Blue Bayou Sand and Gravel

Plain-English summary

The Commission remanded Blue Bayou Sand and Gravel’s case after reversing the ALJ’s earlier conclusions that the violation was not significant and substantial and did not present an imminent danger. Judge Avram Weisberger found that the violation’s gravity was very high under the Commission’s decision and assessed a $1,200 civil penalty. The order required payment within 30 days.

Decision snapshot

• Cited standard: Not identified in this remand order.
• Outcome: The remand penalty was set at $1,200.
• Key point: After the Commission found the violation S&S and an imminent danger, the ALJ reassessed the penalty based on the violation’s very high gravity.

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

                          June 25, 1996

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 93-238-M
Petitioner : A.C. No. 03-01619-05503
v. :
: Blue Bayou Sand and Gravel
BLUE BAYOU SAND AND GRAVEL, :
Respondent :

                      DECISION ON REMAND

Before: Judge Weisberger

 On June 19, 1996, the Commission issued a decision in this

matter reversing my initial conclusions that the violation at
issue was not S&S and did not present any imminent danger.
The Commission remanded Afor reassessment of the civil penalty
consistent with this decision (Docket No. CENT 93-238, June 19,
1996, slip. op. at 8).

 Consistent with the Commission=s decision that the

violation at issue was S&S and an imminent danger, I find that
the level of gravity of the of the violation is very
high. In evaluating the factors set forth in Section 110(c)
of the Act, I consider most significant the factor of gravity
due to its high level.
I find accordingly, that a penalty of $1,200 is appropriate.

                              ORDER

 It is ORDERED that, within 30 days of this decision,

Respondent shall pay a civil penalty of $1,200 for the
violation set forth in citation/order No. 4116491.

                                   Avram Weisberger
                                   Administrative Law Judge




                               1059

Page 2

Distribution:

Susan E. Long, Esq., Office of the Solicitor, U.S. Department
of Labor, 4015 Wilson Blvd., Suite 516, Arlington, VA 22203
(Certified Mail)

David J. Potter, Esq., 901 North State Line Avenue, Texarkana,
TX 75501-5268 (Certified Mail)

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