Ezel / Agency Decisions / west-90-273-m-alj
FMSHRC ALJ decision Docket WEST 90-273-M, WEST 90-274-M, WEST 90-347-M, WEST 91-6-M Decided July 25, 1991 Settled Judge John J. Morris Transcribed from scan

Jet Concrete Incorporated

Jet Concrete Incorporated (FMSHRC WEST 90-273-M): Four settlement proceedings resolved for $3,037

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This order from 1991 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 1991
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). 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

Jet Concrete and the Secretary reached a settlement covering four civil penalty proceedings and 38 citations. The parties agreed to reduce the assessments in three proceedings and settle the fourth for its stated total, resulting in payments of $802, $248, $1,740, and $247. Judge John J. Morris found the settlement reasonable and in the public interest. He approved it, affirmed the citations and penalties as provided in the agreement, and ordered Jet Concrete to pay $3,037 within 30 days.

Decision snapshot

  • Cited standards: The decision does not identify individual standards. It cites the civil-penalty criteria in 30 U.S.C. § 820(i).
  • Outcome: The settlement was approved, the citations and settlement penalties were affirmed, and Jet Concrete was ordered to pay $3,037.
  • Key point: A single approved settlement resolved four proceedings and 38 citations for a combined payment of $3,037.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. JET CONCRETE
DDATE:
19910725
TTEXT:

Page 2

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              Federal Mine Safety and Health Review Commission
                     Office of Administrative Law Judges
                            The Federal Building
                       Room 280, 1244 Speer Boulevard
                              Denver, CO 80204

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 90-273-M
PETITIONER A.C. No. 26-02153-05501
v.
Docket No. WEST 90-274-M
JET CONCRETE INCORPORATED, A.C. No. 26-02153-05502
RESPONDENT
Docket No. WEST 90-347-M
A.C. No. 26-02153-05503

                                          Docket No. WEST 91-6-M
                                          A.C. No. 26-02153-05504

                                          Jet Concrete Inc.

                        DECISION APPROVING SETTLEMENT

Before: Judge Morris

 These cases are civil penalty proceedings 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.

 The parties reached an amicable settlement prior to a

hearing.

 In WEST 90-273-M, the parties seek to settle 20 citations

with assessments of $1024 for the sum of $802.

 In WEST 90-274-M, the parties seek to settle 7 citations for

the assessments totaling $248.

 In WEST 90-347-M, the parties seek to settle 10 citations

with assessments of $3000 for the sum of $1740.

 In WEST 91-6-M, the parties seek to settle 1 citation with

an assessment of $400 for the sum of $247.

 In connection with the motion, the parties have further

submitted information relating to the statutory criteria for
assessing civil penalties as contained in 30 U.S.C. 820(i).

 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:

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ORDER

    1. The settlement agreement is APPROVED.

 2. The citations and penalties, as provided in the

settlement agreement, are AFFIRMED.

 3. Respondent is ORDERED TO PAY to the Secretary of Labor

the sum of $3037 within 30 days of the date of this decision.

                                  John J. Morris
                                  Administrative Law Judge

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