Ezel / Agency Decisions / WEST 2003-268-M

CKC Materials Division (ALJ decision, April 7, 2005)

CKC Materials Division (FMSHRC WEST 2003-268-M): Settlement vacated four citations and cut penalties

Decision type
ALJ decision
Dockets
WEST 2003-268-M, WEST 2003-269-M, WEST 2003-270-M
Decided
April 7, 2005
Presiding judge
Jacqueline R. Bulluck
Outcome
Mixed result
Precedential status
Final order, not precedent
Checked against source
2026-08-09
Cited standards
30 U.S.C. § 815(d) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 2005 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.

Currency note: this decision dates from 2005
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.
Final order, not Commission precedent
This decision by an FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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.
Read the official release (fmshrc.gov)

Plain-English summary

CKC Materials Division faced three civil penalty proceedings involving citations at its operation. The judge approved a settlement that reduced the total penalty from $10,384 to $6,000. Four citations were vacated, two citations had their gravity reduced to unlikely, and five citations had the significant and substantial designation deleted. The cases were ordered dismissed after CKC paid the settlement amount.

Decision snapshot

  • Cited standard(s): The decision identifies the citations and proposed penalties but does not state their regulatory sections in the release text.
  • Outcome: Settlement approved, four citations vacated, several gravity and S&S findings modified, and the penalty reduced to $6,000.
  • Key point: The judge accepted a negotiated resolution after reviewing the settlement under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, NW, Suite 9500

Washington, DC 20001

April 7, 2005

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. WEST 2003-268-M
Petitioner : A.C. No. 02-01221-05528 :
v. : Docket No. WEST 2003-269-M
: A.C. No. 02-01221-05529
CKC MATERIALS DIVISION, :
Respondent : Docket No. WEST 2003-270-M : A.C. No. 02-01221-05530

DECISION APPROVING SETTLEMENT

Before: Judge Bulluck

These cases are before me upon petition for assessment of civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977 ("the Act"). Petitioner has filed a motion to approve settlement agreement and to dismiss these cases. A reduction in penalty from $10,384.00 to $6,000.00 is proposed. The citations, initial assessments and the proposed settlement amounts are as follows:

Initial
Proposed
Citation No. Assessment Settlement

WEVA 2003-268-M 6283833 $ 55.00 $ 55.00
6283836 55.00 55.00
6283846 55.00 55.00
6292219 55.00 55.00
6292220 90.00 90.00
6292221 90.00 55.00
6292222 90.00 90.00
6292223 55.00 55.00
6292224 90.00 0.00
6292225 90.00 55.00
6292226 55.00 55.00
6292228 55.00 55.00
6292260 113.00 113.00
6292261 90.00 90.00
6292262 90.00 90.00
6292263 55.00 55.00
6292264 55.00 55.00
6292265 55.00 55.00
6292266 55.00 55.00

SUBTOTAL: $ 1,348.00 $ 1,153.00

WEVA 2003-269-M 6292267 $ 55.00 $ 0.00
6292268 55.00 0.00
6293869 55.00 55.00
6293870 55.00 55.00
6293871 55.00 55.00
6293872 55.00 55.00
6293873 55.00 55.00
6293874 55.00 55.00
6293875 55.00 55.00
6293876 90.00 90.00
6293877 90.00 55.00
6293878 90.00 55.00
6293879 55.00 0.00
6293880 90.00 90.00
6293881 55.00 55.00
6293882 55.00 55.00
6293884 55.00 55.00
6293885 231.00 231.00
6293886 55.00 55.00

SUBTOTAL: $ 1,361.00 $ 1,126.00

WEVA 2003-270-M 6293890 $ 231.00 $ 231.00
6292997 224.00 224.00
6292999 224.00 224.00
6293001 655.00 162.00
6293002 399.00 399.00
6293003 161.00 161.00
6293004 317.00 317.00
6293005 224.00 224.00
6293007 655.00 162.00
6293008 655.00 162.00
6293009 655.00 645.00
6293010 655.00 162.00
6293011 655.00 162.00
6293012 655.00 162.00
6293013 655.00 162.00
6293014 655.00 162.00

SUBTOTAL: $ 7,675.00 $ 3,721.00

TOTAL: $ 10,384.00 $ 6,000.00

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.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Citation Nos. 6292224, 6292267, 6292268 and 6293879 are VACATED, that the Secretary MODIFY Citation Nos. 6293877 and 6293878 to reduce the level of gravity to "unlikely," Citation Nos. 6292221, 6292225, 6292261, 6293877 and 6293878 to delete the "significant and substantial" designation, and that Respondent PAY a penalty of $6,000.00 within 30 days of this decision. On receipt of payment, these cases are DISMISSED.

Jacqueline R. Bulluck

Administrative Law Judge

(202) 434-9987

Distribution:

Isabella M. Del Santo, Esq., U.S. Department of Labor, Office of the Solicitor, 71 Stevenson Street, Suite 1110, San Francisco, CA 94105-2937

Brian Cluff, General Manager, CKC Materials, 1234 E. Airport Blvd., Safford, AZ 85546

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