Cobra Resources, Inc. (ALJ decision, July 17, 1984)

Plain-English summary

MSHA cited Cobra Resources because the service brakes on a front end loader used to move railroad cars were inadequate. The Secretary proposed settling for the original $20 assessment, pointing to an operative emergency brake, the loader's blade, and its use on level ground. Judge Paul Merlin acknowledged those facts but found the worn brakes still posed a definite safety hazard. He refused to approve the $20 settlement and reassigned the case to another judge. The citation and any final penalty remained unresolved.

Decision snapshot

• Cited standard: 30 C.F.R. § 77.1605(b), adequate brakes on mobile equipment.
• Outcome: Proposed $20 settlement disapproved; case reassigned.
• Key point: An available emergency brake did not remove the hazard posed by inadequate service brakes.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. COBRA RESOURCES
DDATE:
19840717
TTEXT:
~1749

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. KENT 83-54
PETITIONER
A.C. No. 15-12628-03501
v.
Cobra Tipple
COBRA RESOURCES, INC.,
RESPONDENT

DECISION DISAPPROVING SETTLEMENT
ORDER OF ASSIGNMENT

On March 27, 1984, the Solicitor filed his response to the Order to Submit Information issued in the above-captioned case. At issue is one violation, the proposed settlement of which is for $20, the originally assessed amount.

Citation No. 2054981 was issued for violation of 30 C.F.R.
77.1605(b) because adequate brakes were not provided on a 125 Michigan Front End Loader being used for moving cars to be loaded on track. The Solicitor represents in his motion that the brakes on the front end loader were worn but not completely out. It was equipped with an operative emergency brake and in addition it could use its front blade in the event that it needed to stop suddenly. The Solicitor also states that this front end loader was being used to move railroad cars on level ground and was not being used to load the coal into the hopper. For the above enumerated reasons, the Solicitor asserts that gravity was low and negligence was moderate. I cannot approve a $20 settlement in this case. $20 denotes a lack of gravity. Thus, although the degree of seriousness of this violation may be somewhat mitigated by the facts described by the Solicitor, it did constitute a definite safety hazard. One can only wonder at the process which produced a $20 penalty in this instance.

This case is hereby assigned to Assistant Chief Administrative Law Judge Gary Melick.

All future communications regarding this case should be addressed to Judge Melick at the following address:
~1750
Federal Mine Safety and Health
Review Commission
Office of Administrative Law Judges
Two Skyline Place, Suite 1000
5203 Leesburg Pike
Falls Church, VA 22041
Telephone: 703-756-6261

Paul Merlin
Chief Administrative Law Judge