Cabin Coal Corporation (ALJ decision, July 22, 1986)

Plain-English summary

At Cabin Coal Corporation's Lancer Tipple, an MSHA inspector saw a front end loader operating with windshield cracks in the driver's line of sight. The loader traveled up a ramp to dump coal, and the impaired view could have contributed to a collision. Judge Roy J. Maurer found a violation of the equipment condition standard, 30 C.F.R. § 77.1605(a). Because traffic in the area was infrequent and no pedestrians were present, he found the violation was not significant and substantial. He affirmed the citation on that basis and assessed a $20 civil penalty payable within 30 days.

Decision snapshot

• Cited standard: 30 C.F.R. § 77.1605(a), mobile equipment condition.
• Outcome: Citation affirmed as non-significant and substantial; $20 penalty assessed.
• Key point: The cracked windshield impaired visibility, but the evidence did not establish a likely serious injury in the operating area.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE IAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
$ALLS CHURCH, VIRGINIA 22041

JUL 22 1986
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
J
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. KENT 85-149
Petitioner : A. C. No. 15-10271-03502
v. : Lancer Tipple Mine
:
CABIN COAL CORPORATION,
:
Respondent :

DECISION
Appearances: Mary Sue Ray, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for Petitioner;
Richard Sims, President, Cabin Coal Corporation, Prestonsburg, Kentucky, pro se.
-
'Before: Judge Maurer
The Secretary of Labor, on behalf of the Mine Safety and Health Administration (MSHA), charges respondent with a violation of the safety regulations promulgated under the Federal Mine Safety and Health Act, 30 U.S.C. S 801 et seq., (the Act).
-

After notice to the parties, a hearing was held on the merits at Prestonsburg, Kentucky, on May 30, 1986.
Samuel V. Trossky, a'surface mine inspector employed by MSHA, had occasion on April 22, 1985, to inspect the Lancer Tipple.
On that occasion he observed a front end loader moving coal from the stock pile and taking it to the honper. He issued $ 104(a) Citation No. 2468999 for a violation of 30 C.F.R. S 77.1605(a) because the windshield of that vehicle had numerous cracks directly in the line of sight of the operator so as to impair his vision.
The front end loader had to go up a S-foot elevated ramp.to dump coal into the hopper and therefore because

1116 of the driver's impaired vision, he possibly could run into the hopper, or maybe run into a truck according to the in- spector. However, the inspector testified that he didn't know how likely it would be that the operator would run into something and he further testified that there was in- frequent vehicular traffic in the area this front end loader was operating in and no pedestrian traffic.
The facts of this case establish a non-S&S violation of the cited regulation and I conclude that a civil penalty of $20 is appropriate.
Conclusions of Law
1. The Commission has jurisdiction to decide this case.
2. Respondent violated the mandatory safety standard published at 30 C.F.R. S 77.1605(a) as alleged in Citation No. 2468999.
3. The violation was not "significant and substantial" within the meaning of the Act.
4. The appropriate penalty for the violation is $20.
ORDER
Citation No. 2468999 is affirmed as non-significant and substantial and the respondent IS ORDERED to pay a civil penalty of $20 to the Secretary within 30 days of the date of this decision.

Distribution:
Mary Sue Ray, Esq., Office of the Solicitor, U. S. Department of Labor, 801 Broadway, Rm. 280, Nashville, TN 37203 (Certified Mail) Richard Sims, President, Cabin Coal Corpd, Goble-Roberts Addition, Prestonsburg, KY 41653 (Certified Mail)

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