Sellersburg Stone Company (ALJ decision, June 22, 1987)

Plain-English summary

Sellersburg Stone faced 13 alleged safety violations at its stone mine under standards covering guarding, electrical equipment, and electrical bushings. Judge George A. Koutras reviewed the Secretary's explanation for reducing the proposed penalties and approved settlements totaling $1,080 across two dockets. The operator was ordered to pay the settlement amounts within 30 days, after which the proceedings would be dismissed.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 56.14001, 56.14003, and 56.11012
• Outcome: Settlements in LAKE 86-127-M and LAKE 86-128-M were approved for $571 and $509, respectively.
• Key point: A settlement supported by the statutory penalty criteria and a factual explanation for the reductions may be approved in the public interest.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. SELLERSBURG STONE
DDATE:
19870622
TTEXT:

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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 86-127-M
PETITIONER
A.C. No. 12-00109-05508

v. Docket No. LAKE 86-128-M
A.C. No. 12-00109-05509
SELLERSBURG STONE COMPANY,
RESPONDENT
Sellersburg Stone Mine

DECISIONS APPROVING SETTLEMENTS

Before: Judge Koutras

Statement of the Proceedings

These proceedings concern proposals for assessment of civil penalties filed by the petitioner against the respondent pursuant to section 110(a) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 820(a), seeking civil penalty assessments for 13 alleged violations of certain mandatory safety standards found in Part 56, Title 30, Code of Federal Regulations. The petitioner has now filed a motion pursuant to Commission Rule 30, 29 C.F.R. 2700.30, seeking approval of the proposed settlements. Th citations, initial assessments, and the proposed settlement amounts are as follows:

Docket No. LAKE 86Ä127ÄM

30 C.F.R.
Citation No. Date Section Assessment Settlement

2633854 06/17/86 56.14001 $ 119.00 65.00
2633855 06/17/86 56.14003 119.00 65.00
2633859 06/17/86 56.14001 192.00 138.00
2633860 06/17/86 56.11012 119.00 119.00
2844942 06/17/86 56.14003 119.00 65.00
2844943 06/17/86 56.11012 119.00 119.00

$ 787.00 $ 571.00

Docket No. LAKE 86Ä128ÄM
30 C.F.R.
Citation No. Date Section Assessment Settlement

2844949 06/17/86 56.14003 $119.00 65.00
2844950 06/17/86 56.14003 119.00 65.00
2844954 06/17/86 56.14003 119.00 65.00
2844955 06/17/86 56.14003 119.00 65.00
2844960 06/17/86 56.14003 119.00 65.00
2844962 06/17/86 56.11012 119.00 119.00

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2844963 06/17/86 56.14003 119.00 65.00

$ 833.00 $ 509.00

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Discussion

In support of the proposed settlement disposition of these cases, the petitioner has submitted information pertaining to the six statutory civil penalty criteria found in section 110(i) of the Act. In addition, the petitioner has submitted a full discussion and disclosure as to the facts and circumstances surrounding the issuance of the violations in question, and a reasonable justification for the reduction of the original proposed civil penalty assessments.

Conclusion

After careful review and consideration of the pleadings, arguments, and submissions in support of the motion to approve the proposed settlement of these cases, I conclude and find that the proposed settlement dispositions are reasonable and in the public interest. Accordingly, pursuant to 29 C.F.R. 2700.30, the motion IS GRANTED, and the settlements ARE APPROVED.

ORDER

Respondent IS ORDERED to pay civil penalties in the settlement amounts shown above in satisfaction of the citations in question within thirty (30) days of the date of these decisions and order, and upon receipt of payment by the petitioner, these proceedings are dismissed.

George A. Koutras
Administrative Law Judge