Western Sand & Gravel (ALJ decision, February 24, 1993)

Plain-English summary

Western Sand & Gravel operated the Tenino Pit and faced a proposed civil penalty of $431. The parties jointly asked the judge to approve a settlement reducing the penalty to $192. Judge Paul Merlin found the reduction appropriate in light of the operator's small size and negligible history. He approved the settlement and ordered payment within 30 days.

Decision snapshot

• Cited authority: 30 U.S.C. § 820(i).
• Outcome: The settlement was approved and a $192 penalty was ordered.
• Key point: The judge accepted a substantial penalty reduction based on the operator's small size and negligible history.

Full text (FMSHRC public release)

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEST 92-511-M
Petitioner : A. C. No. 45-03119-05508 :
v. :
:
:
WESTERN SAND & GRAVEL,
: Tenino Pit
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

This case is before me upon a petition for assessment of a civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977. The parties have filed a joint motion to approve settlement. A reduction in the penalty from $431 to $192 is proposed. The proposed reduction is large but the recommended amounts appear proper in light of the operator's small size and negligible history. Therefore, I conclude based on the representations and documentation submitted in this case that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that the operator pay a penalty of $192 within 30 days of this order.

Paul Merlin
Chief Administrative Law Judge

Distribution: (Certified Mail)

Cathy Barnes, Esq., Office of the Solicitor, U.S. Department of Labor, 1111 Third Avenue, Suite 945, Seattle, WA 98101

A. Don Scarsella, Western Sand & Gravel, P.O. Box 68388, Seattle, Washington 98188

rdj