Secretary of Labor v. Blue Circle Incorporated (ALJ decision, September 19, 1986)

Plain-English summary

MSHA cited Blue Circle Incorporated after a fatal accident in which a liner plate fell from a work platform. The citations concerned missing toe boards and a failure to keep the platform clean and orderly. The settlement motion said the Secretary could not establish that toe boards would have prevented the accident and described the absence of toe boards as an apparent oversight. Judge James A. Broderick approved the settlement, reducing the assessed penalties from $4,000 to $1,600, payable within 30 days.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 56.11027 and 56.20003(a)
• Outcome: Settlement approved; assessed penalties reduced from $4,000 to $1,600.
• Key point: The judge accepted the proposed penalty reduction after considering the motion under the Mine Act penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BLUE CIRCLE
DDATE:
19860919
TTEXT:

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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 86-52-M
PETITIONER
A.C. No. 01-00629-05509

v. Roberta Cement Plant

BLUE CIRCLE INCORPORATED,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On September 5 and September 11, 1986 the parties submitted a motion for approval of a settlement reached by the parties in this case. The violations were originally assessed at $4000 and the parties propose to settle for $1600.

Two violations are involved in this proceeding, both cited following an investigation of a fatal accident on October 8, 1985 when an employee was struck by a piece of liner plate which fell approximately 40 feet from a work platform. The operator was cited for failing to provide toe boards on the work platform (30 C.F.R. 56.11027), and failing to keep the platform clean and orderly (30 C.F.R. 56.20003(a)). The motion states that the Secretary cannot establish that the toeboards would have prevented the accident. The work being performed was performed on an infrequent basis, and toeboards had been installed in other areas of the plant. The motion states that the failure to install them on the work platform involved here was apparently an oversight. Respondent implements annual safety training for its employees, and the employees involved had received safety training. The accident resulted in part from employees not implementing Respondent's procedures and safety rules. The violations were promptly abated.

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

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Accordingly, the settlement is APPROVED and Respondent is ORDERED TO PAY the sum of $1600 within 30 days of the date of this order.

James A. Broderick
Administrative Law Judge