Shamrock Enterprises

Plain-English summary

Shamrock operated a sand and gravel facility in Minnesota where the Secretary alleged violations involving two orders and seven citations. The parties negotiated a settlement that reduced the proposed civil penalty from $24,326 to $11,117. Shamrock also agreed to conduct an eight-hour safety meeting and provide equipment-operator instruction. Judge Irwin Schroeder approved the settlement, ordered payment within 30 days, directed compliance with the undertakings, and noted that two orders and one citation would be vacated.

Decision snapshot

• Cited standards: None stated in the order
• Outcome: The settlement was approved, the penalty was reduced to $11,117, and the petition was to be dismissed after payment.
• Key point: The settlement required both a reduced penalty and specific safety-training undertakings, and the Secretary agreed to vacate two orders and one citation.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                       OFFICE OF ADMINISTRATIVE LAW JUDGES
                                2 SKYLINE, Suite 1000
                                5203 LEESBURG PIKE
                           FALLS CHURCH, VIRGINIA 22041




                                      April 24, 2001

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 2000-98-M
Petitioner : A.C. No. 21-02669-05520
v. :
:
SHAMROCK ENTERPRISES, :
Respondent : Crusher 22-25

                      DECISION APPROVING SETTLEMENT

Before: Judge Schroeder

    This case is before me on a Petition by the Secretary for the assessment of a Civil Penalty

for alleged violations of safety regulations under the Federal Mine Safety Act. The Petition
proposed a Civil Penalty of $24,326.00 for alleged violations of two orders and seven citations
in the operation of a sand and gravel facility in Minnesota. After receipt of an answer, I issued a
prehearing order which required an effort at negotiation. On April 17, 2001, the counsel for the
Secretary filed a Motion to Approve Settlement and Dismiss Proceedings. The Motion
represents that the parties have negotiated a settlement which requires several actions.

    First, the Respondent has agreed to pay a Civil Penalty in the reduced amount of

$11,117.00. Second, the Respondent has agreed to conduct an eight-hour meeting to instruct all
mine personnel on proper policy and procedure to ensure compliance with health and safety
regulations. Third, the Respondent has agreed to instruct equipment operator on specific
operational and inspection issued. Fourth, the Secretary has agreed to vacate two Orders and one
citation.

   The agreement to a reduction in the Civil Penalty is based on a reevaluation by the

Secretary of the facts and circumstances concerning the various orders and citations. I have
reviewed the record. I find the settlement agreement is consistent with the penalty criteria in the
Federal Mine Safety Act. I also find the settlement agreement is in the public interest.
Therefore, it is

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    ORDERED that the Motion to Approve Settlement and Dismiss Proceeding is granted.

The Respondent is directed to pay a Civil Penalty of $11,117.00 within 30 days of this Order.
The Respondent is directed to comply with the various undertakings in the settlement agreement.
The parties are to bear their own costs. Upon receipt of the Civil Penalty directed by this Order,
the Petition is DISMISSED.

                                         Irwin Schroeder
                                         Administrative Law Judge

Distribution:

Maya Ewing, Esq., Office of the Solicitor, U.S. Department of Labor, 230 S. Dearborn St.,
8th Floor, Chicago, IL 60604

Carrol P. Kelley, Secretary, Shamrock Enterprises, 6415 Bandel Road, NW., Rochester,
MN 55901

/mh

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