DCL Construction, Inc. (ALJ decision, April 14, 1996)

Plain-English summary

DCL Construction faced one section 104(d)(1) citation and seven section 104(d)(1) orders. The parties asked the judge to approve a settlement reducing the proposed penalty from $6,700 to $4,690. The motion stated that the original penalty had been specially assessed and that DCL had no violations during the prior 24 months. Judge Richard W. Manning found the settlement appropriate under the Mine Act's penalty criteria and ordered DCL to pay $4,690 within 90 days.

Decision snapshot

• Cited provision(s): 30 C.F.R. § 100.5; 30 U.S.C. § 820(i)
• Outcome: Settlement approved and amended penalty of $4,690 ordered paid within 90 days.
• Key point: The judge approved a documented settlement that reduced the proposed penalty by $2,010.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
303-844-3577/FAX 303-844-5268
April 14, 1996

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 95-248-M Petitioner : A.C. No. 04-05257-05502 :
v. :
: Portable Crusher
DCL CONSTRUCTION, INC., :
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Manning

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, 30 U.S.C. ' 801 et seq. (the "Act"). Peti- tioner filed a motion to approve settlement and order payment of an amended penalty. A reduction in penalty from $6,700.00 to $4,690.00 for one section 104(d)(1) citation and seven section 104(d)(1) orders is proposed. The motion states that the orig- inal proposed penalty was specially assessed under 30 C.F.R. ' 100.5 and that Respondent has a history of no violations during the previous 24 months.

I have considered the representations and documentation sub- mitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

Accordingly, the motion for approval of settlement is GRANTED, and Respondent is ORDERED TO PAY the Secretary of Labor the sum of $4,690.00 within 90 days of the date of this decision.

Richard W. Manning
Administrative Law Judge

Distribution:

J. Mark Ogden, Esq., Office of the Solicitor, U.S. Department of Labor, 300 N. Los Angeles St., #3247, Los Angeles, CA 90012-3381

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DCL CONSTRUCTION, INC., P.O. Box 1762, Salton City, CA 92275

RWM