Ezel / Agency Decisions / west-89-16-m-alj
FMSHRC ALJ decision Docket WEST 89-16-M, WEST 89-17-M Decided March 19, 1990 Settled Judge Michael A. Lasher, Jr. Transcribed from scan

Channel & Basin Reclamation

Channel & Basin Reclamation (FMSHRC WEST 89-16-M and WEST 89-17-M): Settlement approved for 22 violations

Apply this to your situation

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

The Secretary and Channel & Basin Reclamation moved for approval of a settlement covering 22 violations in two civil penalty dockets. Judge Michael A. Lasher, Jr. approved the settlement and assessed the agreed amounts listed in the order. The proposed penalties totaled $5,342, while the settlement amount totaled $3,776, due by May 10, 1990.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: The settlement was approved and $3,776 in penalties was assessed for payment.
  • Key point: The judge approved the parties' supported settlement and ordered payment of the agreed total.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CHANNEL & BASIN
DDATE:
19900319
TTEXT:

Page 2

~541
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 89-16-M
PETITIONER A.C. No. 04-04780-05511

      v.                                  Docket No. WEST 89-17-M
                                          A.C. No. 04-04780-05512

CHANNEL & BASIN RECLAMATION,
RESPONDENT Hansen Dam Plant

                              DECISION

Appearances: John C. Nangle, Esq., Office of the Solicitor,
U.S. Department of Labor, Los Angeles, California,
for Petitioner;
Richard M. Atkinson, Esq., Ontario, California,
for Respondent.

Before: Judge Lasher

 Upon motion for approval of a proposed settlement of the 22

violations involved in these 2 dockets and the same appearing
proper and fully supported in the record, the settlement is
approved and the penalties agreed to by the parties are here
assessed:

                               Proposed            Settlement
   Citation                     Penalty               Amount

   03068926                     $ 20.00              $ 20.00
   03068933                      294.00                20.00
   03073526                      500.00               375.00
   03291621                      350.00               262.00
   03291622                      241.00               193.00
   03291623                      350.00               262.00
   03291624                       20.00                20.00
   03291627                      227.00                20.00
   03291628                      294.00               235.00
   03291629                      350.00                20.00
   03291631                       20.00                20.00
   03291632                       20.00                20.00
   03291633                       20.00                20.00
   03291634                      350.00               300.00
   03291635                      350.00               300.00
   03291636                       20.00                20.00

Page 3

~542
03291637 20.00 20.00
03291638 392.00 355.00
03291639 294.00 294.00
03291641 20.00 20.00
03291642 350.00 350.00
03291644 840.00 630.00

        Total          $5,342.00            $3,776.00

Respondent, if it has not previously done so, is ordered to pay
to the Secretary of Labor on or before May 10, 1990, the sum of
$3,776.00.

                             Michael A. Lasher, Jr.
                             Administrative Law Judge

Get today's answer for your situation

You just read what one judge decided for one employer in 1990, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.