<DOC>
[DOCID: f:va9621.wais]

 
EASTERN RIDGE LIME COMPANY
July 15, 1998
VA 96-21-M


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                          July 15, 1998

SECRETARY OF LABOR,             : CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        : Docket No. VA 96-21-M
                Petitioner      : A. C. No. 44-00040-05559
          v.                    :
                                : Eastern Ridge Lime Company, L P
EASTERN RIDGE LIME COMPANY,L P, :
                Respondent      :

                       DECISION ON REMAND

Before:  Judge Weisberger

     This matter is before me based on a remand order issued by
the Commission on July 2, 1998, for further consideration
consistent with the decision in the case issued by the United
States Court of Appeals for the Fourth Circuit (Eastern Ridge
Lime, L P v. FMSHRC No. 97- 1579 (4th Cir. April 13, 1998).  In
its decision, the Courts of Appeals remanded "for further fact
finding and analysis of the penalties to be assessed" (slip op.
at 7).

     In order to clarify my previous decision, (19 FMSHRC 398
(February 1997)), and upon reconsideration , I find that, in
assessing a penalty, and evaluating the level of gravity of the
cited violations, it is not necessary to make a specific finding
of causation.  The high level of gravity is based on the fact
that the violation contributed to a fatal roof fall.  Further, in
evaluating a penalty, I place most weight on my finding that, for
the reasons discussed in the original decision, the level of
Respondent's negligence constituted aggravated conduct.
Specifically, the record establishes that Respondent repeatedly
ignored the warnings of its workers regarding observed unsafe
conditions.  Accordingly, I reiterate my initial findings
regarding the penalty to be assessed.

     It is ORDERED the Respondent shall pay a total civil penalty
of $85,000 for the violations cited in Order No. 4289773 and
Citation No. 4389772.


                             Avram Weisberger
                             Administrative Law Judge


Distribution:

Yoora Kim, Esq., Office of the Solicitor, U. S. Department
of Labor, 4015 Wilson Boulevard, Suite 420, Arlington, VA
22203  (Certified Mail)

Thomas B. Weaver, Esq., John F. Cowling, Esq., Armstrong,
Teasdale, Schlafy & Davis, One Metropolitan Square, Suite
2600, St. Louis, MO 63102-2740

/dcp