Secretary of Labor v. Florida Lime & Dolomite Co., Inc. (ALJ decision, May 30, 1985)

Plain-English summary

MSHA cited Florida Lime & Dolomite because a fuel-hauling truck at its Gulf Hammock Mine did not have working brakes. The parties agreed that a collision could have spilled flammable liquid and proposed settlement for the original $300 penalty. Chief Administrative Law Judge Paul Merlin found the agreement consistent with the Mine Act and approved it. He dismissed the case after the operator paid the penalty.

Decision snapshot

• Cited standard: 30 C.F.R. § 56.9-3, the vehicle brake requirement charged in Citation No. 2382764.
• Outcome: $300 settlement approved; case dismissed after payment.
• Key point: The parties agreed that operating a fuel truck without working brakes presented a serious collision hazard.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. FLORIDA LIME & DOLOMITE
DDATE:
19850530
TTEXT:
~768
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 84-70-M
PETITIONER
A.C. No. 08-00915-05505

v. Gulf Hammock Mine

FLORIDA LIME & DOLOMITE
CO., INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

On February 4, 1985, the Parties filed a Joint Motion to Approve Settlement and to Dismiss, in the above-captioned case. At issue is one violation which was originally assessed a penalty of $300. Settlement is proposed for the original amount.

Citation No. 2382764 was issued for violation of 30 C.F.R.
56.9-3, when it was discovered that a truck used to haul fuel did not have an operative brake system. The parties agree that the violation was serious and that the violation could have contributed to a collision, with the danger of spilling flammable liquid.

The parties represent that the operator is small with the mine having approximately seven employees.

I accept the representations of the parties and find the proposed settlement in accord with the purposes and policies of the Act. The settlement is hereby APPROVED.

ORDER

The operator having paid the penalty this case is hereby DISMISSED.

Paul Merlin
Chief Administrative Law Judge