Dillingham Construction (ALJ decision, June 2, 1995)

Plain-English summary

Dillingham Construction faced civil penalty proceedings involving the Lyman Quarry Mine. The parties reached a settlement at a scheduled hearing, reducing the proposed penalty from $4,800 to $1,200. Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria and approved it. The company was ordered to pay $600 on May 9, 1995, and $600 on June 9, 1995.

Decision snapshot

• Cited standard(s): The order does not identify specific Mine Act safety standards.
• Outcome: The settlement was approved and the total civil penalty was reduced to $1,200.
• Key point: The ALJ approved the negotiated penalty after considering the parties' representations and supporting documentation under Section 110(i) of the Mine Act.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

June 2, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. SE 95-81-M
Petitioner : A. C. No. 30-00612-05503 X7X
v. :
: Docket No. SE 95-113-M
DILLINGHAM CONSTRUCTION : A. C. No. 38-00612-05504 X7X
Respondent : : Lyman Quarry Mine

DECISION APPROVING SETTLEMENT

Appearances: Leslie J. Rodriguez, Esq., Office of the Solicitor, U. S. Department of Labor, Atlanta, Georgia, for the Petitioner;
Mr. Joe Meyer, Dillingham Construction Company, Asheville, North Carolina, for Respondent.

Before: Judge Weisberger

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). A hearing was scheduled for May 9, 1995, in Greenville, South Carolina. At the hearing, the Parties\ entered into a settlement agreement, and Petitioner moved to approve the settlement. A reduction in penalty from $4800 to $1200 is proposed. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is appropriate under the criteria set forth\ in Section 110(i) of the Act.

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WHEREFORE, the motion for approval of settlement is GRANTED.
It is ORDERED that respondent pay a penalty of $1200 as follows:
$600 is to be paid on May 9, 1995 and $600 is to be paid on June 9, 1995.

Avram Weisberger
Administrative Law Judge

Distribution:

Leslie J. Rodriguez, Esq., Office of the Solicitor, U. S. Department of Labor, 1371 Peachtree Street, NE, Room 339, Atlanta, GA 30367 (Certified Mail)

Mr. Joe Meyer, Dillingham Construction Company, 340 Dillingham Circle, Asheville, NC 28805 (Certified Mail)

dcp

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