FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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Washington, DC 20004-1710

Telephone No.:  202-434-9958

Fax.: 202-434-9949

 

      February 26, 2013

SECRETARY OF LABOR,    MINE SAFETY AND HEALTH     ADMINISTRATION (MSHA),   Petitioner  v. CONRAD YELVINGTON  DISTRIBUTORS, INC.,  Respondent

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CIVIL PENALTY PROCEEDING Docket No. SE 2012-450 A.C. No. 01-03380-286740  Mine: Calera

DECISION

 

Appearances:   Thomas Grooms, U.S. Department of Labor, Nashville, Tennessee, on behalf of the Petitioner                    

June Childress, APAC-MidSouth, on behalf of Respondent

                       

Before:             Judge David F. 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 Conrad Yelvington Distributors, Incorporated, pursuant to section 105(d) and 100 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §§ 815(d), 820.[1] The Secretary alleges that Conrad Yelvington Distributors is liable for two violations of the Secretary’s mandatory safety standards for surface coal mines and surface work areas of underground coal mines, and proposes the imposition of civil penalties in the amount of $200.00.  A hearing was held in Birmingham, Alabama and the parties informed me, the night before the hearing, 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. 11.  Conrad Yelvington Distributors shall pay penalties in the total amount of $200.00 for the violations.   

 

STIPULATIONS

           

The parties stipulated to the following:

 

1.      The penalties are appropriate for the large size of Respondent’s business. Tr. 10.

 

2.      Respondent’s history of previous violations did not affect the proposed penalties in a significant way. Tr. 10.

 

3.      The Respondent demonstrated good faith in its attempt to achieve compliance after being notified of the violation. Tr. 10-11.

 

4.      The penalty will not have an effect on Respondent’s ability to continue business. Tr. 11.

 

SETTLEMENT TERMS

The terms of the settlement are as follows:

Citation No. 8523417

1.      The Secretary agreed to reduce the level of negligence from “moderate” to “low.” Tr. 9.

2.      The Respondent agreed to pay the assessed penalty of $100.00. Tr. 9.

Citation No. 8523418

1.      The Secretary agreed to reduce the level of negligence from “moderate” to “low.” Tr. 9.

2.      The Respondent agreed to pay the assessed penalty of $100.00. Tr. 9.

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. 11.  WHEREFORE, the motion for approval of settlement IS GRANTED.

ORDER

It IS ORDERED that Citation Nos. 8523417 and 8523418 be MODIFIED to “low” negligence.

It IS ORDERED that Conrad Yelvington Distributors, Incorporated pay a civil penalty in the amount of $200.00 within 30 days of the date of this decision.[2]  Upon timely receipt of the payment, this case IS DISMISSED.

                                                                        /s/ David F. Barbour       

David F. Barbour

                                                                        Administrative Law Judge

Distribution (Certified Mail):

 

Thomas Grooms, Esq., U.S. Department of Labor, Office of the Solicitor, 618 Church St., Suite 230, Nashville, TN 37219

 

June Childress, APAC-MidSouth, 500 Riverhills Park, Suite 590, Birmingham, AL 35242