FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

1331 PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON, DC 20004-1710

TELEPHONE: 202-434-9958 / FAX: 202-434-9949

 

SECRETARY OF LABOR

  MINE SAFETY AND HEALTH   

  ADMINISTRATION (MSHA),

                           Petitioner

 

                        v.

 

MIZE GRANITE QUARRIES, INC.,

                           Respondent

 

 

CIVIL PENALTY PROCEEDINGS:

 

Docket No. SE 2014-407-M

A.C. No. 09-01036-353316

 

Docket No. SE 2014-408-M

A.C. No. 09-01036-353316

 

Mine: Mize Granite Quarries

           

 

DECISION

 

Appearances:               Charna Hollingsworth-Malone, Esq., Office of the Solicitor, U.S. Department of Labor, Atlanta, GA, for Petitioner

 

Robert W. Mize, III, President, Mize Granite Quarries, Inc., Elberton,

GA, for Respondent

 

 

Before:                        Judge David Barbour

 

 

In Docket No. SE 2014-407-M, arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. (2012) the Secretary of Labor (Secretary), on behalf of his Mine Safety and Health Administration (MSHA) alleges that Mize Granite Quarries, Inc., (Mize Granite or the company) violated mandatory safety standard 30 C.F.R. 56.15005, at a granite quarry owned and operated by the company.[1] The standard requires in pertinent part that [“s]afety belts and lines shall be worn when persons work where there is danger of falling.” 30 C.F.R. § 56.15005. The Secretary asserts that on January 14, 2014, MSHA Inspector John Mayer observed that a miner working on a ledge in the quarry was not wearing fall protection while drilling within 6 feet of the ledge’s edge. Gov’t Exh. 1. The ledge slopes downward towards the edge and the edge is more than 20 feet from the floor of the quarry. Id. The inspector cited Mize Granite for the alleged violation. He found that the violation was highly likely to cause a fatality, that the violation was a significant and substantial contribution to a mine safety hazard and that Mize Granite was highly negligent in allowing the condition to exist. The Secretary petitioned for the assessment of a civil penalty of $45,000 for the alleged violation.

 

After the petition was filed, the company answered, conceding the violation, but asserting that the penalty would adversely impact its ability to continue in business. The Commission’s chief judge assigned the case to the undersigned who directed the parties to engage in discussions to determine whether they could resolve their differences. When the parties reported they remained at loggerheads, the undersigned scheduled the matter for hearing.

 

The parties agreed to go forward on May 5 - 6, 2015, in Athens, Georgia. The hearing convened as scheduled on the morning of May 5. At the conclusion of the hearing, the undersigned again urged the parties to engage in settlement discussions. Tr. 77. After conferring, the parties reached a settlement.[2] Id. Counsel for the Secretary explained the settlement as follows:

 

 

Citation No.      Date     30 C.F.R.    Proposed Penalty    Settlement Amount

      8811725       1/14/14   56.15005     $45,000                          $27,250

 

 

Counsel stated that there are no changes to the citation. Tr. 78. She also stated that the parties agree a total penalty of $27,250 is warranted and that they request it be paid with an initial payment of $2,250, the remainder to be paid over a three-year period at monthly intervals. Id.

 

 

ORDER

 

 

The settlement IS APPROVED. Mize Granite IS ORDERED to pay a total penalty of $27,250.00 for the violation in question. On August 3, 2015, Mize Granite shall make an initial payment of $2,250. On the first business day of the next 34 months, Mize Granite shall pay $714.30, and on the first business day of July, 2018, Mize Granite shall pay $713.80. Should Mize Granite fail to make a scheduled payment the entire balance due will be payable.[3] Upon payment of the full penalty of $27,250.00 this proceeding IS DISMISSED.

 

 

 

/s/ David F. Barbour

David F. Barbour

Administrative Law Judge

 

Distribution (Certified Mail):

 

Charna Hollingsworth-Malone, Esq., Office of the Solicitor, U.S. Department of Labor, 61 Forsyth Street, S.W., Room 7T10, Atlanta, GA 30303

 

Robert W. Mize, III, President, Mize Granite Quarries, Inc., P.O. Box 299, Elberton, GA 30636

 

/db

 


[1] The quarry is located in Elberton, Georgia.

[2] The parties had already submitted a written settlement for Docket No. SE 2014-408-M, which the court approved on June 9, 2015. In the decision approving the settlement, the court effectively dismissed Docket No. SE 2014-408-M.

 

[3] Payment shall be sent to: Mine Safety and Health Administration, U.S. Department of

Labor, Payment Office, P.O. Box 790390, St. Louis, Missouri 63197-0390.