Ezel / Agency Decisions / lake-89-92-m-alj-2
FMSHRC ALJ decision Docket LAKE 89-92-M Decided April 18, 1990 Settled Judge James A. Broderick Transcribed from scan

France Stone Company

France Stone Company (FMSHRC LAKE 89-92-M): Settlement approved after fatal accident

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This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1990
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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
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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.
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Plain-English summary

France Stone Company faced two citations arising from a fatal accident at a stone quarry stockpile. One citation alleged that the dumping area lacked an adequate berm after a truck traveled about 40 feet down to the quarry floor, and the other alleged that the truck driver was not wearing a seat belt. Judge James A. Broderick approved the settlement under the Mine Act penalty criteria and ordered France Stone to pay $12,000 within 30 days.

Decision snapshot

  • Cited standards: 30 C.F.R. §§ 56.9301 and 56.14131
  • Outcome: The settlement was approved, and France Stone was ordered to pay $12,000.
  • Key point: The judge approved the proposed resolution after considering the statutory civil-penalty criteria.

Full text (FMSHRC public release)

CCASE:
MSHA V. FRANCE STONE
DDATE:
19900418
TTEXT:

Page 2

~760

            FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
                           FALLS CHURCH, VA
                            April 18, 1990

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. LAKE 89-92-M
Petitioner A.C. No. 20-00024-05514
v.
Monroe Stone Quarry
FRANCE STONE COMPANY,
Respondent

             DECISION APPROVING SETTLEMENT

Before: Judge Broderick

 On April 16, 1990, the Secretary of Labor filed a motion for

approval of a settlement reached by the parties in this case. The
violations were originally assessed at $12,000 and the parties propose
to settle for $412,000.

 Two citations are involved in this docket, both growing out of a

fatal accident on February 7, 1989. One charges a violation of 30 C.F.R.
56.9301 because an adequate berm was not provided at the edge of
dumping area as a result of which a truck travelled over the edge of the
stockpile 40 feet down to the quarry floor. This violation was assessed
at $10,000. The other citation charges a violation of 30 C.F.R. 56.14131
because the truck driver was not wearing seat belts while transporting and
dumping material at the stockpile.

 l have considered the motion in the liqht of the criteria in section

110(i) of the Act and conclude that it should be approved.

 Accordingly, the settlement is APPROVED and Respondent is ORDERED TO

pAy the sum of $12,000 within 30 days of the date of this order.

                            James A. Broderick
                            Administrative Law Judge

Distribution:

Rafael Alvarez, Esq., U.S. Dept. of Labor, Office of the Solicitor,
230 S. Dearborn St., Chicago, IL 60604 (Certified Mail)

Henry Chajet, Esq., Jackson & Kelly, 1701 Pennsylvania Ave., N.W.,
Washington, D.C. 20006 (Certified Mail)

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