Woodland Hills Mining Company and Broken Hill Mining Company (ALJ decision, July 7, 1993)

Plain-English summary

Woodland Hills Mining Company and Broken Hill Mining Company faced civil penalty proceedings under the Mine Act. At the hearing, the parties reported that they had reached settlement agreements and proposed reducing a $486 penalty to $200. Judge Avram Weisberger found the settlement appropriate under section 110(i) of the Act, granted the motion, and ordered the respondent to pay $486 within 30 days.

Decision snapshot

• Cited standards: The order does not identify specific Mine Act standards.
• Outcome: The settlement motion was granted, and payment of $486 was ordered within 30 days.
• Key point: The ALJ approved the settlement after finding it met the Mine Act's section 110(i) criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COWWrSSION

OFFICEOFADMINISTRATIVELAW
JUDGES
• •

                                                                                2     SKYLINE,                10th            FLOOR
                                                                                     5203         LEESBURG                PiKE
                                                                     FALLS            CHURCH,                VIRGINIA                  22041

JUL 7
1993
SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. KENT 92-712
Petitioner A.C. No. 15-16801-03509

                               V. No.            1        Mine

WOODLAND HILLS MINING COMPANY,
Respondent

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. KENT 93-170
Petitioner A.C. No. 15-15637-03541

                               Vl                                                                                             No.           1         Mine

BROKEN HILL MINING COMPANY,
Respondent

DECISION

Appearances: Mary Sue Taylor, Esq., U.S. Department of Labor,
Office of the Solicitor, Nashville, Tennessee,
for
Petitioner;
Mr. Hobart W. Anderson, Broken Hill Mining
Company, and Woodland Hills Mining, Ashland,
Kentucky for Respondent.

Before: Judge Weisberger
These cases are before me upon petitions for assessment of
civil penalty under Section 105(d) of the Federal Mine Safety and
Health Act of 1977 (the Act). The cases were scheduled for
hearing on June 16, 1993, in Huntington, West Virginia. At the
hearing, the parties appeared and advised that they had reached a
settlement covering the matters at issue. Petitioner made a
motion to approve settlement agreements and to dismiss these
cases. A reduction in penalty from $486 to $200 is proposed. I
have considered the representations and documentation submitted
in this case, and I conclude that the proffered settlement is
appropriate under the criteria set forth in Section ll0(i) of the
Act.

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          WHEREFORE,                       the           motion            for      approval              of       settlement                   is     GRANTED,
                                                                                                       penalty            of         $486       within      30

and it is ORDERED that Respondent pay
days of this order.

Avram
• Weisberger
•//
Administrative Law Judge
Distribution:

Mary Sue Taylor, Esq., office of the Solicitor, U. S. Department
of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN

37215 (by Fascimile and Regular Mail)

Mr. Hobart W. Anderson, President, Broken Hill Mining Company,
P.O. Box 989, Ashland, KY
and Woodland Hills Mining Company Inc.,
41105 (by Fascimile and Regular Mail)

nb

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