Secretary of Labor v. Chad Buus, employed by United States Steel - Minnesota Ore Operations

Plain-English summary

Chad Buus timely emailed a contest of an individual penalty assessment to MSHA. The agency received the filing but did not assign or process it, causing the assessment to appear final. After the error was identified, MSHA processed the contest and agreed that reopening was moot. The Commission held that the timely notice prevented the assessment from becoming a final order. It remanded the case for further proceedings.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(a)
• Outcome: The reopening motion was moot because the contest was timely, and the case was remanded.
• Key point: MSHA's failure to process a timely emailed contest does not make the assessment final.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH

ADMINISTRATION
(MSHA)

                    v.

CHAD
BUUS, employed by

UNITED
STATES STEEL –

MINNESOTA
ORE OPERATIONS

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Docket
No. LAKE 2024-0016

A.C.
No. 21-00820-581886A

BEFORE:
Jordan, Chair; Althen, Rajkovich, and Baker, Commissioners

ORDER

BY THE COMMISSION:

        This

matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §
801 et seq. (2018) (“Mine Act”). On October 13, 2023, the Commission received
from Chad
Buus (“Buus”)
a motion seeking to reopen a penalty assessment that had appeared to become a
final order of the Commission pursuant to section 105(a) of the Mine Act, 30
U.S.C. § 815(a).

        On

August 7, 2023, Buus received a proposed penalty assessment from the Secretary.
On September 7, 2023, the proposed assessment was deemed a final order of the
Commission, when it appeared that the operator had not filed a Notice of
Contest within 30 days.

        The

operator asserts that it timely filed its contest of the assessment on August
16, 2023, via the Mine Safety and Health Administration’s (MSHA) contest email
address. MSHA’s records confirm that the contest was timely received but had
not been assigned or processed by the agency. When this error was brought to
MSHA’s Civil Penalty and Compliance Office’s attention, the contest was
assigned and processed. Based upon these circumstances, the Secretary submits
that the Motion to Reopen should be denied as moot. Alternatively, the
Secretary does not oppose the Motion to Reopen.

        Having reviewed Buus’ request and the Secretary’s

response, we conclude that the proposed penalty assessment did not become a final
order of the Commission because the operator timely contested the proposed
assessment. Section 105(a) states that if an operator “fails to notify the
Secretary that he intends to contest the . . . proposed assessment of penalty .
. . the citation and the proposed assessment of penalty shall be deemed a final
order of the Commission.” 30 U.S.C. § 815(a). Here, Buus notified the Secretary
of the contest. This obviates any need to invoke Rule 60(b). Accordingly, the
operator’s motion to reopen is moot, and this case is remanded to the Chief
Administrative Law Judge for further proceedings pursuant to the Mine Act and
the Commission’s Procedural Rules, 29 C.F.R. Part 2700.

/s/
Mary Lu Jordan

Mary Lu Jordan,
Chair

/s/ William I. Althen

William I. Althen, Commissioner

/s/ Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Commissioner

/s/ Timothy J. Baker

Timothy J. Baker, Commissioner

Distribution:

R.
Henry Moore, Esq.

Fisher
& Phillips LLP

Six
PPG Place

Suite
830

Pittsburgh,
PA 15222

[email protected]

April
Nelson, Esq.

Associate
Solicitor

Office
of the Solicitor

U.S.
Department of Labor

Division
of Mine Safety and Health

201
12th Street South, Suite 401

Arlington,
VA 22202

[email protected]

Emily
Toler Scott, Esq.

Counsel
for Appellate Litigation

Office
of the Solicitor

U.S.
Department of Labor

Division
of Mine Safety and Health

201
12th Street South, Suite 401

Arlington,
VA 22202

[email protected]

Melanie
Garris

USDOL/MSHA,
OAASEI/CPCO

201
12th Street South, Suite 401

Arlington,
VA 22202

[email protected]

Chief
Administrative Law Judge Glynn F. Voisin

Federal
Mine Safety Health Review Commission

Office
of the Chief Administrative Law Judge

1331
Pennsylvania Avenue, NW Suite 520N

Washington,
DC 20004-1710

[email protected]