Ezel / Agency Decisions / LAKE 88-138-M

Joliet Sand and Gravel Company (ALJ decision, May 24, 1989)

Joliet Sand and Gravel Company (FMSHRC LAKE 88-138-M): Fatal-accident settlement approved for $2,900

Decision type
ALJ decision
Docket
LAKE 88-138-M
Decided
May 24, 1989
Presiding judge
Roy J. Maurer
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Cited standards
30 C.F.R. § 56.11001 30 C.F.R. § 56.14026 30 U.S.C. § 815(d) 30 U.S.C. § 820(i) 30 U.S.C. § 823(d)(1)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1989
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not binding on the Commission in other cases. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Joliet Sand and Gravel operated the Rockdale Quarry. The Secretary alleged that the quarry lacked safe access to the controls of a rock breaker and lacked a start-and-stop electrical control on the boom after a fatal accident involving the machine. Judge Roy J. Maurer approved the parties' settlement of the two violations and ordered the operator to pay $2,900, reduced from the original combined assessment of $4,000.

Decision snapshot

  • Cited standards: 30 C.F.R. §§ 56.11001 and 56.14026
  • Outcome: The settlement was approved and a $2,900 penalty was ordered.
  • Key point: The judge approved a reduced penalty settlement covering two safety violations tied to the rock-breaker controls.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. JOLIET SAND AND GRAVEL
DDATE:
19890524
TTEXT:

Page 2

~920
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 88-138-M
PETITIONER
A.C. No. 11-02349-05505

v. Rockdale Quarry

JOLIET SAND AND GRAVEL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Maurer

On May 18, 1989, the Secretary of Labor on behalf of the parties to this action, filed a motion to approve the settlement negotiated between them. At issue in this case are two violations, originally assessed at $4000 in the aggregate. Settlement is proposed at $2900.

The above-referenced violations were discovered as a result of an investigation into a fatal accident which occurred on May 17, 1988, killing a crushing machine operator at the mine. More particularly, the operator was cited for a violation of 30 C.F.R. 56.11001 because safe access had not been provided to th controls of the Stanley rock breaker at the jaw crusher. The fatality occurred because the machine operator attempted to climb up to the controls, slipped and inadvertently grabbed one of the control levers. This swung the hammer around, struck another workman on the head and pinned the machine operator against a metal guard and killed him.

The operator was also cited for a violation of 30 C.F.R.
56.14026 because the machine was not provided with a start and stop electricial control on the boom. This violation is significant and substantial because the fatality occurred when the machine operator could not stop the swing hammer.

I accept the parties' representations and approve the settlement.

ORDER

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that respondent pay a penalty of $2900 within 30 days of this order.

Roy J. Maurer
Administrative Law Judge

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