Secretary of Labor v. Southwestern Illinois Coal Corporation (ALJ decision, October 30, 1980)

Plain-English summary

MSHA cited Southwestern Illinois Coal after an act by a subcontractor at its Captain Strip Mine and proposed a $1,050 penalty based partly on the subcontractor's negligence. A later regulation set guidelines for citing independent contractors. The Secretary asked to dismiss this case so MSHA could decide whether to cite the subcontractor under that policy. Judge John F. Cook granted the motion and dismissed the case against Southwestern Illinois Coal. The order did not decide whether a citation would be issued to the subcontractor.

Decision snapshot

• Cited rule: 30 C.F.R. § 45.6, the independent contractor policy cited in the motion.
• Outcome: Penalty proceeding dismissed on the Secretary's motion; no penalty assessed in this order.
• Key point: Dismissal let MSHA reconsider which entity to cite under its contractor policy.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. SOUTHWESTERN ILLINOIS COAL
DDATE:
19801030
TTEXT:
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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 80-341
PETITIONER A/O No. 11-00609-03020

v. Captain Strip Mine

SOUTHWESTERN ILLINOIS COAL CORP.,
RESPONDENT

ORDER OF DISMISSAL

On October 6, 1980, Petitioner filed a motion to dismiss in the above-captioned case stating as follows:

The Petitioner, RAY MARSHALL, Secretary of Labor, United States Department of Labor, by the undersigned attorney, hereby makes a motion, pursuant to 29 CFR 2700.10, that this proceeding against Respondent, SOUTHWESTERN ILLINOIS COAL CORPORATION be dismissed.
As grounds for this motion, the Petitioner states:

1. Citation No. 1000674 was issued on February 26, 1980 as a result of an act committed by a subcontractor, Darryll Waggle Construction Company, working at the Captain Strip Mine;

2. An assessment of $1,050 was proposed which was based, in part, on the negligence of Waggle Construction Company;

3. 30 CFR 45.6, effective July 31, 1980, establishes guidelines as to when the Secretary will cite independent contractors;

4. In the interests of fair law enforcement, the Secretary should be given the opportunity to apply this policy to the independent contractor, Waggle Construction Company;

5. A dismissal of this proceeding will permit the Secretary to determine whether a citation should be issued to Waggle Construction Company and, if issued, will permit Waggle Construction Company to file a Notice of Contest pursuant to 29 CFR 2700.20 if it chooses to do so.
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Petitioner's motion is herewith GRANTED and the above-captioned case is herewith DISMISSED.

John F. Cook
Administrative Law Judge