Secretary of Labor v. Standard Metals Corporation (ALJ decision, January 23, 1985)

Plain-English summary

The judge amended his earlier decision in five consolidated civil penalty cases concerning Standard Metals Corporation's Sunnyside Mine. The January 4 decision had listed a $2,000 penalty for one citation in docket WEST 84-79-M. Judge John A. Carlson found that the hearing transcript showed the parties had agreed to $1,000 for that citation and that he had approved that amount. He corrected the single penalty to $1,000 and the total for all five cases from $5,672 to $4,672. The amended decision does not identify the safety standard underlying the corrected citation.

Decision snapshot

• Cited standards: This amendment does not identify the standards in the consolidated cases.
• Outcome: Penalty in WEST 84-79-M corrected from $2,000 to $1,000; total corrected to $4,672.
• Key point: The written penalty figure was changed to match the settlement stated and approved on the hearing record.

Source note: The amendment's caption prints WEST 84-118-M. The January 4 decision at https://www.fmshrc.gov/decisions/alj/01041985/standard-metals-corporation prints WEST 84-18-M for the same assessment control number, 05-00417-05513. The frontmatter uses the January 4 docket number; both agency captions are transcribed as printed.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. STANDARD METALS
DDATE:
19850123
TTEXT:
~9
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES

SECRETARY OF LABOR
CIVIL PENALTY PROCEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 83-56-M
petitioner
A.C. No. 05-00417-05508

Docket No. WEST 83-116-M
A.C. No. 05-00417-05512

Docket No. WEST 84-118-M
V. A.C. No. 05-00417-05513

Docket No. WEST 84-60-M
A.C. No. 05-00417-05518

STANDARD METALS CORPORATION,
Docket No. WEST 84-79-M
Respondent
A.C. No. 05-00417-05523

Sunnyside Mine

AMMENDED DECISION

Appearances: James H. Barkley, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for petitioner;
Zach C. Miller, Esq., Davis, Graham & Stubbs Denver, Colorado.

Before: Judge Carlson

The decision issued on January 4, 1985 in this consolidated case requires amendment. In Docket No. WEST 84Ä79ÄM therein, the decision purports to impose a civil penalty of $2,000.00. As disclosed in the transcript of proceedings, that figure is in error. By settlement recited upon the record, the parties agreed that the penalty should be $1,000.00 and this judge found that amount appropriate.

Accordingly, the decision is amended and corrected to assess a penalty of $1,000.00 for the single citation involved in Docket No. WEST 84Ä79ÄM; and the figure for the total penalty imposed is amended and corrected to reflect $4,672.00 rather than $5,672.00.

SO ORDERED.

John A. Carlson
Administrative Law Judge