Secretary of Labor (MSHA) v. Phillips Uranium Corporation and American Mining Service (ALJ decision, June 14, 1982)

Plain-English summary

The Commission had vacated citations and penalty petitions in three Phillips Uranium dockets and sent CENT 79-281-M back to the judge. During review, contractor American Mining Service agreed to replace Phillips as the respondent in that remaining case and paid the proposed $48 penalty. Judge John A. Carlson substituted the contractor, dismissed Phillips from the proceeding, and assessed the paid $48 penalty against American Mining Service. No further hearing was needed because the parties did not object to the summary decision.

Decision snapshot

• Cited standards: No specific mine safety standard is identified in this remand decision.
• Outcome: American Mining Service substituted for Phillips; the $48 penalty was affirmed against the contractor and Phillips was dismissed.
• Key point: The remand implemented the Commission's substitution instruction after the contractor accepted responsibility and paid the proposed penalty.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PHILLIPS URANIUM
DDATE:
19820614
TTEXT:
~1136

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
DOCKET NO. CENT 79-282-M
PETITIONER
DOCKET NO. CENT 80-6-M
v. DOCKET NO. CENT 80-124-M

PHILLIPS URANIUM CORPORATION,
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
DOCKET NO. CENT 79-281-M
PETITIONER v.

PHILLIPS URANIUM CORPORATION,
RESPONDENT
AND

AMERICAN MINING SERVICE, AS SUBSTITUTE
RESPONDENT

DECISION ON REMAND

On April 27, 1982, the Commission issued its final decision vacating all citations and orders and dismissing the petitions for assessment of penalties in each of the above cases except for Docket No. CENT 79-281-M.

That case was remanded to this judge because while the matter was pending upon review, American Mining Service (AMS), an independent contractor, executed a substitution agreement with Phillips Uranium Corporation, (Phillips) the owner-operator. In that agreement, now a part of the record, AMS formally agreed to substitute itself as respondent in this civil penalty proceeding in the place and stead of Phillips. It further paid the full $48 penalty proposed in that docket number. (The record discloses that a check including that amount was paid to Phillips, which in turn endorsed it to MSHA).

As the original parties and AMS are amenable to the substitution, the Commission remanded CENT 79-281-M with a mandate to dismiss as to Phillips and to substitute AMS. In view of the state of the record, no further proceedings are required. (FOOTNOTE 1) ~1137
Accordingly, AMS is substituted as respondent in the place and stead of the original respondent, Phillips; this proceeding is in all respects dismissed as to Phillips; and the $48 proposed civil penalty previously paid by AMS is affirmed and assessed against AMS.

SO ORDERED.

John A. Carlson
Administrative Law Judge
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
~FOOTNOTE_ONE
All parties were notified of my intent to issue this summary decision and were offered an opportunity to object. None did.