Federal Mine Safety and Health Review Commission Judge Vlichael Zielinski rejected VtSHA's S&S charges in connection with three violations of guarding and hardhat rules, and lowered MSHA's proposed penalty of dollar 11,9h to dollar 635 for the three violations at an operation in Texas. The case arose from a July 2004 inspection of Weirich Brothers Inc.'s Davis Pit in Junction, Texas. The inspector issued a citation for an alleged S&S violation of dollar 56.15002 after he observed that the supervisor was not wearing a hard-hat while washing material near the roll screen. The ALJ agreed with the inspector that there was a possibility that the supervisor could be struck on the head by one of the rocks, but the S&S designation was rejected because the rocks were "relatively small" and the supervisor was working 7 to 10 ft. away. The ALJ reduced MSHA's proposed dollar 247 penalty to dollar 60.
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