Secretary of Labor (MSHA) v. Freeman United Coal Mining Company (ALJ decision, March 22, 1983)

Plain-English summary

Judge James A. Broderick corrected the negligence finding in his March 16 decision concerning Freeman United Coal Mining Company. The corrected conclusion states that the operator should have known of the reporting violation because it knew of the miner's injury, making the violation negligent. This short order does not restate the violation finding or assess a new penalty. The Commission later affirmed the underlying finding that Freeman violated the mine injury reporting rule.

Decision snapshot

• Cited standard in the underlying case: 30 C.F.R. § 50.20(a), mine injury reporting.
• Outcome: Negligence conclusion in the March 16 ALJ decision corrected; no new penalty assessed here.
• Key point: The judge tied negligence to the operator's knowledge of the miner's injury.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. FREEMAN UNITED
DDATE:
19830322
TTEXT:
~510

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 82-89
PETITIONER
A.C. No. 11-00599-03084

v. Orient No. 6 Mine

FREEMAN UNITED COAL MINING
COMPANY, A SUBSIDIARY OF
MATERIAL SERVICE CORP.,
RESPONDENT

CORRECTION TO DECISION
ISSUED MARCH 16, 1983

On page 5 of the Decision issued March 16, 1983, Conclusion of Law No. 5 should read as follows:

5. Respondent should have been aware of the violation, since it was aware of the injury. Therefore, the violation was the result of Respondent's negligence.

James A. Broderick
Administrative Law Judge