Blue Bayou Sand and Gravel (ALJ decision, June 25, 1996)

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

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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)

/ml

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