F W Contractors Incorporated

Plain-English summary

F W Contractors Incorporated faced a civil-penalty proceeding concerning its Tarrant Aggregate #2 operation. The parties proposed reducing the penalty from $2,700 to $2,025. Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria, approved it, and ordered the company to pay $2,025 within 30 days. The decision does not describe the underlying safety violation.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved and a $2,025 penalty was ordered, reduced from the proposed $2,700.
• Key point: The ALJ approved the penalty reduction after reviewing the parties' representations and documentation under the statutory penalty criteria.

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

                           May 10, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 94-198-M
Petitioner : A.C. No. 41-03766-05503
v. :
: Tarrant Aggregate #2
F W CONTRACTORS INCORPORATED, :
Respondent :

                     :DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

 This case is before me upon a petition for assessment

of civil penalty under Section 105(d) of the Federal Mine
Safety and Health Act of 1977 (the Act). Petitioner has
filed a motion to approve settlement agreement and to dismiss
the case. A reduction in penalty from $2700 to $2025 is proposed.
I have considered the representations and documentation submitted
in this case, and I conclude that the proffered settlement is
appropriate under the criteria set forth in Section 110(i) of the
Act.

 WHEREFORE, the motion for approval of settlement is

GRANTED, and it is ORDERED that Respondent pay a penalty of
$2025 within 30 days of this order.

                                 Avram Weisberger
                                 Administrative Law Judge

Distribution:

Jack F. Ostrander, Esq., Office of the Solicitor, U.S. Department
of Labor, 525 Griffin St., Suite 501, Dallas, TX 75202

Paul G. Johnston, Safety Director, F W Contractors Incorporated,
P.O. Box 185219, Fort Worth, TX 76181

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