O'Neal Machine & Repair, Inc. (ALJ decision, December 11, 1989)

Plain-English summary

O'Neal Machine & Repair, Inc. was the respondent in a civil penalty proceeding involving Lobby No. 4 Mine. The parties proposed a settlement that reduced the penalty from $5,300 to $2,600. Judge Gary Melick found the settlement appropriate under the Mine Act's penalty criteria and ordered the company to pay $2,600 within 30 days.

Decision snapshot

• Cited provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved and the penalty was reduced from $5,300 to $2,600.
• Key point: The Judge approved the negotiated penalty reduction after considering the parties' representations and documentation.

Full text (FMSHRC public release)

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
Docket No. WEVA 89-150
ADMINISTRATION (MSHA),
A.C. No. 46-05976-03501 BCD
PETITIONER
Lobby No. 4 Mine
v.

O'NEAL MACHINE & REPAIR, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $5,300 to $2,600 is proposed. I have considered the representations and documentation submitted in this case, and I conclude 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 Respondent pay a penalty of $2,600 within 30 days of this order.

Gary Melick
Administrative Law Judge