Drilling and Blasting Systems, Inc.

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

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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 86-84-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