Mayland Stone Company, Inc. (ALJ decision, February 9, 1990)

Plain-English summary

Mayland Stone operated a crushed stone facility with 10 employees on one shift. The case involved a berm-standard violation under 30 C.F.R. § 56.9300, and the Secretary and Mayland agreed that the company would pay the originally assessed $600 penalty. Judge James A. Broderick noted that the violation was serious and caused by the company’s negligence. He also considered the company’s size, 80,550 mine work hours during 1988, and its seven paid violations during the prior two years, including one berm violation. Applying the statutory penalty criteria, he approved the settlement and ordered payment within 30 days.

Decision snapshot

• Cited standard: 30 C.F.R. § 56.9300
• Outcome: The settlement was approved, and Mayland Stone was ordered to pay $600 within 30 days.
• Key point: A settlement amount may be approved after considering the seriousness and negligence of the violation, the operator’s size, work hours, and violation history.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MAYLAND STONE
DDATE:
19900209
TTEXT:

Page 2

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 89-96-M
PETITIONER
A.C. No. 31-01568-05507

v. Daybook Mine

MAYLAND STONE COMPANY, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Ken Welsch, Esq., Office of the Solicitor, U.S. Department of Labor, Atlanta, Georgia, for the Secretary of Labor; Lloyd Hise, Jr., Esq., Spruce Pine, North Carolina, for Mayland Stone Company, Inc.

Before: Judge Broderick

The above case was called for hearing on February 6, 1990, in Asheville, North Carolina. The Secretary made a motion on the record that a settlement agreement between the parties, whereby Respondent would pay the amount originally assessed, $600, be approved by the Commission.

Respondent operates a crushed stone facility. It employs 10 persons on one shift. During 1988, 80,550 man hours were worked at the mine. During the two years prior to the violation involved in this proceeding, Respondent had 7 paid violations of mandatory standards, including one violation of the berm standard, 30 C.F.R. 56.9300, which is involved herein. The violation in this case was serious and was caused by Respondent's negligence. 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 $600 within 30 days of the date of this order.

James A. Broderick
Administrative Law Judge