Island Creek Coal Company (ALJ decision, September 9, 1999)

Plain-English summary

MSHA alleged that Island Creek Coal Company violated the mine roof-control standard at Ohio No. 11 Mine and proposed an $8,000 penalty. The parties settled after the hearing, with Island Creek agreeing to pay $3,000. Judge Jacqueline R. Bulluck approved the settlement, directed MSHA to modify the citation from section 104(d)(1) to section 104(a), reduce the gravity to unlikely, and remove the significant-and-substantial designation. The case was to be dismissed after payment.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.220(a)(1)
• Outcome: The citation was modified through an approved settlement, and the penalty was reduced to $3,000.
• Key point: An approved settlement can change the enforcement classification and gravity designation as well as reduce the penalty.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, Suite 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

September 9, 1999

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 98-313 Petitioner : A. C. No. 15-03178-03894
v. :
: Ohio No. 11 Mine
ISLAND CREEK COAL COMPANY, :
Respondent :

DECISION

Appearances: Joseph B. Luckett, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee for Petitioner;
Elizabeth S. Chamberlin, Esq., Consol Inc., Pittsburgh, Pennsylvania for Respondent.

Before: Judge Bulluck

This case is before me upon a Petition for Assessment of Penalty filed by the Secretary of Labor, through the Mine Safety and Health Administration ("MSHA"), against Island Creek Coal Company ("Island Creek"), pursuant to section 105(d) of the Federal Mine Safety and Health Act of 1977 ("the Act"), 30 U.S.C. §815. The Petition seeks a civil penalty of $8,000.00 for an alleged violation of section 75.220(a)(1), 30 U.S.C. § 75.220(a)(1).

A hearing on the merits was convened on July 28, 1999, in Henderson, Kentucky, during which MSHA Inspector Archie Coburn testified. Based on conclusions drawn from the inspector's testimony, the Parties entered into a discussion and negotiated a settlement, whereby Petitioner agreed to modify 104(d)(1) Citation No. 4274887 to a 104(a) citation, to reduce the level of gravity to "unlikely," and to delete the "significant and substantial" designation, and Respondent agreed to pay a reduced penalty of $3,000.00. The settlement was approved at hearing, and that determination is hereby confirmed.

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.

ORDER

The settlement is approriate and in the public interest.
WHEREFORE, the approval of settlement is GRANTED, and it is ordered that the Secretary modify Citation No. 4274887 to a 104(a) citation, reduce the level of gravity to "unlikely," and delete the "significant and substantial" designation, and that Respondent pay a penalty of $3,000.00 with thirty (30) days of this Decision. Upon receipt of payment, this case is DISMISSED.

Jacqueline R. Bulluck
Administrative Law Judge

Distribution:

Joseph B. Luckett, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 (Certified Mail)

Elizabeth S. Chamberlin, Esq., Consol Inc., Consol Plaza,
1800 Washington Road, Pittsburgh, PA 15241-1421 (Certified Mail)