Ezel / Agency Decisions / se-90-117-m-alj
FMSHRC ALJ decision Docket SE 90-117-M Decided June 18, 1992 Modified Judge Avram Weisberger Transcribed from scan

Mar-Land Industrial Contractor, Incorporated

Mar-Land Industrial Contractor, Incorporated (FMSHRC SE 90-117-M): Remand penalty set at $1,000

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This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1992
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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
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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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

The Commission remanded Mar-Land Industrial Contractor's civil penalty proceeding for reassessment after reversing the judge's finding of high negligence. Judge Avram Weisberger applied the Commission's conclusion that Mar-Land's negligence was ordinary and considered the remaining statutory penalty factors stipulated by the parties. He assessed a $1,000 civil penalty for the violation of 30 C.F.R. § 56.15005.

Decision snapshot

  • Cited standard: 30 C.F.R. § 56.15005.
  • Outcome: On remand, the judge assessed a $1,000 civil penalty after the Commission reduced the negligence finding to ordinary.
  • Key point: The penalty was reassessed to reflect the Commission's revised negligence finding.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission
Office of Administrative Law Judges
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. SE 90-117-M
PETITIONER A. C. No. 54-00001-05503 BOY
v.
MAR-LAND INDUSTRIAL CONTRACTOR, Ponce Cement or
INCORPORATED, Ponce Cement Plant
RESPONDENT

                       DECISION ON REMAND

Before: Judge Weisberger

 On May 27, 1992, the Commission issued a decision in this

matter to me ". . . for reassessment of a civil penalty in light
of the considerations set forth above". (Mar-Land Industrial
Contractor, Inc., SE 90-117-M, 14 FMSHRC, ____ slip op., May 27,
1992).

 In its decision, the Commission reversed my finding of high

negligence (13 FMSHRC 333 (1991)), and concluded, with regard to
the negligence of Mar-Land as follows: "we consider the degree of
negligence with respect to the violation in issue to be ordinary".
(Mar-Land, supra, slip op., at 6). In light of this
consideration, and considering the remaining statutory factors as
stipulated to be by the parties, I conclude that a penalty of
$1,000 is appropriate for the violation at issue.

 It is ORDERED that within 30 days of this decision,

Respondent pay $1,000 as a civil penalty for the violation of 30
C.F.R. § 56.15005.

                                Avram Weisberger
                                Administrative Law Judge

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