Ezel / Agency Decisions / SE 86-84-M

Drilling and Blasting Systems, Inc. (ALJ decision, November 26, 1986)

Drilling and Blasting Systems, Inc. (FMSHRC SE 86-84-M): Settlement approved

Decision type
ALJ decision
Docket
SE 86-84-M
Decided
November 26, 1986
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-26
Cited standards
30 U.S.C. § 801 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1986
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.
Final ALJ decision approving a settlement, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
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.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary proposed a $147 civil penalty against Drilling and Blasting Systems after an alleged violation connected with a death on mine property. The company disputed the penalty’s gravity and negligence assessments and raised a jurisdictional question because the incident occurred about 4,000 feet from the quarry site. Judge James A. Broderick approved the parties’ settlement for $85 and cancelled the scheduled hearing.

Decision snapshot

  • Cited provisions: 30 U.S.C. § 820(i).
  • Outcome: The settlement was approved for an $85 payment, and the hearing was cancelled.
  • Key point: The ALJ approved a reduced penalty settlement after considering the company’s small size, lack of prior violations, disputed assessment factors, and a jurisdictional question.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. DRILLING & BLASTING
DDATE:
19861126
TTEXT:

Page 2

~1854

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 86-84-M
PETITIONER
A.C. No. 09-00024-05501-C5A

v. Georgia Marble

DRILLING AND BLASTING
SYSTEMS, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On November 20, 1986, 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 $147 and the parties propose to settle for $85.

The motion states that Respondent is a small independent contractor and has no history of prior violations. The motion states that the gravity and negligence were over evaluated. The alleged violation, which resulted in the death of the son of the President of Respondent, occurred on mine property but 4000 feet from the quarry site, and there is some question of jurisdiction. I accept the allegations in the motion. 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.

Accordingly, the settlement is APPROVED and Respondent is ordered to pay the sum of $85 within 30 days of the date of this order, if it has not already done so.

The hearing scheduled for December 7, 1986 in Atlanta, Georgia is CANCELLED.

James A. Broderick
Administrative Law Judge

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