Sanders Construction, Inc. (ALJ decision, October 31, 1986)

Plain-English summary

Sanders Construction, Inc. faced five citations at the Gilbert Mine #1 in connection with violations of mandatory mine-safety standards. After a hearing began, the parties reached a settlement. Judge John J. Morris approved the settlement, affirmed four citations under 30 C.F.R. §§ 56.6047 and 56.6090 with $2,000 in total penalties, and vacated Citation 2361175 under 30 C.F.R. § 56.18020. The company was ordered to pay $2,000 within 40 days.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 56.6047, 56.6090, and 56.18020
• Outcome: Four citations were affirmed with $2,000 in penalties, and one citation was vacated.
• Key point: The ALJ approved a settlement that preserved four penalties and vacated one citation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. SANDERS
DDATE:
19861031
TTEXT:

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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 86-86-M
PETITIONER
A.C. No. 42-01927-05502 15J

v. Gilbert Mine #1

SANDERS CONSTRUCTION, INC.,
RESPONDENT

DECISION

Appearances: Margaret Miller, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner.

Before: Judge Morris

This is a civil penalty proceeding initiated by petitioner against respondent in accordance with the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The civil penalties sought here are for the violation of mandatory standards promulgated pursuant to the Act.

After notice to the parties, a hearing on the merits commenced in Las Vegas, Nevada on August 26, 1986. At the hearing counsel for the petitioner advised the judge that the parties had reached an amicable settlement.

The citations, the standards alleged violated, the original assessments and the proposed dispositions are as follows:

Standard Original
Citation No. C.F.R. Title 30 Assessment Disposition 2361156 56.6047 $500 $500 2361157 56.6047 500 500 2361159 56.6090 500 500 2361171 56.6047 500 500 2361175 56.18020 500 Vacate

I have considered the proposed settlement and I find it is reasonable and in the public interest.

Accordingly, I enter the following:

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ORDER

1. The settlement is approved.

2. The following citations and proposed penalties are affirmed:

Citation No.
Penalty
2361156
$500
2361157
500
2361159
500
2361171
500

3. Citation 2361175 and all penalties therefor are vacated.

4. Respondent is ordered to pay the sum of $2,000 within 40 days of the date of this decision.

John J. Morris
Administrative Law Judge