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

Plain-English summary

MSHA charged Western Rock Products with ten safety violations at its Delta Pit. At the hearing, the Secretary told Judge John J. Morris that the parties had settled. The Secretary said the original assessments on four citations had failed to give full credit for Western Rock's prior history and proposed lower amounts for them. The judge approved the settlement and affirmed all ten citations with the amounts shown in the order. He directed Western Rock to pay a total of $380 within 40 days. The decision lists the cited regulations but does not describe the underlying conditions.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 56.12-25, 56.4-10, 56.12-28, 56.4-2, 56.4-12, 56.9-6, and 56.12-1.
• Outcome: Settlement approved; ten citations affirmed with $380 in total penalties due within 40 days.
• Key point: The settlement reduced four assessed penalties after credit for the operator's prior history.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WESTERN ROCK PRODUCTS
DDATE:
19850227
TTEXT:
~293
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 84-50-M
PETITIONER
A.C. No. 42-01833-05505

V
Delta 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

          2008016    56.12-25                98      56
          2008017    56.4-10                 20      20
          2008019    56.12-25                98      56
          2083820    56.12-28                20      20
          2083944    56.4-2                  20      20
          2083948    56.4-12                 20      20
          2083949    56.12-25                68      56
          2083983    56.12-25                98      56
          2083950    56.9-6                  54      56
          2083982    56.12-1                 20      20

~294
In connection with Citations 2008016, 2008019, 2083949 and 2083983, the Secretary states his Office of Assesments failed to give full credit for respondent's prior history. Accordingly, the proposed assessments for those citations should be reduced.

The remaining citations are essentially in accordance with the Secretary's evaluation and the penalties, as originally assessed, should be affirmed.

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

2008016 56
2008017 20
2008019 56
2083820 20
2083944 20
2083948 20
2083949 56
2083983 56
2083950 56
2083982 20

3. Respondent is ordered to pay to the Secretary the sum of 380 within 40 days of the date of this decision.

John J. Morris
Administrative Law Judge