FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
721 19th Street, Suite 443
Denver, CO 80202-2500
303-844-3577/FAX 303-844-5268
June 23, 2010
SECRETARY OF LABOR, Petitioner |
CIVIL PENALTY PROCEEDING
|
ORDER CORRECTING DECISION
This case is before me on a petition for assessment of civil penalty filed by the Secretary of Labor, acting through the Mine Safety and Health Administration (“MSHA”), against Spencer Quarries, Inc., (“Spencer”) pursuant to sections 105 and 110 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §§ 815 and 820 (the “Mine Act”). The case involves four citations. Citation Nos. 6328706 and 6328712 were adjudicated at a hearing held on April 13, 2010 and Spencer agreed to pay the Secretary’s proposed penalties for Citation Nos. 6328708 and 6328711. On June 17, 2010, I issued my decision on the two adjudicated citations but I inadvertently did not include in the decision a discussion of the other two citations. Citation No. 6328708 alleges a violation of section 56.11012 of MSHA’s safety standards and the Secretary proposed a penalty of $100.00 for the citation. Citation No. 6328711 alleges a violation of section 56.14100(d) of MSHA’s safety standards and the Secretary proposed a penalty of $100.00 for the citation. I find that these proposed penalties are appropriate under the criteria set forth in Section 110(i) of the Act.
Consequently, Citation Nos. 6328708 and 6328711 are AFFIRMED and my order in
Section III of my June 17, 2010, decision is CORRECTED to show that Spencer Quarries, Inc.,
is ORDERED TO PAY the Secretary of Labor the sum of $1,504.00 within 30 days of the date
of this order.
Richard W. Manning
Administrative Law Judge
Distribution:
Ronald S. Goldade, Conference & Litigation Representative, Mine Safety and Health Administration, P.O. Box 25367, Denver, CO 80225-0367 (E-mail and First Class Mail)
Jeffrey A. Sar, Esq., Baron, Sar, Godwin, Gill & Lohr, PO Box 717, Sioux City, IA 51102 (E-Mail and First Class Mail)
RWM