Secretary of Labor v. Anthony T. Hare (ALJ decision, February 27, 1985)

Plain-English summary

MSHA charged Anthony T. Hare, an agent of Gall Silica Mining Company, with knowingly authorizing, ordering, or carrying out two violations involving front-end loaders without brakes. The alleged violations concerned 30 C.F.R. § 56.9-3 at the company's No. 2 Mine and Plant. The parties proposed $300 to resolve Hare's penalties, down from the $400 originally assessed. They reduced the proposed amount for one violation because it occurred on level, soft ground with little or no foot traffic. Judge James A. Broderick approved the settlement and ordered Hare to pay $300 within 30 days. The decision separately notes that the corporate operator had paid $350 and $250 for the two violations.

Decision snapshot

• Cited standard: 30 C.F.R. § 56.9-3, loader brakes; the judge also applied the penalty criteria in 30 U.S.C. § 820(i).
• Outcome: Settlement approved; Anthony T. Hare ordered to pay $300 within 30 days.
• Key point: The proposed penalty for one loader violation was reduced in light of the terrain and limited foot traffic.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ANTHONY T. HARE
DDATE:
19850227
TTEXT:
~291
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. SE 84-55-M
PETITIONER
A.C. No. 08-00395-05506-A
v.
Gall Silica Mining Company,
ANTHONY T. HARE,
Inc., No. 2 Mine and Plant
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On February 26, 1985, 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 $400 and the parties propose to settle for $300.

Respondent was charged as the agent of Gall Silica Mining Company, a corporate mine operator, with knowingly authorizing, ordering or carrying out the two violations of 30 C.F.R. 56.9-3. The violations alleged were operating two front-end loaders without brakes. The corporate operator paid penalties of $350 and $250 for the two violations.

The motion proposes a settlement in the case against Respondent whereby, Respondent would pay $200 (the amount assessed) and $100 for the violations charged. The second alleged violation occurred on level, soft ground and there was little or no foot traffic in the area. For these reasons, the penalty proposed was reduced.

I have considered the motion in the light of the criteria in section 110(i) of the Act, and conclude that the settlement should be approved.

Accordingly, the settlement is APPROVED and Respondent is ORDERED TO PAY the sum of $300 within 30 days of the date of this decision.

James A. Broderick
Administrative Law Judge