Construction Materials Corp. (ALJ decision, August 4, 1995)

Plain-English summary

Construction Materials Corp. and the Secretary proposed a settlement in a civil-penalty case. Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria. He approved the settlement, reduced the proposed penalty from $645 to $516, and ordered payment within 30 days. The official index shows that the Commission reviewed the matter.

Decision snapshot

• Cited standard(s): 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved and the penalty was reduced from $645 to $516.
• Key point: The judge approved a negotiated penalty reduction after reviewing the settlement materials and statutory penalty criteria.

Full text (FMSHRC public release)

[DOCID: f:y94-73m.wais]

CONSTRUCTION MATERIALS CORP.
August 4, 1995
YORK 94-73-M

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

August 4, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. YORK 94-73-M Petitioner : A.C. No. 37-00181-05505
v. :
: Construction Materials
CONSTRUCTION MATERIALS CORP., :
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

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 settlement agreement and to dismiss the case. A reduction in penalty from $645 to $516 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 $516 within 30 days of this order.

Avram Weisberger
Administrative Law Judge
Distribution:

Gail E. Glick, Esq., Office of the Solicitor, U.S. Department of Labor, One Congress Street, 11th Floor, P.O. Box 8396, Boston, MA 02114

John W. Douglas, III, Vice President, Construction Materials Corporation, 810 Fish Road, Tiverton, RI 02878