Chrisman Ready-Mix, Inc. (ALJ decision, November 28, 1994)

Plain-English summary

Chrisman Ready-Mix faced eight alleged violations across two civil penalty proceedings at the Clarkville Quarry. The Secretary agreed to vacate one citation in each docket, while Chrisman agreed to pay the proposed penalties for the remaining six citations. Judge Jerold Feldman approved the settlement under the Mine Act's penalty criteria, despite expressing concern that the $63 penalties for two significant-and-substantial violations could trivialize their seriousness. Chrisman was ordered to pay $326 within 30 days, after which the cases would be dismissed.

Decision snapshot

• Cited standards: Part 56 mandatory safety standards
• Outcome: The settlement was approved, two citations were vacated, the remaining six were resolved through payment, and a $326 penalty was ordered.
• Key point: The judge approved the parties' settlement while expressly noting concern about whether low penalties for S&S violations adequately reflected their seriousness.

Full text (FMSHRC public release)

Page 2

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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 PROCEEDINGS
MINE AND SAFETY AND HEALTH :
ADMINISTRATION (MSHA),
: Docket No. CENT 94-35-M
Petitioner
: A.C. No. 0301597-05504
:
v. : Docket No. CENT 94-42-M
: A.C. No. 0301597-05505
CHRISMAN READY-MIX, INC.,
:
Respondent
: Clarkville Quarry

DECISION

Appearances: Nancy B. Carpentier, Esq., Robert A. Goldberg, Esq., Office of the Solicitor, U.S. Department Of Labor, Dallas, Texas, for the Petitioner;
Lonnie C. Turner, Esq., Turner & Mainard, Ozark, Arkansas, for the Respondent.

Before: Judge Feldman

These proceedings concern proposals for assessment of civil penalties filed by the Secretary of Labor against the respondent corporation pursuant to section 110(a) of the Federal Mine Safety and Health Act of 1977 (the Act), 30 U.S.C. 820(a). These matters were called for hearing on August 2, 1994, in Fort Smith, Arkansas.

Docket No. CENT 94-35-M concerns a total proposed civil penalty of $250.00 for five citations alleging nonsignificant and substantial violations of mandatory safety standards contained in Part 56 of the mine safety regulations, 30 C.F.R. Part 56. Docket No. CENT 94-42-M involves three citations for alleged significant and substantial violations of Part 56 mandatory standards. The civil penalty proposed by the Secretary for each of these alleged violations is $63.00 for a total proposed penalty of $189.00.

At trial, the Secretary relied upon the testimony of Mine Safety and Health Administration (MSHA) Inspector James Clifton Enochs and Robert Newton Chrisman, the respondent's Chairman of the Board. The respondent's direct case consisted of the testimony of its Chairman Robert Chrisman. At the culmination of the hearing I scheduled September 27, 1994, as the filing date for proposed findings and conclusions. The filing date was extended to October 27, 1994, at the request of the Secretary.

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In lieu of filing posthearing proposed findings, on November 21, 1994, The Secretary, pursuant to Commission Rule 31, 29 C.F.R. 2700.31, filed a joint motion to approve settlement of all matters in issue in these proceedings. With respect to Docket No. CENT 94-35-M, the Secretary moves to vacate Citation No. 4116731. The respondent has agreed to pay the total proposed civil penalty of $200.00 for the remaining four citations. Similarly, the respondent has agreed to pay the total proposed penalty of $126.00 for two of the three citations that are the subject of Docket No. CENT 94-42-M. The Secretary seeks to vacate remaining Citation No. 4116732.

In support of their agreement, the parties state the settlement terms are consistent with the statutory civil penalty criteria in section 110(i) of the Act, 30 U.S.C. 820(i). While I am concerned that the agreed upon civil penalty of $63.00 for each of the two significant and substantial violations in Docket No. CENT 94-42-M may undermine the public's confidence in the enforcement of the Act by trivializing the serious nature of such violations, even where the respondent is a small operator, I will defer to the parties' agreement.

ORDER

After considering the evidence adduced at trial as well as the submission in support of the proposed settlement, the parties joint motion for the approval of settlement IS GRANTED. Accordingly, consistent with the parties' agreement, the respondent IS ORDERED to pay, within 30 days of the date of this decision, a total civil penalty of $326.00 in satisfaction of the citations in issue in these proceedings. Upon timely receipt of payment, these cases ARE DISMISSED.

Jerold Feldman
Administrative Law Judge

Distribution:

Nancy B. Carpentier, Esq., and Robert A. Goldberg, Esq., Office of the Solicitor, U. S. Department of Labor, 525 Griffin St., Suite 501, Dallas, TX 75202 (Certified Mail)

Lonnie C. Turner, Esq., Turner & Mainard, 110 West Commercial, Ozark, AR 72949 (Certified Mail)

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