Navajo Concrete Incorporated (ALJ decision, November 21, 1994)

Plain-English summary

Navajo Concrete faced ten civil-penalty citations originally assessed at $1,571. The parties proposed a settlement requiring payment of $1,256, supported by information about the statutory penalty criteria. Judge John J. Morris found the settlement reasonable and in the public interest, approved it, and affirmed the citations and amended penalties. The amount was payable in eight equal monthly installments of $157.

Decision snapshot

• Governing provisions: 30 U.S.C. § 801; 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, the citations and amended penalties were affirmed, and $1,256 was ordered payable in eight installments.
• Key point: The ALJ approved a reduced penalty settlement after reviewing information about the statutory assessment criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
303-844-3812/FAX 303-844-5268

November 21, 1994

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 92-771-M
Petitioner : A.C. 04-04240-05518-R
:
v. :
: Navajo Concrete Inc.
NAVAJO CONCRETE INCORPORATED, :
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Morris

This case is before me upon a petition for assessment of civil penalties under Section 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq. (the "Act").

The parties filed a motion seeking to settle the ten cita- tions, originally assessed for $1,571.00 for the sum of $1,256.00.

In support of the motion, the parties 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 settlement and the proposed payments and I find they are reasonable and in the public interest. The settlement should be approved.

Accordingly, I enter the following:

ORDER

1. The settlement is APPROVED.

2. The citations and the amended penalties are AFFIRMED.

3. Respondent is ORDERED TO PAY to the Secretary of Labor the total sum of $1,256.00. Said amount shall be payable in eight

equal installments of $157.00 each. The first installment shall be payable on or before January 1, 1995, and subsequent installments shall be paid on or before the first day of each month thereafter.

John J. Morris
Administrative Law Judge

Distribution:

J. Mark Ogden, Esq., Office of the Solicitor, U.S. Department of Labor, Federal Building, Suite 3247, 300 North Los Angeles Street, Los Angeles, CA 90012 FAX 213-894-2064

Mr. Albert A. Lewis, President, NAVAJO CONCRETE, INC., P.O. Box 117, Templeton, CA 93465 FAX 805-238-0140

/ek