Secretary of Labor v. S.M. Lorusso & Sons, Inc. (ALJ decision, November 29, 1984)

Plain-English summary

MSHA cited S.M. Lorusso & Sons for an unguarded tail pulley and a worker's failure to wear protective footwear at its crushed stone operation. The parties proposed settling the two $98 assessments for a total of $150. Chief Administrative Law Judge Paul Merlin approved $98 for the guarding citation and $52 for the footwear citation after accepting the Secretary's explanation that the operator's negligence on the latter was lower than first thought. He reminded the operator that it remained responsible for enforcing its safety policies. The company had to pay $150 within 30 days.

Decision snapshot

• Cited standard(s): No regulation number is identified in this decision; the citations concern pulley guarding and protective footwear.
• Outcome: Settlement approved at $150, reduced from $196 in original assessments.
• Key point: The judge reduced the footwear penalty after accepting the revised negligence assessment but emphasized the operator's duty to implement safety policies.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. S.M. SONS
DDATE:
19841129
TTEXT:

~2691

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. YORK 84-5-M
PETITIONER
A.C. No. 19-00076-05502
v.
West Roxbury Crushed Stone
S.M. LORUSSO & SONS, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Merlin

The Solicitor has filed a motion to approve settlements for the two violations involved in this matter. The originally assessed amounts totalled $196 and the proposed settlements are for $150.

One citation was issued for failure to guard a tail pulley.
The Solicitor proposed a settlement for the original amount of
$98. I find this settlement satisfies the statutory criteria.

The second citation was issued for failure to wear protective footwear. The Solicitor has explained why the operator's negligence was less than originally thought. The original assessment was for $98 and the proposed settlement is for $52. I accept the Solicitor's explanation and approve the settlement, but the operator should realize it has the responsibility to implement its safety policies, including where appropriate, disciplining employees who defy them.

The operator is ordered to pay $150 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge