Harlan Cumberland Coal Company

Plain-English summary

Harlan Cumberland Coal Company and the Secretary jointly asked the judge to approve a settlement for two citations at the C-2 Mine. The proposed settlement reduced the total penalty from $534 to $426, with each citation reduced from $267 to $213. Judge Roy J. Maurer found the settlement appropriate under the Mine Act's penalty criteria. He approved the settlement and ordered the company to pay $426 within 30 days.

Decision snapshot

• Cited standard(s): The order identifies two citations but does not state the underlying safety regulations.
• Outcome: Settlement approved and the total penalty reduced from $534 to $426.
• Key point: The judge approved the proposed penalty reduction after finding the settlement appropriate under the statutory penalty criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                OFFICE OF A D M INISTRA TIV E LA W JUDGES
                         2 SK YLINE, 10 th FLOOR
                          5203 LEESBURG PIK E
                    FA LLS CHURCH, V IRGINIA 22041




                      February 28, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 94-408
Petitioner : A. C. No. 15-07201-03631
v. :
: C-2 Mine
HARLAN CUMBERLAND COAL COMPANY, :
Respondent :

               DECISION APPROVING SETTLEMENT

Before: Judge Maurer

 This case is before me upon a petition for assessment of

civil penalty under section 105(d) of the Federal Mine Safety and
Health Act of 1977 (the Act). The parties have filed a joint
motion to approve a settlement agreement and to dismiss the case.
A reduction in penalty from $534 to $426 is proposed. The
citations, initial assessments, and the proposed settlement
amounts are as follows:

                     INITIAL                                PROPOSED

CITATION NO. ASSESSMENT SETTLEMENT

4040311 $ 267 $ 213
4040312 267 213

TOTAL $ 534 $ 426

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 110(i) of the
Act.

 WHEREFORE, the motion for approval of settlement is GRANTED,

and it is ORDERED that respondent pay a penalty of $426 within
30 days of this order.

                                     Roy J. Maurer
                                     Administrative Law Judge

Page 2

Distribution:

MaryBeth Bernui, Esq., Office of the Solicitor, U. S. Department
of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN
37215

H. Kent Hendrickson, Esq., Rice & Hendrickson, P. O. Box 980,
Harlan, KY 40831

dcp

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