T & H Coal Company, Inc. (ALJ decision, February 21, 1992)

Plain-English summary

T & H Coal Company withdrew its contest of the proposed penalty for a respirable-dust citation and paid the penalty. The citation alleged that respirable dust had been intentionally removed from samples before they were submitted to MSHA. Judge Paul Merlin reviewed the penalty under the Mine Act's statutory criteria, approved the $1,100 assessment, and dismissed the case.

Decision snapshot

• Cited standard: 30 C.F.R. § 70.209(b).
• Outcome: The $1,100 penalty was approved and the proceeding was dismissed after payment.
• Key point: Withdrawal of the contest and payment of the proposed penalty allowed the judge to approve the assessment and close the proceeding.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

February 21, 1992

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 91-1285
Petitioner : A. C. No. 15-13880-03543 D
V. :
No. 7 Mine
T & H COAL COMPANY, INC., :
Respondent :
DECISION APPROVING PENALTY
ORDER OF DISMISSAL
Before: Judge Merlin
The operator has filed a letter advising that it is with- drawing its contest in the above-captioned case and paying the proposed penalty. The Mine Safety and Health Administration has informed the Commission that the penalty has been paid.
Citation No. 9859056 was issued as a 104(a) citation for an alleged violation of 30 C.F.R § 70.209(b). According to the Secretary, the respirable dust samples submitted to MSHA were invalid because respirable dust had been intentionally removed from the samples before they were submitted to MSHA.
I have reviewed the citation in light of the six statutory criteria set forth in section 110(i) of the Act, 30 U.S.C.
§ 820(i), and find that the penalty assessed is in accordance with the provisions of the Act.
Accordingly, I approve the $1,100 penalty assessment in this case and the operator having paid, this case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge
Distribution:
Douglas N. White, Esq., Office of the Solicitor, U. S. Department of Labor, 4015 Wilson Boulevard, Arlington, VA 22203 (Certified Mail) Fields Taylor, T & H Coal Company, Inc., HC 82, Box 1065, Jack- horn, KY 41825 (Certified Mail)

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