Secretary of Labor v. Nacco Mining Company (ALJ decision, October 31, 1980)

Plain-English summary

MSHA sought penalties for two alleged violations at Nacco Mining's Powhatan No. 6 Mine. Judge Paul Merlin vacated a dust control plan citation because an earlier decision had held the same plan provision invalid. He approved a $140 settlement for a separate citation involving exposed conductors on a welding machine's trailing cable, accepting the Secretary's account that the insulation remained intact and the risk was less than first assessed. The Commission later vacated its direction for review in this docket without deciding the dust plan issue or changing this ruling.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 75.316 and 75.517.
• Outcome: Dust control citation vacated; trailing cable settlement approved for $140.
• Key point: The earlier ruling on the dust plan provision controlled one citation, while the reduced risk supported settlement of the other.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. NACCO MINING
DDATE:
19801031
TTEXT:
~3194

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Civil Penalty Proceeding
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 80-290
PETITIONER
A/O No. 33-01159-03086

v. Powhatan No. 6 Mine

NACCO MINING COMPANY,
RESPONDENT

DECISION

This case consists of a petition for the assessment of civil penalties for two alleged violations of the Act. The Solicitor has filed a motion to approve a settlement for one of the two citations.

Citation 1008201 was issued for an alleged violation of 30 CFR 75.316. On September 8, 1980 a hearing was held in Secretary of Labor v. Nacco Mining Company, Quarto Mining Company and The North American Coal Corporation, LAKE 80-251, et al. in which the same provision of respondent's dust control plan at issue in this citation was litigated. In those cases a decision dated September 22, 1980 held invalid this provision of the dust control plan. The decision in LAKE 80-251 is dispositive of this citation.

Citation 1008126 was issued when exposed power conductors were observed in two locations on the trailing cable of a welding machine, a violation of 30 CFR 75.517. The original assessment for the alleged violation was $210. The recommended settlement is $140. In support of her motion, the Solicitor advises that although the jacket of the cable was cut, the insulation itself was intact. Further, the floor in the area of the cable was dry and the welding machine had been in operation on only an infrequent basis. These factors indicate a more remote probability of occurrence than was originally indicated. I accept the Solicitor's representations. The recommended settlement is approved.

ORDER

Citation 1008201 is hereby VACATED and the petiton to assess a civil penalty is DISMISSED insofar as it concerns this citation.

The operator is ORDERED to pay $140 within 30 days of the date of this decision.

Paul Merlin
Assistant Chief Administrative Law Judge