Buckeye Coal Mining Company (ALJ decision, July 18, 1984)

Plain-English summary

MSHA cited Buckeye Coal Mining Company for lacking fire extinguishers on a bulldozer and a dragline at its West Point Strip Mine. The Secretary proposed settling each citation for $15, down from an initial assessment of $20. Judge Paul Merlin found the Secretary had not explained why the missing extinguishers created little danger or why already low assessments should be reduced. He disapproved both settlements and reassigned the case to another judge. The order did not decide the citations or set final penalties.

Decision snapshot

• Cited standards: 30 C.F.R. § 77.1109(c)(1) and § 77.1109-2, fire extinguisher requirements.
• Outcome: Two proposed $15 settlements disapproved; the case was reassigned. The citations remained unresolved.
• Key point: A penalty reduction needed an explanation tied to the risk from missing fire extinguishers.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BUCKEYE COAL
DDATE:
19840718
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 84-2
PETITIONER
A.C. No. 33-01357-03502
v.
West Point Strip Mine
BUCKEYE COAL MINING COMPANY,
RESPONDENT

DISAPPROVAL OF SETTLEMENT
ORDER OF ASSIGNMENT

The Solicitor has filed a motion for approval of settlement for the two violations in the above captioned action. The original assessments were for $20 apiece and the Solicitor seeks approval in the amount of $15 each.

One violation was for the absence of a fire extinguisher on a bulldozer and the other was for the absence of a fire extinguisher on the drag line. The Solicitor advises that "The probability of occurrences of the event against which the violated standard is directed is improbable. The gravity of protected injury was slight. The number of affected persons was one. * * * This violation only concerns the failure to install portable fire extinguishers on a bulldozer and a dragline pursuant to 30 C.F.R. | 77.1109(c)(1) and | 77.1109-2. Therefore, there was little likelihood of danger of any of Respondent's miners."

The Solicitor does not explain why the failure to install fire extinguishers means that there was little likelihood of danger. The absence of fire extinguishers would appear to pose some risk of injury and if this was not so, then the Solicitor should specifically tell why. Even more importantly, the original assessed penalties of $20 apiece were very low. In absence of some compelling circumstance, further reduction would make a mockery of the Act.

In light of the foregoing, the proposed settlements are disapproved.
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This case is hereby assigned to Assistant Chief Administrative Law Judge Gary Melick. All future communications regarding this case should be addressed to him at the following address:

Federal Mine Safety and Health
Review Commission
Office of Administrative Law Judges
Two Skyline Place, Suite 1000
5203 Leesburg Pike
Falls Church, VA 22041
Telephone: 703-756-6261

Paul Merlin
Chief Administrative Law Judge