Secretary of Labor v. Morton Salt, Inc.

Plain-English summary

An administrative law judge removed the significant and substantial designations from two MSHA citations issued to Morton Salt. The Commission granted the Secretary of Labor's petition to review that ruling and later heard oral argument. The Secretary then asked to withdraw the petition, and Morton Salt did not object. The Commission granted the request and dismissed the review proceeding, leaving the judge's treatment of the two designations undisturbed.

Decision snapshot

• Cited authority: 30 U.S.C. § 814(d)(1); 29 C.F.R. §§ 2700.10, 2700.11, and 2700.75(a)
• Outcome: The Commission allowed the Secretary to withdraw the review petition and dismissed the proceeding.
• Key point: An unopposed withdrawal ended Commission review after briefing and oral argument.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW,
SUITE 520N

WASHINGTON, D.C. 20004‑1710

SECRETARY OF
LABOR,                             :

MINE
SAFETY AND HEALTH                   :

ADMINISTRATION
(MSHA)                      :         Docket No. CENT 2022-0176

:

v.                                              
:

:

MORTON
SALT, INC.                                   :

BEFORE: Jordan,
Chair; Baker and Marvit, Commissioners

ORDER

BY THE COMMISSION:

This civil penalty
proceeding arises under the Federal Mine Safety and Health Act of 1977, 30
U.S.C. § 801 et seq. (2024) (“Mine Act”). The proceeding concerns a decision of
a Commission Administrative Law Judge to vacate the “significant and
substantial” (“S&S”) [1]
designations associated with two citations issued by the Secretary of Labor’s
Mine Safety and Health Administration (“MSHA”) to Morton Salt, Inc. 45 FMSHRC
530 (June 2023) (ALJ).

The Secretary
filed a petition for discretionary review of the Judge’s decision with the
Commission, which we granted. Thereafter, the parties filed briefs with the
Commission in accordance with Commission Procedural Rule 75(a), 29 C.F.R. §
2700.75(a). On January 28, 2025, the Commission held oral argument and a
subsequent open meeting on the captioned matter.

The Secretary has
now filed a notice of withdrawal, which we construe as a motion in accordance
with Commission Procedural Rules 10 and 11, 29 C.F.R. §§ 2700.10 and 2700.11, seeking to withdraw
her petition for discretionary review. The Secretary represents that Morton
does not oppose.

Having considered
the Secretary’s filing, we grant the Secretary leave to withdraw the petition. See Speed Mining,
Inc. ,
27 FMSHRC 286 (Mar. 2005) (granting the operator’s unopposed motion to withdraw
its petition for discretionary review). The proceeding is now dismissed. 

/s/ Mary Lu Jordan

Mary
Lu Jordan, Chair

/s/ Timothy J.
Baker

Timothy J. Baker, Commissioner

/s/ Moshe Z.
Marvit

Moshe Z. Marvit, Commissioner

Distribution:

Donna
Vetrano Pryor, Esq.

Husch
Blackwell LLP

1801
Wewatta Street, Suite 1000

Denver,
CO 80202

[email protected]

Thomas A. Paige, Esq.

Deputy Associate Solicitor

US Department of Labor

Office of the Solicitor

Division of Mine Safety and Health

200 Constitution Avenue NW, Suite N4428

Washington, DC 20210

[email protected]

Alexandra
J. Gilewicz, Esq.

U.S.
Department of Labor

Office
of the Solicitor

Division
of Mine Safety & Health

200
Constitution Avenue NW, Suite N4420 – N4430

Washington,
DC 20210

[email protected]

Melanie
Garris

US
Department of Labor/MSHA

Office
of Assessments, Room N3454

200
Constitution Ave NW

Washington,
DC 20210

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Office
of the Chief Administrative Law Judge

Federal
Mine Safety Health Review Commission

1331
Pennsylvania Avenue, NW Suite 520N

Washington,
DC 20004-1710

[email protected]

Administrative
Law Judge David P. Simonton

Office
of the Chief Administrative Law Judge

Federal Mine
Safety Health Review Commission

721 19 th
Street, Suite 443

Denver CO 80202

[email protected]

[1] The S&S
terminology is taken from section 104(d)(1) of the Mine Act, which
distinguishes as more serious any violation that “could significantly and
substantially contribute to the cause and effect of a . . . mine safety or
health hazard.” 30 U.S.C. § 814(d)(1).