Jim Walter Resources, Inc. (ALJ decision, May 13, 1987)

Plain-English summary

Jim Walter Resources, Inc. submitted a joint motion with the Secretary of Labor to approve settlements for three violations at the No. 4 Mine. The originally assessed penalties totaled $815, and the proposed settlements totaled $723. The operator agreed to pay the original assessments of $294 and $329 for two citations, while the assessment for a self-rescuer violation was reduced from $192 to $100 because the judge accepted the parties' explanation that negligence was lower than originally assessed. Judge Paul Merlin approved the settlement and ordered payment of $723 within 30 days.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.1714-2(a)
• Outcome: The settlement was approved, the total penalty was set at $723, and payment was ordered within 30 days.
• Key point: The judge accepted a reduced penalty for the self-rescuer violation based on the parties' explanation of lower negligence and the operator's written reprimand.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. JIM RESOURCES
DDATE:
19870513
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 87-41
PETITIONER
A.C. No. 01-01247-03741
v.
No. 4 Mine
JIM WALTER RESOURCES, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT
ORDER TO PAY

Before: Judge Merlin

The parties have submitted a joint motion to approve settlements of the three violations involved in this case. The total amount of the originally assessed penalties was $815 and the total of the proposed settlements is $723.

The motion discusses the violations in light of the six statutory criteria set forth in section 110(i) of the Federal Mine Safety and Health Act of 1977. The operator has agreed to pay the original assessment of $294 for Citation No. 2811209 and $329 for Citation No. 2811213.

The parties propose that the originally assessed amount of $192 for Citation No. 2810537 be reduced to $100, because negligence is less than was originally assessed. This citation cites a violation of 30 C.F.R. 75.1714-2(a) because a ram car operator was observed inside the mine without a self rescuer device on his person or within twenty-five feet of his person. The parties represent that a reduction from the original assessment is warranted because once this condition was discovered, the employee was issued a written reprimand by the operator pursuant to the progressive disciplinary program employed at the mine. I accept these representations and approved recommended settlements.

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In light of the foregoing, the settlement motion is Approved and the operator is ORDERED TO PAY $723 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge