Bert W. Bielz, Jr., and Richard McNeely (ALJ decision, June 8, 1987)

Plain-English summary

Bert W. Bielz, Jr., and Richard McNeely were charged as agents of Silver State Mining Corporation with knowingly authorizing, ordering, or carrying out violations involving 30 C.F.R. §§ 55.5-2 and 55.5-5. The operator had already been assessed penalties for those violations, and each respondent faced proposed penalties totaling $2,200. Judge John J. Morris approved the settlements, affirmed the Secretary's petitions, and assessed $2,200 against each respondent.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 55.5-2 and 55.5-5
• Outcome: The settlements were approved and $2,200 was assessed in each docket.
• Key point: Individual-agent proceedings under section 110(c) can result in separate civil penalties for the same underlying mine-safety violations.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BERT BIELZ
DDATE:
19870608
TTEXT:

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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 85-154-M
PETITIONER A.C. No. 05-03695-05512 A

v. Docket No. WEST 85-163-M
A.C. No. 05-03695-05513 A
BERT W. BIELZ, JR.,
and RICHARD McNEELY,
Silver State Mining Corporation's
RESPONDENTS
Iron Clad Mine

DECISION APPROVING SETTLEMENT

Before: Judge Morris

These are consolidated civil penalty proceedings initiated by the petitioner against respondents in accordance with the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq.

In Docket No. WEST 85Ä154ÄM respondent Bielz is charged in Citation 2099741 as an agent of the corporate mine operator with knowingly authorizing, ordering or carrying out the operator's violations of the mandatory safety standards published at 30 C.F.R. 55.5Ä2 and 55.5Ä5.

In WEST 85Ä163ÄM the same charges in Citation 2099742 are pending against respondent McNeely as an agent of the corporate mine operator.

Under section 110(a) of the Act, the corporate mine operator was assessed a civil penalty of $1,000 for its violation of 30 C.F.R. 55.5Ä2 and a civil penalty of $5,000 for its violation of 55.5Ä5. See Secretary of Labor (MSHA) v. Silver State Mining Corporation, FMSHRC Docket No. WEST 84Ä145ÄM. The case, decided by Commission Administrative Law Judge Gary Melick on April 2, 1987 has not been appealed.

In the present proceedings under section 110(c) of the Act, a civil penalty of $200 for violating 30 C.F.R. 55.5Ä2 and a civil penalty of $2,000 for violating 30 C.F.R. 55.5Ä5 were proposed against each of the respondents herein.

Respondents now desire to withdraw their contests in these proceedings and they have tendered to the Secretary two separate checks in the amount of $2,200 each, representing payment in full of the proposed civil penalties herein.

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I have reviewed the proposed settlement and I find it is reasonable and in the public interest. It should be approved.

Accordingly, I enter the following:

ORDER

1. The settlement is approved.

2. In WEST 85Ä154ÄM the Secretary's petition is affirmed.
For the violation of Citation 2099741 a civil penalty of $200 is assessed.

For the violation of Citation 2099742 a civil penalty of $2,000 is assessed.

3. In WEST 85Ä163ÄM the Secretary's petition is affirmed.
For the violation of Citation 2099741 a civil penalty of $200 is assessed.

For the violation of Citation 2099742 a civil penalty of $2,000 is assessed.

John J. Morris
Administrative Law Judge