France Stone Company (ALJ decision, April 18, 1990)

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)