was modified into a citation, one withdrawal order was affirmed, and $31,500 in penalties was assessed.
• Key point: The approved settlement changed the enforcement status of one document while preserving the other withdrawal order and its place in the enforcement chain.

Full text (FMSHRC public release)

CCASE:
MSHA V. GREFCO INCORPORATED
DDATE:
19921027
TTEXT:

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

                      October 27, 1992

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 92-42-M
Petitioner : A.C. No. 29-01433-03526
:
v. : Grefco Inc.
:
GREFCO INCORPORATED, :
Respondent :

                            DECISION

Appearances: Robert A. Fitz, Esq., Office of the Solicitor,
U.S. Department of Labor, Dallas, Texas,
for Petitioner;
Michael Conley, Esq., GENERAL REFRACTORIES
COMPANY, Bala Cynwyd, Pennsylvania,
for Respondent.

Before: Judge Lasher

 At the commencement of hearing in this matter in Albuquer-

que, New Mexico, on September 9, 1992, the parties announced
their accomplishment of a settlement covering the three enforce-
ment documents (citation and two withdrawal orders) involved.
The agreement reached was considered and approved from the bench
on the record (T. 8) and such is here AFFIRMED. The settlement
called for the withdrawal of Section 104(d)(1) Citation No.
3448924 and the modification of Section 104(d)(1) Withdrawal
Order No. 3446523 from an Order to a 104(d)1) Citation. With-
drawal Order No. 3448925, also issued under the authority of
Section 104(d)(1) of the Act was not modified. Thus, with the
modification of Order No. 3446523 to a 104(d)(1) Citation, such
enforcement document became the underlying Citation for 104(d)(1)
Order No. 3448925 in the 104(d) chain. Petitioner agreed that
appropriate penalties for Citation No. 3446523 and Order No.
3448925 were $18,500 and $13,500, respectively, and Respondent
agreed to the payment of such as part of the settlement. Such
penalties are here ASSESSED. In effectuation of this settlement,
the following order is entered:

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ORDER

    1.   Citation No. 3448924 is VACATED.

 2.   Withdrawal Order No. 3446523 is MODIFIED to change its

nature from a Section 104(d)(1) Withdrawal Order to a Section
104(d)(1) Citation.

 3.   Section 104(d)(1) Withdrawal Order No. 3448925 is

AFFIRMED.

 4.   Respondent, if it has not previously done so, SHALL,

within 30 days from the date of issuance hereof, PAY to the
Secretary of Labor the total sum of $31,500 as and for the civil
penalties here assessed.
Michael A. Lasher, Jr.
Administrative Law Judge

Distribution:

Robert A. Fitz, Esq., Office of the Solicitor, U.S. Department of
Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202
(Certified Mail)

Michael Conley, Esq., GENERAL REFRACTORIES COMPANY, 225 City
Avenue, Bala Cynwyd, PA 19004 (Certified Mail)

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