Vulcan Materials Co. (ALJ decision, October 2, 1995)

Plain-English summary

These consolidated cases involved civil-penalty petitions against Vulcan Materials and two employees. Judge Gary Melick approved a settlement under section 110(i) of the Mine Act. The settlement vacated the charges in dockets SE 95-244-M and SE 95-245-M and increased the penalty in docket SE 94-605-M from $4,000 to $6,500. Vulcan was ordered to pay the $6,500 penalty within 30 days.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815, 820(c), and 820(i)
• Outcome: Two dockets were vacated under the settlement, and a $6,500 penalty was ordered in the third docket.
• Key point: The ALJ approved the settlement after considering the parties' representations and documentation under section 110(i) of the Mine Act.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

October 2, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. SE 95-244-M
Petitioner
: A.C. No. 31-00198-05535A
:
v. : Docket No. SE 95-245-M
: A.C. No. 31-00198-05536A
RICHARD DALE MILLER and,
:
JON LEE STEVENS, employed by :
VULCAN MATERIALS CO.,
: Rockingham Mine
Respondent
:
:
SECRETARY OF LABOR,
: Docket No. SE 94-605-M
MINE SAFETY AND HEALTH
: A.C. No. 31-00198-05531
ADMINISTRATION (MSHA),
:
Petitioner
: Rockingham Mine
v. :
:
VULCAN MATERIALS COMPANY,
:
Respondent
:

DECISION

Appearances: Leslie John Rodriguez, Esq., Office of the Solicitor, U.S. Department of Labor, Atlanta, Georgia, for the Petitioner; William K. Doran, Esq., Smith, Heenan & Althen, Washington, D.C., for the Respondent.

Before: Judge Melick

These cases are before me upon petitions for assessment of civil penalty under Sections 105(d) and 110(c) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearings Petitioner filed a motion to approve a settlement agreement proposing to vacate the charges in Docket Nos. SE 95-244-M and SE 95-245-M and to increase the penalty in Docket No. SE 94-605-M from $4,000 to $6,500. I have considered the representations and documentation submitted in these cases and I conclude that the proffered settlement is acceptable under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED.
Case Docket Nos. SE 95-244-M and SE 95-245-M are accordingly vacated and in case Docket No. 94-605-M it is ORDERED that Respondent pay a penalty of $6,500 within 30 days of this order.

Gary Melick
Administrative Law Judge
703-756-6261

Distribution:

Leslie John Rodriguez, Esq., Office of the Solicitor, U.S. Dept. of Labor, 1371 Peachtree Street, N.E., Room 339, Atlanta, GA 30367 (Certified Mail)

William K. Doran, Esq., Smith, Heenan & Althen, 1110 Vermont Ave., N.W., Suite 400, Washington, D.C. 20005 (Certified Mail)

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