Ezel / Agency Decisions / 91-1-alj-46
FMSHRC ALJ decision Docket 91-1 Decided September 30, 1991 Procedural Judge James A. Broderick Transcribed from scan

Contests of Respirable Dust Sample Alteration Citations

Contests of Respirable Dust Sample Alteration Citations (FMSHRC 91-1): Discovery deadlines extended for mine operators

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This order from 1991 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1991
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not binding on the Commission in other cases. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

This master-docket order extended discovery deadlines for mine operators involved in cases alleging alteration of respirable dust samples. Judge James A. Broderick gave operators who joined the case between June 28 and September 17, 1991, 40 days from September 17 to respond to discovery, inspect the document repository, examine and test filter media, and serve discovery requests. The order gave later-joining operators 40 days from the date they became parties and kept the other deadlines in the discovery plan unchanged. It addressed case management only and did not decide the underlying citation contests or impose penalties.

Decision snapshot

  • Cited standard(s): None identified in this order.
  • Outcome: Discovery time limits were extended for specified groups of mine operators.
  • Key point: The order set uniform 40-day periods for discovery tasks based on when an operator joined the master-docket proceedings.

Full text (FMSHRC public release)

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           Federal Mine Safety and Health Review Commission
                  Office of Administrative Law Judges
                         2 Skyline, 10th Floor
                          5203 Leesburg Pike
                     Falls Church, Virginia 22041

IN RE: CONTESTS OF RESPIRABLE DUST MASTER DOCKET NO. 91-1
SAMPLE ALTERATION
CITATIONS

                         ORDER EXTENDING TIME

 On September 17, 1991, I issued an order extending the time

for mine operators to respond to the Secretary's written
discovery requests, to utilize the document depository, to
examine and test filter media, and to serve written discovery
requests on the Secretary.

 On Motion of Lambert Coal Company, Inc., and Koch Carbon,

Inc., who were served with the Petition instituting the penalty
proceeding against them on August 19, 1991, and who seek a
further extension of time, and on Motion of Mid-Continent
Resources and National King Coal, Inc., to amend the Plan and
Schedule of Discovery, IT IS ORDERED:

 1. Operators who were parties in these proceedings prior to

June 28, 1991, are governed by the time limitations in the Plan
and Schedule of Discovery issued June 28, 1991, as amended
September 10, 1991, and as further extended by the Order
Extending Time issued September 17, 1991.

 2. Operators who became parties in this case between June

28, 1991 and September 17, 1991, shall serve responses to the
Secretary's written discovery requests within 40 days of
September 17, 1991.

 3. Operators described in numbered paragraph 2 above shall

have the same 40 day period to utilize the document depository
and to serve written discovery requests on the Secretary. The
Secretary shall respond to such written discovery requests within
30 days of service.

 4. Operators described in numbered paragraph 2 above shall

be permitted to examine and test their filter media in accordance
with the Plan and Schedule of Discovery within the same 40 day
period. Western operators may request transfer of their dust
filters to the Denver Health Technology Center within the same 40
day period, for testing in accordance with the Plan and Schedule
of Discovery. If the filters are transferred to Denver the
testing shall be completed on or before November 30, 1991. All
operators described in paragraph 2 above shall identify their
employees involved in dust sampling in accordance with paragraph

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II.D.6 of the Plan and Schedule of Discovery within 40 days of
September 17, 1991.

 5. Operators who become parties in this case after September

17, 1991, shall serve responses to the Secretary's written
discovery requests, shall utilize the document depository, shall
serve written discovery requests on the Secretary, shall be
permitted to examine and test their filter media and shall
identify their employees involved in dust sampling within 40 days
of the date they become parties in this case.

  6. All other dates and time limits in the Plan and Schedule

of Discovery as amended September 10, 1991, shall remain the
same.
James A. Broderick
Administrative Law Judge

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