Molalla Redi-Mix and Rock Products, Inc. (ALJ decision, March 20, 2000)

Plain-English summary

Molalla Redi-Mix and Rock Products, Inc. faced four civil penalty proceedings involving citations at its operations. The parties settled all issues at the hearing. Judge Richard W. Manning approved the settlement, vacated Citation No. 4375520, and ordered the company to pay $17,000 in eight payments over two years. The settlement covered citations involving mobile equipment, machinery, electrical equipment, and other mine safety requirements.

Decision snapshot

• Cited standards: 30 C.F.R. § 56.14101(a); 30 C.F.R. § 56.14107(a); 30 C.F.R. § 56.4203; 30 C.F.R. § 56.14131(a); 30 C.F.R. § 56.14130(a); 30 C.F.R. § 56.18002(a); 30 C.F.R. § 56.12028; 30 C.F.R. § 56.12001
• Outcome: Settlement approved for $17,000, with Citation No. 4375520 vacated.
• Key point: The judge approved a structured settlement after finding it appropriate under the Mine Act penalty criteria and accepting payment over eight installments.

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

March 20, 2000

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEST 99-152-M
Petitioner : A.C. No. 35-00023-05520
:
: Docket No. WEST 99-269-M
v. : A.C. No. 35-00023-05522
:
: Docket No. WEST 99-345-M
MOLALLA REDI-MIX AND : A.C. No. 35-00023-05523
ROCK PRODUCTS, INC.,
:
Respondent : Docket No. WEST 99-390-M
: A.C. No. 35-00023-05524
:
: Molalla Redi-Mix

DECISION

Appearances: Matthew L. Vadnal, Esq., Office of the Solicitor, U.S. Department of Labor, Seattle, Washington, and Paul A. Belanger, Conference and Litigation Representative, Mine Safety and Health Administration, Vacaville, California, for Petitioner;
Douglas Jorgensen, President, MRM, Inc., Molalla, Oregon, for Respondent.

Before: Judge Manning

These cases are before me on petitions for assessment of civil penalty filed by the Secretary of Labor, acting through the Mine Safety and Health Administration (“MSHA”), against Molalla Redi-Mix and Rock Products, Inc., (“Molalla”), pursuant to sections 105 and 110 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §§ 815 and 820 (the “Mine Act”). A hearing was held in Portland, Oregon, on February 23, 2000. The stay previously entered in WEST 99-152-M, WEST 99-269-M, and WEST 99-345-M was lifted at that time.

412

Page 2

At the start of the hearing, counsel for the Secretary request time for the parties to meet privately because it appeared that they were close to settling all issues. At 9:35 a.m. the hearing reconvened at which time the parties announced that they had indeed settled all issues.

The settlement was read into the record and was confirmed in a joint motion to approve settlement. The terms of the settlement are as follows:

   Citation/Order No.                     30 C.F.R. §            Penalty

WEST 99-152-M

     4375514                              56.14101(a)          $2,275.00

WEST 99-269-M

     7973084                              56.14107(a)             595.00

WEST 99-345-M

     4375503                              56.4203               1,365.00
     4375512                              56.14131(a)           1,365.00
     4375517                              56.14130(a)           3,640.00
     4375520                              56.18002(a)           VACATE

7973082
56.12028 &
104(b) of Act 6,335.00

WEST 99-390-M

     7973085                              56.14107(a)             360.00
     7973087                              56.14132(a)             595.00
     4375233                              56.12001                235.00
     4375234                              56.12001                235.00

TOTAL
$17,000.00

413

Page 3

I have considered the representations and documentation submitted at the hearing and in the joint motion. I conclude that the proposed settlement is appropriate under the criteria set forth in section 110(i) of the Act. The parties agree that Molalla may pay the total penalty in eight payments over a period of two years and that in doing so the penalty will not impair its ability to continue in business.

Accordingly, the motion to approve settlement is GRANTED; Citation No. 4375520 is VACATED; and Molalla Redi-Mix and Rock Products, Inc., is ORDERED TO PAY the Secretary of Labor the sum of $17,000 as follows: $2,125 shall be paid on or before July 1, 2000, and seven additional payments of $2,125 each shall be paid on or before the first day of each successive calendar quarter starting on October 1, 2000, until the entire $17,000 is paid.

Richard W. Manning
Administrative Law Judge

Distribution:

Matthew L. Vadnal, Esq., Office of the Solicitor, U.S. Department of Labor, 1111 Third Avenue, Suite 945, Seattle, WA 98101-3212 (Certified Mail)

Douglas Jorgensen, President, MRM, Inc., P.O. Box 555, Molalla, OR 97038 (Certified Mail)

Paul A. Belanger, Conference & Litigation Representative, Mine Safety & Health Administration, 2060 Peabody Road, Suite 610, Vacaville, CA 95687 (First Class Mail)

RWM

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