Ezel / Agency Decisions / west-89-138-m-alj
FMSHRC ALJ decision Docket WEST 89-138-M, WEST 89-173-M Decided April 30, 1990 Settled Judge John J. Morris Transcribed from scan

Sierra Aggregate, Inc.

Sierra Aggregate, Inc. (FMSHRC WEST 89-138-M and WEST 89-173-M): Settlement approved

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This order from 1990 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1990
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not binding on the Commission in other cases. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Sierra Aggregate reached a settlement with the Secretary in two civil penalty proceedings. The stipulation amended several citations to non-S&S violations and reduced several proposed penalties. Judge John J. Morris found the settlement reasonable and in the public interest, approved it, affirmed the amended citations, and assessed a total penalty of $235. The company was ordered to pay within 40 days.

Decision snapshot

  • Cited standards: 30 C.F.R. §§ 56.4200(b)(2) and 4200(b)(2)
  • Outcome: The settlement was approved, the amended citations were affirmed, and $235 in penalties was assessed.
  • Key point: A settlement can reduce proposed penalties and change S&S allegations when the judge finds the agreed resolution reasonable and in the public interest.

Full text (FMSHRC public release)

CCASE:
MSHA V. SIERRA AGGREGATE
DDATE:
19900430
TTEXT:

Page 2

~898

           FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
                          DENVER, COLORADO
                           April 30, 1990

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 89-138-M
Petitioner A.C. No. 04-04707-05508

      v.                    Docket No. WEST 89-173-M
                            A.C. No. 04-04707-05509

SIERRA AGGREGATE, INC.
Respondent Red Top Mine

                           DECISION

Appearances: Jonathan S. Vick, Esq., Office of the Solicitor,
U.S. Department of Labor, Los Angeles, California
for the Petitioner; Donald G. Jolly, President,
Sierra Aggregate, Inc. for the Respondent.

Before: Judge Morris

 The Secretary of Labor, on behalf of the Mine Safety and Health

Administration (MSHA), charges respondent with violating safety
regulations promulgated under the Federal Mine Safety and Health Act,
30 U.S.C. 801, et seq. (the Act).

 After notice to the parties, a hearing on the merits commenced in

Reno, Nevada on March 29, 1990.

 At the hearing the parties reached an amicable settlement and

entered into the following stipulation.

Docket No. WEST 89-138-M:

 Citation No. 3286098: this citation should be affirmed as a

non-S&S violation and the proposed penalty should be affirmed.

 Citation No. 3286099: this citation should be affirmed as a

non-S&S violation. Further, the proposed penalty of $105 should be
reduced to a penalty of $20.

 Citation No. 3293961: this citation should be amended to allege

a non-S&S violation of 30 C.F.R. 4200(b)(2). Further, the proposed
penalty should be affirmed.

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~899
Citation No. 3293962: this citation and the proposed penalty of
$20 should be affirmed.

 Citation No. 3293963: this citation should be amended to allege a

non-S&S violation of 30 C.F.R. 56.4200 (B)(2) and the proposed penalty
of $63 should be reduced to a penalty of $20.

 Citation No. 3293964: this citation should be amended to allege a

non-S&S violation and the proposed penalty should be reduced from $85 to
$20.

Docket No. WEST 89-173-M:

 Citation No. 3293966: this citation is amended to allege a non-S&S

violation of section 109(a) of the Act and the penalty should be reduced
from $50 to $20.

 Citation No. 3286032: this citation should be affirmed as a non-S&S

violation and the proposed penalty should be reduced from $126 to $20.

 Citation No. 3286033: this citation should be affirmed and the

proposed penalty reduced from $98 to $75.

 I have reviewed the stipulation and I find it is reasonable. Further,

it is in the public interest that the proposed settlement should be
approved.

   Accordingly, I enter the following:

                              ORDER

   1.   The stipulation and proposed settlement are approved.

 2. The foregoing citations, as amended by the stipulation, are

affirmed.

   3.   The following civil penalties are assessed:

Docket No. WEST 89-138-M:

             Citation No.                      Penalt@

               3286098                           $20
               3286099                            20
               3293961                            20
               3293962                            20
               3293963                            20
               3293964                            20

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Docket No. WEST 89-173-M:

            Citation No.                   Penalty

              3293966                        $20
              3286032                         20
              3286033                         75

 4. Respondent is ordered to pay to the Secretary the sum of

$235.00 within 40 days of the date of this decision.

                           John J. Morris
                           Administrative Law Judge

Distribution:

Jonathan S. Vick, Esq., Office of the Solicitor, U.S. Department of Labor,
Room 3247 Federal Building, 300 North Los Angeles Street, Los Angeles, CA
90012 (Certified Mail)

Mr. Donald G. Jolly, President, Sierra Aggregate Company, Inc.,
P.0. Box 1725, Bishop, CA 93514 (Certified Mail)

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