FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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January 15, 2012

SECRETARY OF LABOR,    MINE SAFETY AND HEALTH  ADMINISTRATION (MSHA),   Petitioner v. RONALD SAND & GRAVEL Respondent

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CIVIL PENALTY PROCEEDING: Docket No. WEST 2010-1761-M A.C. No.45-03628-227511 Mine: Ronald Sand & Gravel

DECISION

Appearances:	Donald Horn , U.S. Department of Labor, Vacaville , California ; Patricia Drummond, Esq., U.S. Department of Labor, Seattle , Washington , on behalf of the Petitioner Louie Gibson, President of Ronald Sand & Gravel, Ellensburg , Washington , on behalf of the Respondent
Before:	Judge Barbour

This case is before me on a petition for assessment of civil penalty filed by the Secretary of Labor on behalf of her Mine Safety and Health Administration (MSHA) against Ronald Sand & Gravel pursuant to section 105(d) and 100 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §§ 815(d), 820. The Secretary alleges that Ronald Sand & Gravel is liable for four violations of the Secretary’s mandatory safety standards for surface metal and nonmetal mines, and proposes the imposition of civil penalties in the amount of $5,204.00. A hearing was held in Ellensburg , Washington , and before going on the record, the parties asked for one last chance to resolve the case. After conferring, the parties informed me that a settlement agreement had been reached. The terms of the settlement were read into the record and are stated below. The settlement motion was granted on the record. Tr. 7. Ronald Sand & Gravel shall pay penalties in the total amount of $2,100.00 for the violations.

SETTLEMENT TERMS

The terms of the settlement are as follows:

Citation No. 856148

1. The Secretary agreed to reduce the level of negligence from “high” to “low.” Tr. 5.

2. The Secretary agreed to reduce the penalty from $1,795.00 to $250.00. Tr. 6.

Citation No. 8565149

1. The Secretary agreed to reduce the level of negligence from “high” to “low.” Tr. 5.

2. The Secretary agreed to reduce the penalty from $1,795.00 to $250.00. Tr. 6.

Citation No. 8565151

1. The Secretary agreed to reduce the penalty from $807.00 to $800.00. Tr. 6.

Citation No. 8565152

1. The Secretary agreed to reduce the penalty from $807.00 to $800.00. Tr. 6.

As stated at the hearing, I have considered the representations and documentation submitted in this matter, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act. Tr. 7. WHEREFORE, the motion for approval of settlement IS GRANTED.

ORDER

It IS ORDERED that Citation Nos. 8565148 and 8565149 be MODIFIED to “low” negligence.

It IS ORDERED that Ronald Sand & Gravel shall pay a total penalty of $2,100.00 in 12 consecutive monthly installments of $175.00 each, with the first payment due within 30 days of the date of this decision and each subsequent payment due on the first of each month thereafter. Should Respondent fail to timely make a payment, the balance of the total penalty will become due immediately. Upon timely receipt of the final payment, this case IS DISMISSED.

/s/ David F. Barbour

David F. Barbour

Administrative Law Judge

Distribution (Certified Mail):

Donald Horn, CLR, U.S. Department of Labor, Mine Safety & Health Administration, 991 Nut Tree Road, 2^nd Floor, Vacaville, California 95687

Patricia Drummond, Esq., U.S. Department of Labor, Office of the Solicitor, 300 Fifth Avenue, Suite 1120, Seattle, Washington 98104

Louie Gibson, Gibson & Son Road Builders, 1221 Thorp Hwy. South, Ellensburg, Washington 98926