Secretary of Labor v. Western Rock Products Corporation (ALJ decision, February 27, 1985)

Plain-English summary

MSHA charged Western Rock Products with five safety violations at its Sorenson Pit. At the hearing, the Secretary reported that the parties had agreed to settle. The Secretary said the original penalty assessments had not given full credit for the company's prior history and proposed reducing all five penalties to $120 each. Judge John J. Morris approved the agreement, affirmed the citations, and ordered Western Rock to pay $600 within 40 days. The decision lists the cited regulations but does not describe the underlying conditions.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 56.12-32, 56.12-8, 56.12-13(b), 56.4-12, and 56.12-18.
• Outcome: Settlement approved; five citations affirmed at $120 each, for a $600 total due within 40 days.
• Key point: Credit for the operator's prior history reduced the proposed penalties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WESTERN ROCK PRODUCTS
DDATE:
19850227
TTEXT:
~289
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 84-49-M
PETITIONER
A.C. No. 42-01572-05502

v. Sorenson Pit
WESTERN ROCK PRODUCTS
CORPORATION,
RESPONDENT

DECISION

Appearances: Robert J. Lesnick, Esq., Office of the Solicitor, U.S.Department of Labor, Denver, Colorado, for Petitioner;
No appearance for respondent.

Before: Judge Morris

The Secretary of Labor, on behalf of the Mine Safety and Health Administration, charges respondent with violating safety regulations promulgated under the Federal Mine Safety and Health Act, 30 U.S.C. 801 et seq.

After notice to the parties, a hearing commenced on December 5, 1984 in Las Vegas, Nevada.

At the commencement of the hearing counsel for the Secretary advised the judge that the parties had reached an amicable settlement.

The citations, the standards allegedly violated, the initial assessments, and the proposed dispositions are as follows:

30 CFR Section Assessed
Citation No. Violated Penalty Disposition

   2083838 A          56.12-32                  500        120
   2083838 B          56.12-8                   400        120
   2083838 C          56.12-13(b)               300        120
   2083838 D          56.4-12                   250        120
   2083838 E          56.12-18                  200        120

In support of the motion to reduce the proposed penalties the Secretary states that his Office of Assessments failed to give full credit for respondent's prior history.
~290
The proposed settlement is in order and it should be approved.

Accordingly, I enter the following:

ORDER

1. The settlement agreement is APPROVED.

2. The following citations and penalties, as noted, are AFFIRMED.

Citation No. Penalty

2083838 A
120
2083838 B
120
2083838 C
120
2083838 D
120
2083838 E
120

3. Respondent is ordered to pay to the Secretary the sum of 600.00 within 40 days of the date of this decision.

John J. Morris
Administrative Law Judge