Secretary of Labor v. Big Horn Construction Co., Bernard Banks, Bruce Parker, and James Wagaman (ALJ decision, April 2, 1986)

Plain-English summary

MSHA brought consolidated penalty cases against Big Horn Construction Company and three of its agents over two alleged violations of a mine safety standard at the Alchem trona mine. The parties settled before a hearing. Judge John J. Morris approved the agreement and affirmed the citation and order as modified. Big Horn owed the full proposed $1,800; Bernard Banks, Bruce Parker, and James Wagaman owed $825, $975, and $1,125 respectively after 25 percent reductions. The order states that the settlement was reasonable and in the public interest but gives no further description of the underlying conditions.

Decision snapshot

• Cited standard: 30 C.F.R. § 57.14-36.
• Outcome: Settlement approved; $4,725 in total civil penalties assessed across the company and three agents.
• Key point: The company paid its full proposed penalty while the three individual agents received 25 percent reductions.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BIG HORN CONSTRUCTION
DDATE:
19860402
TTEXT:
~506

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 84-134-M
PETITIONER
A.C. No. 48-00155-05502 K28

v. Docket No. WEST 85-170-M
A.C. No. 48-00155-05503 AK 28
BIG HORN CONSTRUCTION CO.,
BERNARD BANKS,
Docket No. WEST 85-171-M
BRUCE PARKER,
A.C. No. 48-00155-05504 A K28
JAMES WAGAMAN,
RESPONDENTS
Docket No. WEST 85-172-M
A.C. No. 48-00155-05505 A K28
(Consolidated)
Alchem Mine

DECISION APPROVING SETTLEMENT

Before: Judge Morris

These consolidated cases are civil penalty proceedings initiated by the petitioner against the respondents pursuant to Section 110 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 820.

Prior to a hearing the petitioner filed a motion seeking approval of a settlement agreement entered into by the parties.

1. The agreement reflects that at the time of the alleged violations respondent Big Horn Construction Company (Big Horn) was the corporate contractor-operator of the Alchem Mine, a trona mine in Sweetwater County, Wyoming. Further, respondent Bernard Banks (Banks) was acting as master mechanic at the mine and as agent for Big Horn; respondent Bruce Parker (Parker) was acting as foreman at the mine and as an agent for Big Horn; and respondent James Wagaman (Wagaman) was acting as project manager at the mine and as an agent for Big Horn.

2. In WEST 84Ä134ÄM respondent Big Horn is charged under section 110(a) of the Act, in Citation No. 2083234 and Order No. 2083235, with violating the mandatory safety standard published at 30 C.F.R. 57.14Ä36.

3. In WEST 85Ä170ÄM respondent Banks is charged under section 110(c) of the Act with knowingly authorizing, ordering, or carrying out the two foregoing violations as an agent of Big Horn.
~507
4. In WEST 85Ä171ÄM respondent Parker is charged under section 110(c) of the Act with knowingly authorizing, ordering, or carrying out the same two violations as an agent of Big Horn.

5. In WEST 85Ä172ÄM respondent Wagaman is charged with knowingly authorizing, ordering, or carrying out the same two violations as an agent of Big Horn.

6. The citations, the original assessments and the proposed dispositions for the violations of 30 C.F.R. 57.14Ä36 are as follows:
Citation &
Order
Respondent Number Assessment Settlement
Big Horn 2083234 $ 800 $ 800
2083235 1,000 1,000
Banks 2083234 500 375
2083235 600 450
Parker 2083234 600 450
2083235 700 525
Wagaman 2083234 700 525
2083235 800 600

The proposed settlement constitutes a payment in full of the originally proposed civil penalties against Big Horn and a 25% reduction of the originally proposed civil penalties against the three individual respondents.

Discussion

In support of their proposed settlement the parties have submitted information relating to the statutory criteria for assessing civil penalties as set forth in 30 U.S.C. 820(i).

I have reviewed the proposed settlement and I find it is reasonable as well as in the public interest. The agreement should be approved.

Accordingly, I enter the following:

ORDER

1. The settlement agreement is approved.

2. Citation No. 2083234 and Order No. 2083235, as modified, are affirmed as to the respondents in all consolidated cases.

3. In WEST 84Ä134ÄM the proposed civil penalty of $1,800 against respondent Big Horn is affirmed.

4. In WEST 85Ä170ÄM a civil penalty of $825 is assessed against respondent Bernard Banks.
~508
5. In WEST 85Ä171ÄM a civil penalty of $975 is assessed against respondent Bruce Parker.

6. In WEST 85Ä172ÄM a civil penalty of $1,125 is assessed against respondent James Wagaman.

John J. Morris
Administrative Law Judge