[DOCID: f:k94-946.wais] . BROKEN HILL MINING COMPANY, INCORPORATED September 5, 1995 KENT 94-946 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 September 5, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 94-946 Petitioner : A. C. No. 15-15637-03557 : v. : Mine No. 1 : BROKEN HILL MINING COMPANY, : INCORPORATED, : Docket No. KENT 94-947 Respondent : A. C. No. 15-14959-03559 : : Mine No. 3 DECISION Appearances: Mary Sue Taylor, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for Petitioner; Hobart W. Anderson, President, Broken Hill Mining Company, Inc., Pikeville, Kentucky, Pro Se, for Respondent. Before: Judge Hodgdon These cases are before me on petitions for assessment of civil penalty filed by the Secretary of Labor, acting through his Mine Safety and Health Administration (MSHA), against Broken Hill Mining Company pursuant to Section 105 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815. The petitions allege several violations of the Secretary's mandatory health and safety standards and seek penalties of $1,747.00. For the reasons set forth below, I approve the settlement agreement of the parties and assess civil penalties of $1,254.00. The cases were heard on May 2, 1995, in Pikeville, Kentucky. At the beginning of the hearing, the parties advised that they had agreed to settle all of the citations in these cases as follows: Violation Citation No. of 30 C.F.R. Proposed Penalty Agreement Docket No. KENT 94-946 4217421 § 75.503 $ 50.00 $ 50.00 4217422 § 75.400 $ 128.00 $ 50.00[1] Docket No. KENT 94-947 4015294 § 75.1103-1 $ 128.00 $ 106.00 4015295 § 75.809 $ 119.00 $ 50.001 4015296 § 75.333(b)(1) $ 50.00 $ 50.00 4015297 § 202(a) $ 119.00 $ 119.00 4015298 § 75.1101-23(c)(1) $ 50.00 $ 50.00 4015300 § 75.1712 $ 50.00 Vacate[2] 4004141 § 75.364(h) $ 50.00 $ 50.00 4004143 § 75.503 $ 119.00 Vacate2 4004144 § 75.503 $ 119.00 $ 119.00 4003846 § 77.205(a) $ 119.00 $ 119.00 4041466 § 77.1103(d) $ 119.00 $ 119.00 4004151 § 77.1605(k) $ 119.00 $ 50.001 4017904 § 75.370(a)(1) $ 136.00 $ 136.00 4017908 § 75.333(g) $ 136.00 $ 136.00 4017909 § 75.400 $ 136.00 $ 50.001 $1,747.00 $1,254.00 Having considered the representations and documentation presented, (Tr. 4-17), I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act, 30 U.S.C. § 820(i). ORDER Accordingly, the motion for approval of settlement is GRANTED, Citation Nos. 4015300 and 4004143 are VACATED AND DISMISSED, Citation Nos. 4217422, 4015295, 4004151 and 4017909 are MODIFIED as indicated and Broken Hill Mining Company is ORDERED TO PAY a penalty of $1,254.00 within 30 days of the date of this order. On receipt of payment, these cases are DISMISSED. T. Todd Hodgdon Administrative Law Judge Distribution: Mary Sue Taylor, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862 (Certified Mail) Hobart W. Anderson, President, Broken Hill Mining Co., Inc., P.O. Box 356, Sidney, KY 41564 (Certified Mail) /lbk **FOOTNOTES** [1]: The Secretary moves to modify the citation to delete the "significant and substantial" designation. [2]: The Secretary moved to vacate this citation.