Southwestern Illinois Coal Corp. (ALJ decision, August 30, 1985)

Plain-English summary

Southwestern Illinois Coal Corp. faced a penalty proceeding involving a violation of 30 C.F.R. § 77.1710(g) at the Captain Mine. After the Commission remanded the case for a finding on whether the violation was significant and substantial and for a penalty assessment, the parties agreed to settle the matter for $70 instead of the original $90. Judge James A. Broderick found the violation significant and substantial, accepted the settlement, and ordered payment within 30 days.

Decision snapshot

• Cited standard(s): 30 C.F.R. § 77.1710(g), with penalty criteria under 30 U.S.C. § 820(i)
• Outcome: The violation was found significant and substantial, the settlement was approved, and a $70 penalty was assessed.
• Key point: On remand, the judge approved the reduced penalty after the parties addressed the violation's significance, negligence, abatement, and settlement amount.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. SOUTHWESTERN ILLINOIS COAL DDATE: 19850830 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 82-38
PETITIONER
A.C. No. 11-00609-03034

v. Captain Mine

SOUTHWESTERN ILLINOIS COAL
CORP.,
RESPONDENT

DECISION ON REMAND

Before: Judge Broderick

By a decision issued May 15, 1985, the Commission concluded that Respondent violated 30 C.F.R. 77.1710(g) and remanded the case to me for determination whether the violation was significant and substantial and for the assessment of an appropriate civil penalty.

On August 2, 1985, the Secretary filed a motion to dismiss and approve a settlement entered into by the parties. The parties agree that the violation was significant and substantial because it could result in a serious injury or fatality. They agree to settle the case for $70 (it was originally assessed at $90). The motion states that Respondent was not negligent, and that it corrected the violation by disciplining the miner involved and instructing the employees on the need for using safety belts.

I conclude that the motion should be granted. I conclude that the violation was significant and substantial. An appropriate penalty for the violation is $70.

Respondent is ORDERED to pay the sum of $70 within 30 days of the date of this decision.

James A. Broderick
Administrative Law Judge