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

Plain-English summary

MSHA charged Western Rock Products with nine violations of electrical safety standards at its Delta Pit. At the hearing, the Secretary reported that the parties had settled. The proposed agreement kept the assessed amounts for all nine citations. Judge John J. Morris approved the settlement, affirmed the citations and their penalties, and ordered Western Rock to pay $3,500 within 40 days. The order does not describe the underlying electrical conditions or make separate factual findings about them.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 56.12-25, 56.12-8, and 56.12-2, electrical safety provisions.
• Outcome: Settlement approved; nine citations affirmed with $3,500 total penalties due within 40 days.
• Key point: The parties settled at the initially assessed penalty amounts.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WESTERN ROCK
DDATE:
19850227
TTEXT:
~297
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 84-54-M
PETITIONER
A.C. No. 42-01833-05507

v. Delta Pit

WESTERN ROCK PRODUCTS
CORPORATION,
RESPONDENT

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

DECISION

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

   2083947 A          56.12-25       $500              $500
   2083947 B          56.12-8         500               500
   2083947 C          56.12-8         200               200
   2083947 D          56.12-8         200               200
   2083947 E          56.12-8         200               200
   2083947 F          56.12-8         200               200
   2083947 G          56.12-25        500               500
   2083947 H          56.12-25        500               500
   2083947 I          56.12-2         700               700

~298
In support of his motion the Secretary states that he relies on and agrees with the assessments proposed by his Office of Assessments.

The proposed settlement is in order and it should be approved.

Accordingly, I enter the following:

ORDER

1. The proposed settlement agreement is APPROVED.

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

Citation No. Penalty

2083947 A $500
2083947 B 500
2083947 C 200
2083947 D 200
2083947 E 200
2083947 F 200
2083947 G 500
2083947 H 500
2083947 I 700

3. Respondent is ordered to pay to the Secretary the sum of $3,500 within 40 days of the date of this decision.

John J. Morris
Administrative Law Judge