Carder Incorporated (ALJ decision, October 29, 1992)

Plain-English summary

Carder Incorporated operated Crusher Operation #2. The Secretary of Labor sought civil penalties for five citations. Judge Paul Merlin found that relief from Carder's default was warranted and approved the parties' settlement. The order modified Citation Nos. 3451182, 3629194, 3629195, 3629196, and 3629197 by removing the significant and substantial designations and changing the likelihood of injury to unlikely. The operator was ordered to pay a reduced penalty of $474 within 30 days.

Decision snapshot

• Cited standards: No specific 30 C.F.R. standard is identified in the official released text.
• Outcome: The default was vacated, the settlement was approved, five citations were modified, and the penalty was reduced from $916 to $474.
• Key point: The judge approved the proposed settlement after reviewing the parties' representations and documentation under the statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
MSHA V. CARDER
DDATE:
19921029
TTEXT:

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SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 92-351-M Petitioner : A. C. No. 05-04209-05507 :
v. : Crusher Operation #2
:
CARDER INCORPORATED,
:
Respondent :

ORDER VACATING DEFAULT
DECISION APPROVING SETTLEMENT
ORDER TO MODIFY
ORDER TO PAY

Before: Judge Merlin

This case is before me pursuant to Order of the Commission dated October 29, 1992.

Upon review of the file, I find that relief from the default is warranted.

The Solicitor has filed a motion to approve settlements. A reduction in the penalty from $916 to $474 is proposed. The Solicitor also requests that Citation Nos. 3451182, 3629194, 3629195, 3629196, and 3629197 be modified to delete the signifi- cant and substantial designation and to reduce the possibility of injury to unlikely. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlements are appropriate under the criteria set forth in section 110(i) of the Act.

In light of the foregoing, it is ORDERED that the default dated September 29, 1992, be and is hereby VACATED.

It is further ORDERED that the motion for approval of settlements be GRANTED.

It is further ORDERED that Citation Nos. 3451182, 3629194, 3629195, 3629196, and 3629197 be modified to delete the signifi- cant and substantial designation and to reduce the possibility of injury to unlikely.

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It is further ORDERED that the operator pay a penalty of $474 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge

Distribution: By Certified Mail

Kristi Floyd, Esq., Office of the Solicitor, U. S. Department of Labor, 1585 Federal Office Building, 1961 Stout Street, Denver, CO 80294

Ira J. Paulin, Carder, Inc., P. O. Box 721, Lamar, CO 81052

/gl