Mar-Land Industrial Contractor, Incorporated (ALJ decision, June 18, 1992)

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

Decision type

ALJ decision

Docket

SE 90-117-M

Decided

June 18, 1992

Presiding judge

Avram Weisberger

Outcome

Modified

Precedential status

Final order, not precedent

Checked against source

2026-08-15

Cited standards

30 C.F.R. § 56.15005

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this to your situation

This order from 1992 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.

Final ALJ decision, not Commission precedent

This decision on remand followed the Commission's reversal of an earlier negligence finding. No later Commission review of this decision appears in the official index, so it became final under the 40-day rule in 30 U.S.C. § 823(d)(1). 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.

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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