<DOC>
[DOCID: f:s95-81m.wais]

 
DILLINGHAM CONSTRUCTION
June 2, 1995
Docket No. SE 95-81-M


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 SKYLINE, 10th FLOOR
                       5203 LEESBURG PIKE
                  FALLS CHURCH, VIRGINIA  22041

                          June 2, 1995


SECRETARY OF LABOR,            :  CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH       :
  ADMINISTRATION (MSHA),       :  Docket No. SE 95-81-M
   Petitioner                  :  A. C. No. 30-00612-05503 X7X
           v.                  :
                               :  Docket No. SE 95-113-M
DILLINGHAM CONSTRUCTION        :  A. C. No. 38-00612-05504 X7X
   Respondent                  :
                               : Lyman Quarry Mine


                  DECISION APPROVING SETTLEMENT

Appearances:  Leslie J. Rodriguez, Esq., Office of the Solicitor,
              U. S. Department of Labor, Atlanta, Georgia, for
              the Petitioner;
              Mr. Joe Meyer, Dillingham Construction Company,
              Asheville, North Carolina, for Respondent.

Before:  Judge Weisberger

     These cases are before me upon petitions for assessment of
civil penalty under Section 105(d) of the Federal Mine Safety and
Health Act of 1977 (the Act).  A hearing was scheduled for May 9,
1995, in Greenville, South Carolina.  At the hearing, the Parties
entered into a settlement agreement, and Petitioner moved to
approve the settlement.  A reduction in penalty from $4800 to
$1200 is proposed.  I have considered the representations and
documentation submitted in these cases, and I conclude that the
proffered settlement is appropriate under the criteria set forth
in Section 110(i) of the Act.

     WHEREFORE, the motion for approval of settlement is GRANTED.
It is ORDERED that respondent pay a penalty of $1200 as follows:
$600 is to be paid on May 9, 1995 and $600 is to be paid on
June 9, 1995.


                                        Avram Weisberger
                                        Administrative Law Judge


Distribution:

Leslie J. Rodriguez, Esq., Office of the Solicitor, U. S.
Department of Labor, 1371 Peachtree Street, NE, Room 339,
Atlanta, GA 30367 (Certified Mail)

Mr. Joe Meyer, Dillingham Construction Company, 340 Dillingham
Circle, Asheville, NC 28805 (Certified Mail)

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