Secretary of Labor (MSHA) v. Yakima Cement Products Company, Inc. (ALJ decision, August 29, 1983)

Plain-English summary

The Secretary sought approval of settlements in a penalty case involving Yakima Cement Products Company. After an earlier order, the Secretary supplied information on company size, violation history, compliance efforts, and ability to remain in business. Chief Judge Paul Merlin found that the response still addressed negligence and gravity only by referring to checked boxes on the citations. He required supporting information about those two penalty factors within 45 days. The order did not assess penalties or decide the alleged violations.

Decision snapshot

• Cited standards: The order does not identify the standards underlying the citations.
• Outcome: Secretary ordered to provide information on negligence and gravity within 45 days.
• Key point: Checked citation boxes alone did not support the proposed penalty settlements.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. YAKIMA CEMENT
DDATE:
19830829
TTEXT:
~1468

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 83-37-M
PETITIONER
A.C. No. 45-00727-05501

v. East Salah Pit & Plant

YAKIMA CEMENT PRODUCTS
COMPANY, INC.,
RESPONDENT

FURTHER ORDER TO SUBMIT INFORMATION

In response to my order of July 15, 1983, the Solicitor now has submitted a response. The response sets forth the size of the operator's business, history of prior violations, good faith compliance and ability to continue in business.

However, with respect to negligence and gravity the Solicitor merely refers me to Items 20 and 21 on each citation. In my prior order I stated that I could not approve settlements based upon checking boxes when no reasons are given. I adhere to this view. Other Regional Solicitors in response to orders just like the one issued in this case have submitted the necessary information in order for their proposed settlements to be approved. I do not see why I should accept anything less from this Regional Solicitor. I particularly note settlement motions recently received from the Regional Solicitor, Philadelphia and the Regional Solicitor, Nashville.

It is hereby Ordered that within 45 days of the date of this order the Solicitor file information adequate for me to determine the statutory criteria of negligence and gravity sufficient to make a determination as to proper penalty amounts.

Paul Merlin
Chief Administrative Law Judge