Secretary of Labor v. Phillips Uranium Corporation (Commission decision, August 4, 1980)

Plain-English summary

A judge held Phillips Uranium Corporation responsible for safety violations committed by independent contractors and assessed a penalty. The Commission granted Phillips Uranium's petition for review but deferred the liability questions. It sent the case back so the Secretary of Labor could decide whether to pursue Phillips Uranium, the contractors, or both. The order sets out different steps for the judge and Commission depending on that choice. It does not state the penalty amount or resolve the citations.

Decision snapshot

• Cited standard(s): The release does not identify the specific safety standards.
• Outcome: The case was remanded for the Secretary's enforcement choice; liability remained undecided on review.
• Key point: The Secretary's choice of which operator or contractors to prosecute had to be settled before further Commission review.

Full text (FMSHRC public release)

CCASE:
MSHA V. PHILLIPS URANIUM
DDATE:
19800804
TTEXT:
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, D.C. 20006 August 4, 1980 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA),
v. Docket Nos. CENT 79-281-M
CENT 79-282-M
PHILLIPS URANIUM CORPORATION
CENT 80-6-M
CENT 80-124-M
DECISION
In his decision below, the administrative law judge held that Phillips Uranium Corporation was responsible for certain violations of mandatory safety standards committed by independent contractors. He based his conclusion of liability on the Commission's decision in Old Ben Coal Company. 1 FMSHRC 14SO (1979),and assessed a penalty against Phillips Uranium. We granted Phillips Uranium's petition for discretionary review. For the reasons set forth in our recent decision in Pittsburg & Midway Coal Mining Company, Docket Nos. BARB 79-307-P, etc. (August 4, 1980), we do not at this time reach the issues directed for review but rather remand the case for a limited purpose. In the interests of fair enforcement of the Act, this case is remanded to the administrative law judge for the purpose of affording the Secretary an opportunity to determine whether to continue to prosecute these citations against Phillips Uranium, or any independent contractors which are claimed to have violated the standards cited, or both. If the Secretary determines in his judgment to continue to proceed against Phillips Uranium only, he shall so inform the judge within 30 days of this decision, and the judge shall transmit the record to the Commission for continued consideration of the issues on review. If the Secretary determines not to proceed further against Phillips Uranium, he shall make an appropriate motion to the judge, who, in ruling on such motion shall issue a new order or decision finally disposing of the proceeding against Phillips Uranium which constitutes his final disposition of the proceedings against Phillips Uranium,
~2051
within the meaning of section 113(d)(1) of the Act. If the Secretary determines to continue to proceed both against Phillips Uranium and

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any independent contractors involved which are claimed to have violated the standards cited in these dockets, disposition of all citations shall be had prior to any further review by the Commission.
~2052 Frank F. Jestrab,
Commissioner
Distribution
George W. Terry, Jr., Esq.
Malcolm L. Shannon, Jr., Esq.
Phillips Uranium Corporation
Legal Division
P.0. Box 26236
Albuquerque, N.M. 87125
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Va. 22203
Administrative Law Judge John Carlson
FMSHRC
333 W. Colfax Ave., Suite 320
Denver, Colorado 80204

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