Elmhurst-Chicago Stone Company (ALJ decision, November 30, 1987)

Plain-English summary

MSHA cited Elmhurst-Chicago Stone for failing to take down or support loose ground before work in a drift, in violation of 30 C.F.R. § 57.3022. The decision states that an MSHA investigation concluded the condition caused a fall-of-face accident in which one miner suffered fatal injuries and another was seriously injured. The Secretary sought approval of a settlement reducing the proposed penalty from $7,000 to $4,500, citing the marked-off area and the operator's rule against work in unscaled areas. Judge James A. Broderick approved the settlement and ordered payment of $4,500 within 30 days.

Decision snapshot

• Cited standard: 30 C.F.R. § 57.3022
• Outcome: The settlement was approved and the penalty was reduced from $7,000 to $4,500.
• Key point: The settlement treated the marked-off area and the operator's safety rule as reasons supporting a reduced penalty after a serious loose-ground incident.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ELMHURST-CHICAGO STONE
DDATE:
19871130
TTEXT:

Page 2

~1985

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 87-76-M
PETITIONER
A.C. No. 11-02707-05510

v. Elmhurst Underground No. 1

ELMHURST-CHICAGO STONE COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT
ORDER TO PAY
Before: Judge Broderick

The Solicitor has filed a motion to approve a settlement of the one violation involved in this case. The original assessment was $7,000 and the proposed settlement is for $4,500.

The Solicitor's motion discusses the violation in light of the six statutory criteria set forth in section 110(i) of the Act. The subject citation was issued for a violation of 30 C.F.R. 57.3022 because loose ground was not taken down or supporte before other work was done in drift EE east. An MSHA investigation concluded that this violation caused a fatal fall-of-face accident when two miners entered the area to survey for the center line to be used by the drillers to establish a drilling pattern. A slab of rock, 12 feet by 7 feet and 30 to 36 inches thick, fell from the face and struck both miners. One miner received fatal injuries, and the other was seriously injured. The Solicitor represents that a reduction from the original assessment is warranted because the cited area had been marked off following a blast, but the scaling crew had not barred the loose material. Thus, the miners should not have entered the area, especially in light of the operator's rule against working in unscaled areas and the fact that the cited area was marked. I accept the foregoing representations and approve the recommended settlement.

Page 3

~1986
Accordingly, the motion to approve settlement is GRANTED and the operator is ORDERED TO PAY $4,500 within 30 days from the date of this decision.

James A. Broderick
Acting Chief Administrative Law Judge