Ezel / Agency Decisions / WEST 92-587-M

Basin Asphalt Company (ALJ decision, February 19, 1993)

Basin Asphalt Company (FMSHRC WEST 92-587-M): Citation modified and penalty reduced in settlement

Decision type
ALJ decision
Docket
WEST 92-587-M
Decided
February 19, 1993
Presiding judge
Paul Merlin
Outcome
Modified
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1993 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 1993
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 Commission precedent. 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.
Read the official release (fmshrc.gov)

Plain-English summary

Basin Asphalt and the Secretary proposed settling a civil penalty proceeding for a citation issued at the Moses Lake Pit & Plant. The settlement reduced the penalty from $362 to $181 and removed the significant-and-substantial designation from Citation No. 3644310. Judge Paul Merlin approved the settlement but directed the Solicitor to explain similar reductions in future cases, including any reduction in negligence.

Decision snapshot

  • Cited standard(s): The decision does not identify a specific standard section.
  • Outcome: The settlement was approved, the penalty was reduced to $181, and the citation's significant-and-substantial designation was deleted.
  • Key point: The judge required a substantive explanation for removing an S&S finding and reducing negligence in future settlements.

Full text (FMSHRC public release)

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEST 92-587-M
Petitioner
: A. C. No. 45-00603-05511
:
v. :
:
:
BASIN ASPHALT COMPANY,
: Moses Lake Pit & Plant
Respondent
:

DECISION APPROVING SETTLEMENT
ORDER TO PAY

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 $362 to $181 is proposed. The parties advise that the Solicitor has agreed to modify Citation No. 3644310 by deleting the significant and substantial designation. I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act. However, the Solicitor should be aware that in the future she must explain why the significant and substantial finding is being deleted and why negligence is being reduced. A conclusive statement will not suffice.

WHEREFORE, the motion for approval of settlement is GRANTED.

It is ORDERED that the operator pay a penalty of $181 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

Albert De Atley, Basin Asphalt Company, 2000 East Beech Street, Yakima, Washington 98901

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