KYN Coal Company Incorporated (ALJ decision, February 24, 1994)

Plain-English summary

KYN Coal Company faced civil penalties based on allegations that respirable-dust samples had been invalidated by removing dust from the samples before submission. Because a related master docket involved alleged tampering of respirable-dust cassettes and could provide guidance, the ALJ proposed placing this case on stay. The parties were ordered to advise the judge within 21 days whether they supported a stay.

Decision snapshot

• Cited standards: None stated in the order.
• Outcome: The ALJ proposed a stay and ordered the parties to submit their views within 21 days.
• Key point: A related case involving the same first-impression issue may justify staying a penalty proceeding while the related decision is pending.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. KYN COAL
DDATE:
19940224
TTEXT:

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SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 94-294 Petitioner : A. C. No. 15-17134-03514 :
v. : No. 4 Mine
KYN COAL COMPANY
:
INCORPORATED,
:
Respondent :

ORDER TO ADVISE

The Secretary has filed a petition for the assessment of three civil penalties in the above captioned action. The cita- tions allege that respirable dust samples submitted to the Secretary by the operator were invalid because respirable dust had been removed from the samples before submission.

There is presently pending for decision before Administra- tive Law Judge James A. Broderick a case involving alleged tampering of respirable dust cassettes at the Urling No. 1 Mine of Keystone Coal Corporation (Master Docket No. 91-1). A hearing on this matter was held November 30, 1993, through January 6, 1994. Previously, a common issues trial was held which lasted from December 1, 1992 to February 22, 1993, and a decision on the common issues was rendered on July 20, 1993 (15 FMSHRC 1456).

It does not appear from the record whether the issues in the instant case are identical to those in the Master Docket. However, the Master Docket is a matter of first impression with respect to alleged tampering of dust cassettes. It appears therefore, that at the very least, the decision to be issued in that case might be of general assistance in this proceeding. Accordingly, I propose to place this case on stay pending the decision in the Master Docket.

In light of the foregoing, it is ORDERED that within 21 days of the date of this order the parties advise me in writing of their views with respect to a stay.

Paul Merlin
Chief Administrative Law Judge

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Distribution: (Certified Mail)

Edward H. Fitch, Esq., Office of the Solicitor, U. S. Department of Labor, 4015 Wilson Boulevard, Arlington, VA 22203

Billy R. Shelton, Esq., Baird, Baird, Baird & Jones, PSC, P. O. Box 351, Pikeville, KY 41502

Mr. Elmer Fuller, KYN Coal Company, Inc., P. O. Box 35, Vansant, VA 24656

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