Secretary of Labor v. Kennecott Minerals Company, Utah Copper Division (ALJ decision, May 23, 1985)

Plain-English summary

The Secretary of Labor and Kennecott Minerals proposed a settlement of four citations at the Magna Concentrator Mine. Their agreement reduced two penalties, increased a third, and withdrew Citation No. 2083538 because it duplicated Citation No. 2083537 unfairly. Judge John A. Carlson approved the agreement and vacated the duplicate citation. He ordered payment of $6,350 for the three remaining citations within 30 days and dismissed the proceeding. The decision does not identify the cited safety standards or describe the violations.

Decision snapshot

• Cited standards: Not identified in this settlement decision.
• Outcome: Three citations settled for $6,350 total; duplicate Citation No. 2083538 vacated and case dismissed.
• Key point: The settlement removed a citation the parties considered duplicative while changing the penalties on the other three.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. KENNECOTT MINERALS
DDATE:
19850523
TTEXT:
~766
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 84-77-M
PETITIONER
A.C. No. 42-00716-05508

v. Magna Concentrator Mine

KENNECOTT MINERALS COMPANY,
UTAH COPPER DIVISION,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Carlson

By joint motion the parties request approval of a settlement agreement in this civil penalty proceeding. Specifically, they ask that the citations and penalties originally issued and proposed be modified as follows:

Original Proposed Amended Proposed
Citation No. Penalty Penalty

     2083610           $    200.00           $ 100.00
     2083611                500.00             250.00
     2083537               5,000.00          6,000.00
     2083538               5,000.00          Withdrawn

Justification for the reduced and increased penalties are well documented. The parties seek to have citation 2083538 withdrawn on grounds that it is unfairly duplicative of citation 2083537.

Having considered the representations of the parties and the contents of the file, I conclude that the settlement agreement is appropriate and should be approved.

Accordingly, the agreement is approved in all particulars, and the attendant motions of the parties are granted. Respondent, within 30 days of the date of this order, shall pay civil penalties of $100.00 for citation 2083610, $250.00 for citation 2083611, and $6,000.00 for citation 2083537, for a total of $6,350.00. Citation 2083538 is vacated, and this proceeding is dismissed.

SO ORDERED.

John A. Carlson
Administrative Law Judge